and similar in scale to the adjoining residential neighborhood. The proposed design will consist of three-story units, which are allowed by the proposed R3 zoning. Thus, the project is similar both in land use intensity and physical scale of the adjoining residential neighborhood.
Policy 2.3 of the Housing Element: Provide density bonuses and other financial and regulatory incentives to facilitate the development of affordable housing.
The proposed project includes three (3) for-sale affordable units for “moderate-income” households in accordance with the State Density Bonus Law. To facilitate the development with these affordable units, the project incorporates State Density Bonus Law allowances of one (1) concession, five (5) waivers to deviate from development standards, reduced parking ratios, and tandem parking design. The proposed Zoning Map Amendment and the granting of all of the aforementioned incentives are needed to facilitate the construction of the proposed development and to support the creation of more affordable housing units in the City. Furthermore, the Project will contribute to meeting the City’s Regional Housing Needs Allocation (RHNA). b. The provisions of the California Environmental Quality Act have been complied with.
Concurrently with the adoption of this Resolution, the City Council adopted Resolution No. ______, adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project. c. The proposed development project does not have specific, adverse impacts, as defined in subdivision (j)(1)(A) of Government Code Section 65589.5, on public health and safety without any feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval of the proposed project.
The proposed 30-unit townhome development will not have specific, adverse impacts on public health and safety. The proposed project is within the maximum allowable density, is compatible with surrounding uses, is similar in scale to the adjoining neighborhood, and is consistent with the land use type and intensity in the immediate neighborhood. Furthermore, the Project will contribute to meeting the City’s Regional Housing Needs Allocation (RHNA), as well as the Housing Element policies.
4. The City Council of the City of Garden Grove hereby makes the following findings regarding Tentative Tract Map No. TT- 19273:
a. The proposed map is consistent with the General Plan.
The proposed project includes the construction of thirty (30) residential townhomes that include three (3) affordable housing units for "moderate income" households, along with associated site improvements. Pursuant to the 241
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State Density Bonus Law, the project is entitled to reduce parking ratios, one (1) incentive or concession, and waivers or modifications of development standards.
With the approval of General Plan Amendment No. GPA-001-2023 and Amendment No. A-036-2023, the subject site will have a General Plan land use designation of Medium Density Residential (MDR), and will be zoned R-3 (Multiple-Family Residential). The MDR is intended to create, maintain and enhance residential areas characterized by mostly traditional multi-family apartments, condominiums, and townhomes. The MDR is implemented by the R-3 zone, which is intended to provide for a variety of types and densities of multiple-family residential dwellings. This zone is intended to promote housing opportunities in close proximity to employment and commercial centers. With the exception of the reduced parking ratios, and development standards required to be waived or modified pursuant to the State Density Bonus Law, the proposed project complies with all applicable objective development standards and provisions of the General Plan and Municipal Code.
The proposed project is also consistent with several goals and policies of the City’s General Plan, including the following:
Policy LU-2.2: Strive to provide a diverse mix of housing types, along with uniformly high standards of residential property maintenance to preserve residents’ real estate values and their high quality of life.
The proposed development of thirty (30) for-sale units will add to the mix of diverse housing types in the immediate neighborhood. The proposed townhome development will ensure maintenance of all common areas, such as the private street, guest parking areas, the common recreation area, and street frontage landscaping, which will be the responsibility of the Homeowner’s Association to ensure proper maintenance that preserves the residents’ real estate values. Furthermore, the project will contribute to meeting the City’s Regional Housing Needs Allocation (RHNA), as well as the Housing Element policies.
Policy LU-2.4: Assure that the type and intensity of land use shall be consistent with that of the immediate neighborhood.
The site is located within a mixed-use neighborhood characterized by large commercial plazas and multi-story residential and mixed-use buildings.
Existing and approved new uses within the one-mile radius from the site consist of both commercial and high-density residential developments, including the Brookhurst Place at the northwest corner of Brookhurst Street and Garden Grove Boulevard (48 units/acre), a future new Mixed Use Building at the northeast corner of Brookhurst Street and Garden Grove Boulevard (28 units/acre), and the Garden Brook Senior Housing development at the south side of Garden Grove Boulevard just west of Brookhurst Street (78 units/acre). 242
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In addition, surrounding land use designations from the project site include Medium Density Residential, which allows a density of up to 32 units per acre, Residential/Commercial Mixed Use 1 (RC1), which allows up to 60 units per acre, and Residential/Commercial Mixed Use 3 (RC3), which allows up to 48 units per acre. Considering the site is surrounded by Land Use districts that allow higher residential density, the proposed R-3 that allows up to 32 units per acre is appropriate, as it will not only provide opportunities for new housing developments, but also create a transition between the lower density neighborhood to the east of the project site and the higher density and mixeduse neighborhoods along Brookhurst Street.
Goal LU-4: The City seeks to develop uses that are compatible with one another.
The 1.22-acre site is proposed to be improved with thirty (30) townhome units, or 24.6 units per acre, which is within the allowable density of 32 units per acre pursuant to the proposed MDR General Plan land use designation. The proposed project is within the allowed density of the MDR land use designation and similar in scale to the adjoining residential neighborhood. The proposed design will consist of three-story units, which are allowed by the proposed R3 zoning. Thus, the project is similar both in land use intensity and physical scale of the adjoining residential neighborhood.
Policy 2.3 of the Housing Element: Provide density bonuses and other financial and regulatory incentives to facilitate the development of affordable housing.
The proposed project includes three (3) for-sale affordable units for “moderate-income” households in accordance with the State Density Bonus Law. To facilitate the development with these affordable units, the project incorporates State Density Bonus Law allowances of one (1) concession, five (5) waivers to deviate from development standards, reduced parking ratios, and tandem parking design. The proposed Zoning Map Amendment and the granting of all of the aforementioned incentives are needed to facilitate the construction of the proposed development and to support the creation of more affordable housing units in the City. Furthermore, the Project will contribute to meeting the City’s Regional Housing Needs Allocation (RHNA). b. The design and improvement of the proposed subdivision are consistent with the General Plan.
With the approval of General Plan Amendment No. GPA-001-2023, the proposed map will be consistent with the provisions of the General Plan. The applicant is requesting Tentative Tract Map No. TT-19273 approval to create a one-lot subdivision for the purpose of developing the site with thirty (30) for sale townhomes (24.6 units per acre). With the approval of General Plan Amendment No. GPA-001-2023, the subject site will have a General Plan Land Use Designation of MDR, which is intended to create, maintain and enhance 243
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residential areas characterized by mostly traditional multi-family apartments, condominiums, and townhomes. The MDR Land Use Designation allows a density up to 32 units per acre. Thus, the project will within the allowable density. In accordance with the State Subdivision Map Act, Tentative Tract Map No. TT-19273 will create a one-lot subdivision for the purpose of selling each townhome as a condominium. The shared driveway, common open space, onsite landscaping, and open guest parking will be managed and maintained by the Homeowner Association (HOA). With the approval of General Plan Amendment No. GPA-001-2023 and Amendment No. A-036-2023, the proposed Tentative Tract Map is in conformance with the City’s General Plan, the City’s Subdivision Ordinance, the Municipal Code requirements, and the State’s Subdivision Map Act.
c. The site is physically suitable for the type of development and complies with the spirit and intent of the Municipal Code.
The site is physically suitable for the type of development proposed by the developer and complies with the spirit and intent of the Municipal Code. The proposed 1.22-acre site will consist of 30 units, which would be allowed under the proposed R-3 zone. The residential development has been designed per the R-3 zone development standards. As designed, the site is able to accommodate thirty (30) units, along with the required parking, landscaping, private and common recreation areas, setbacks, and building height.
Therefore, the property is sufficient in size to accommodate the proposed development, and complies with all applicable provisions of the City of Garden Grove Municipal Code.
d. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, and the requirements of the California Environmental Quality Act have been satisfied.
Concurrently with the adoption of this Resolution, the City Council adopted Resolution No. ______, adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project. e. The site is physically suitable for the proposed density of the development.
With the approval of General Plan Amendment No. GPA-001-2023 and Amendment No. A-036-2023, the subject site will have a General Plan Land Use Designation of MDR, which is intended to create, maintain and enhance residential areas characterized by mostly traditional multi-family apartments, condominiums, and townhomes. The MDR Land Use Designation and R-3 zone allow a residential density up to 32 units per acre. The proposed project will consist of 30 units which is within the allowable density. The project has also been designed to comply with the Municipal Code R-3 zone development standards for multi-family developments. As designed, the site is able to 244
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accommodate 30 units, along with the required parking, landscaping, private and common recreation areas, setbacks, and building height. Therefore, the property is sufficient in size to accommodate the proposed development, and complies with all applicable provisions of the City of Garden Grove Municipal Code.
f. The design of the subdivision and the proposed improvements are not likely to cause serious public health problems.
The design of the residential subdivision and the proposed improvements are not likely to cause serious public health problems since conditions of approval will be in place to safeguard public health. The proposed subdivision has been designed to comply with the R-3 zone development standards of the Municipal Code. City Departments, including the Traffic Division, Water Division, Engineering Division and the Planning Services Division, and the Orange County Fire Authority (OCFA) have reviewed the proposed development and have applied conditions of approval to minimize potential impacts that the project may have on the community. The conditions of approval for on and offsite improvements will safeguard public health. g. The design of the project and the proposed improvements will not conflict with easements of record or easements established by court judgment acquired by the public at large for access through or use of property within the subdivision; or, if such easements exist, alternate easements for access or for use will be provided and these will be substantially equivalent to the ones previously acquired by the public.
The design of the residential subdivision and the proposed improvements will not conflict with easements of record or easements established by court judgment acquired by the public at large for access through or use of property within the proposed subdivision. The project has been designed to avoid development over existing easements.
h. The design and improvement of the proposed subdivision are suitable for the uses proposed and the subdivision can be developed in compliance with the applicable zoning regulations.
The proposed subdivision has been specifically designed to accommodate the 30 townhomes on the subject property, and to create a one-lot subdivision for the purpose of selling each townhome as a condominium. As designed, the subdivision is able to accommodate 30 units, along with the required parking, landscaping, private and common recreation areas, setbacks, and building height per the development standards of the Municipal Code. Therefore, the design and improvement of the proposed subdivision is suitable for the proposed use and the subdivision can be developed in compliance with the applicable provisions of the City of Garden Grove Municipal Code. 245
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i. The design of the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision.
To the extent feasible, the project has been designed in accordance with Government Code Section 66473.1, such as to allow for passive or natural heating opportunities in the subdivision design, to encourage the orientation of structures to take advantage of shade and prevailing breezes, to allow solar access for passive heating and opportunities for placement of shade trees and other vegetation for cooling.
j. The design, density, and configuration of the subdivision strike a balance between the effect of the subdivision on the housing needs of the region and public service needs.
The applicant is requesting approval of Tentative Tract Map No. TT-19273 to create a one-lot subdivision to sell each of the 30 proposed townhomes as a condominium. Approval of the map will allow the construction of 30 townhomes on a site that is currently vacant and unimproved. Approval of the proposed Tentative Tract Map will allow a construction of thirty (30) new residential units, which will contribute to meeting the City’s Regional Housing Needs Allocation (RHNA).
The project site is located in an area with a mix of uses that include commercial services and residential services. The Orange County Fire Authority (OCFA) will provide services to the project area. As part of the reviewing process, OCFA has reviewed the proposed plan to ensure that design measures are incorporated appropriately to provide a safe environment.
Brookhurst Street and Central Avenue are adequate to accommodate the development. Existing utilities and drainage channels in the area are adequate to accommodate the development. The proposed development will install and maintain landscaping, allowing adequate drainage of storm water.
Landscaping will also be added along Brookhurst and Central Avenue. The Public Works Department has reviewed the project, and has incorporated all the appropriate conditions of approval to minimize any adverse impacts.
Furthermore, the project area is in the Garden Grove Unified School District (GGUSD), which serves a 28-square mile area with 65 schools. Development of the project would generate a new student population on the project site, who would generally attend schools within the GGUSD. Provide the project is approved, the GGUSD impact fee will be collected prior issuance of the building permits. The fees are used for the construction and reconstruction of school facilities necessary as a result of new development.
k. The character of the subdivision is compatible with the design of existing structures, and the lot sizes of the subdivision are substantially compatible with the lot sizes within the general area.
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The applicant is requesting approval of Tentative Tract Map No. TT-19273 is to create a one-lot subdivision to sell each of the 30 proposed townhomes as a condominium. Approval of the map will allow the construction of 30 townhomes on a site that is currently vacant and unimproved. The project has been reviewed in relation to the housing needs and goals of the City and is compatible with the existing developments in the direct vicinity. The property is located in an area improved with a mix of commercial and residential uses.
The proposed residential development will increase the number of available housings in the area, and further the goals of the Housing Element of the General Plan. Moreover, the project complies with the density requirements of the General Plan, as well as the Municipal Code development standards. l. The subject property is not located within a state responsibility area or a very high fire hazard severity zone, the proposed subdivision is served by local fire suppression services, and the proposed subdivision meets applicable design, location, and ingress-egress requirements.
m. The discharge of waste from the proposed subdivision into the existing sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. The conditions of approval for on and off-site improvements will ensure permitted capacity of the public sewer system is not exceeded.
5. In addition to the foregoing, the City Council incorporates herein by this reference, the facts and findings set forth in the Planning Commission and City Council staff reports for the Project and in Planning Commission Resolution No. 6078-23.
6. The Site Plan and Tentative Tract Map possess characteristics that justify the request in accordance with Sections 9.60.020 (Review of Housing Development Projects) and 9.40.060 (Tentative Maps) of the Garden Grove Municipal Code.
7. Site Plan No. SP-127-2023 and Tentative Tract Map No. TT-19273 are hereby approved, subject to and contingent upon the adoption and effectiveness of an Resolution adopting General Plan No. GPA-001-2023 and ordinance approving Zoning Amendment No. A-036-2023 by the Garden Grove City Council.
8. In order to fulfill the purpose and intent of the Municipal Code and thereby promote the health, safety, and general welfare, the attached Conditions of Approval (Exhibit “A”) shall apply to Site Plan No. SP-127-2023 and Tentative Tract Map No.
TT-19273.
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EXHIBIT “A”
Site Plan No. SP-127-2023, and
Tentative Tract Map No. TT-19273
13252 Brookhurst Street and 10052 Central Avenue
CONDITIONS OF APPROVAL
General Conditions
1. The applicant and each owner of the property shall execute, and the applicant shall record a “Notice of Agreement with Conditions of Approval and Discretionary Permit of Approval,” as prepared by the City Attorney’s Office, on the property. Proof of such recordation is required within 30 days of the approval.
2. All Conditions of Approval set forth herein shall be binding on and enforceable against each of the following, and whenever used herein, the term “applicant” shall mean and refer to each of the following: the project applicant, Melia Homes, Inc., owners and/or developers of the project, Fraser Partner Properties, LLC for the property located at 13252 Brookhurst Street, and Linh Hoang and Thu Thuy Pham for the property located at 10052 Central Avenue, and the future owner(s) and tenants(s) of the property(ies), and each of their respective successors and assigns. All conditions of approval are required to be adhered to for the life of the project, regardless of property ownership.
Except for minor modifications authorized to be approved by the Community Development Director pursuant to Condition No. 4, any changes to the Conditions of Approval require approval by the appropriate City hearing body.
3. Site Plan No. SP-127-2023 and Tentative Tract Map No. TT-19273 only authorize (i) the construction of thirty (30) three-story townhomes along with associated site improvements; and (ii) the creation of a one-lot subdivision for the purpose of selling each townhome as a condominium on a 1.22-acre lot located on the southeast corner of Brookhurst Street and Central Avenue, at 13252 Brookhurst Street and 10052 Central Avenue, as depicted on the plans submitted by the applicant and made part of the record of the December 7, 2023, Planning Commission proceedings. Approval of this Site Plan and Tentative Tract Map shall not be construed to mean any waiver of applicable and appropriate zoning and other regulations; and wherein not otherwise specified, all requirements of the City of Garden Grove Municipal Code shall apply.
4. The approved site plan and floor plan are an integral part of the decision approving this Site Plan and Tentative Tract Map. There shall be no additional changes in the design of the site plan and floor plan without the approval of the City. Minor modifications to the Site Plan and/or these Conditions of 248
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Approval, which do not materially change the scope or intensity of the project, and which will not result in impacts that have not previously been addressed, may be approved by the Community Development Director, in his or her discretion. Proposed modifications to the project and/or these Conditions of Approval determined by the Community Development Director not to be minor in nature shall be subject to approval of new and/or amended land use entitlements by the applicable City hearing body.
5. All conditions of approval shall be implemented at the applicant’s expense, except where specified in the individual condition.
Public Works Engineering Division
Project Design
6. A geotechnical study prepared by a registered geotechnical engineer and approved by the City is required. The report shall analyze the liquefaction potential of the site and make recommendations. The report shall analyze sub-surface issues related to the past uses of the site, including sub-surface tanks and basement and septic facilities. Any soil or groundwater contamination shall be remediated prior to the issuance of a building permit per the requirements of the Orange County Health Department and the mitigation requirements of governing regulatory requirements. The report shall make recommendations for foundations and pavement structural section design of interior streets and parking spaces. The report shall also test and analyze soil conditions for LID (Low Impact Development) principles and the implementation of water quality for storm water runoff, including potential infiltration alternatives, soil compaction, saturation, permeability and groundwater levels. The applicant shall implement the recommendations identified in the geotechnical study / report.
7. Prior to the issuance of any grading or building permits, the applicant shall submit to the City for review and approval a final design Water Quality Management Plan that:
a. Addresses required mitigation Site Design Best Management Practices (BMPs) based upon the latest Santa Ana Regional Water Quality Control Board (SARWQCB) Drainage Area Management Plan (DAMP) as identified in the geotechnical report recommendations and findings, including, but not limited to, infiltration minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or “zero discharge” areas, and conserving natural areas as required by the latest adopted County of Orange Technical Guidance Document (TGD).
b. BMP’s shall be sized per the requirements of the latest Technical Guidance Documents.
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c. Incorporates the applicable Routine Source Control BMPs as defined in the DAMP.
d. Incorporates structural and Treatment Control BMPs as defined in the DAMP.
e. Generally describes the long-term operation and maintenance requirements for the Treatment Control BMPs.
f. Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs.
g. Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs.
h. Provides a hydrological analysis with scaled map as well as hydrologic and hydraulic calculations to size storm drains per the Orange County RDMD standards.
8. Parkway culverts shall be designed per City of Garden Grove Standard Plan B-209. Storm drain lateral pipe connections to city-maintained storm drains within City right of way shall be RCP with a minimum diameter of eighteen-eighteen-inches (1’-6”).
9. Grading plans prepared by a registered Civil Engineer are required. As required under Section 107 of the California Building Code (CBC), the grading plan shall be based on a current survey of the site, including a boundary survey, topography on adjacent properties up to thirty feet (30’-0”) outside the boundary, and designed to preclude cross lot drainage. Minimum grades shall be 0.50% for concrete flow lines and 1.25% for asphalt. The grading plan shall also include water and sewer improvements. The grading plan shall include a coordinated utility plan showing all existing utility facilities, easements and proposed utility facilities. All on-site improvements shall be tied by horizontal dimensional control to the property boundary as established by survey. A minimum uninterrupted twenty-foot (20’-0”) wide throat access to the site is required from the street for the multi residential projects and shall meet the requirements of the California Fire Code throughout the site. Vehicle maneuvering, as demonstrated by Auto Turn along private streets and access ways, shall be demonstrated on the grading plan. Street improvement plans shall conform to all format and design requirements of the City Standard Drawings & Specifications. Approved site plan from planning division shall be included as part of the grading improvements plan package.
10. All vehicular access drives to the site shall be provided in locations approved by the City Traffic Engineer. (See Traffic Engineering Policy TE-17)
11. The applicant shall coordinate with the Planning Services Division and Orange County Fire Authority to identify proper emergency vehicle access to the site 250
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and shall provide the Engineering Division a copy of the approval letters upon first submittal of the grading and street improvement plans.
12. The applicant shall complete the following for the tract map:
a. Prior to recordation of a tract map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The surveyor/engineer shall submit record information to the City on Auto Cad DWG format.
b. Prior to recordation of a tract map, the surveyor/engineer preparing the map shall submit to the County Surveyor a digital graphics file of said map in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The surveyor/engineer shall submit record information to the City on Auto Cad DWG format.
c. Prior to issuance of a grading permit, the applicant shall submit to the Planning Services Division an updated title report along with copies of the recorded instruments listed in the title report, reference maps used to prepare legal description and the plat for review and approval of the parcel map.
d. All subdivision mapping shall be concurrently reviewed by the City Engineering Division and the County of Orange Survey Department. The applicant shall forward all plan check comments received from the County of Orange Survey Department to the City of Garden Grove’s Engineering Division upon receipt from the county.
13. Any new drive approaches to the site shall be constructed in accordance with Garden Grove Standard B-121 as they conform to land use and roadway designation.
14. The grading plan shall depict an accessibility route for the ADA (Americans with Disabilities Act) pathway in conformance with the requirements of the Department of Justice standards, latest edition and section 1110A of the California Building Code.
15. All trash container areas shall meet the following requirements per City of Garden Grove Standard B-502 and State mandated commercial organic recycling law, including AB 1826, SB 1383 and its implementing regulations, and any other applicable State recycling laws related to refuse, recyclables, and/or organics. Trash container areas shall be subject to the following, as applicable:
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a. Paved with an impervious surface, designed not to allow run-on mixing of drainage from adjoining areas, designed to divert drainage from adjoining roofs and pavements to be directed around the area for trash roll out, and screened or walled to prevent off-site transport of trash by water or wind.
b. Provide solid roof or awning to prevent direct precipitation into the enclosure.
c. Connection of trash area drains to the municipal storm drain system is prohibited. Drainage from the enclosure may be directed to a conforming grease or contaminant interceptor.
d. Potential conflicts with fire code access requirements and garbage pickup routing for access activities shall be considered in implementation of design and source control. See CASQA Storm Water Handbook Section 3.2.9 and BMP Fact Sheet SD 32 for additional information.
e. The trash enclosure and containers shall be located to allow pick-up and maneuvering, including turnarounds, in the area of enclosures, and concrete aprons for roll-out areas.
f. Pursuant to State mandated commercial organic recycling law, including AB 1826 and SB 1383 and its implementing regulations, the applicant is required to coordinate storage and removal of the organics waste with local recycling/trash company.
g. Pursuant to applicable State mandated laws, the applicant is required to contact and coordinate with the operations manager of the local recycling/trash company (Republic Services, 800-700-8610) to ensure the trash enclosure includes the appropriate size and number of containers for the disposal of items such as, but not necessarily limited to, municipal solid waste (MSW), recyclables, and organic green waste. h. Based on the amount of waste disposed, per week, the applicant shall coordinate with the local recycling/trash company to ensure the adequate frequency of trash pick-up is serviced to the site for municipal solid waste (MSW), recyclables, and organic green waste, and any other type of waste.
i. The applicant shall ensure large bulk items, intended for coordinated and scheduled pick-up by the local recycling/trash company, are not placed in areas that encroach into drive aisles, parking spaces, pedestrian pathways, or areas in the front of the property including areas public right-of-way (e.g., street, sidewalk), during and after construction. Any large bulk items shall be out of public vantage points. 252
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j. The requirements for the trash enclosure and design criteria are bound and coordinated with the Water Quality Management Plan (WQMP), when required, as depicted on the project grading plan, which shall be incorporated into the WQMP by narrative description, exhibits and an Operation and Maintenance Plan (O&M).
16. Any new or required block walls and/or retaining walls shall be shown on the grading plans, both in plan-view and cross sections. Cross sections shall show vertical and horizontal relations of improvements (existing and proposed) on both sides of property lines. Required wall heights shall be measured vertically from the highest adjacent finished grade. Block walls shall be designed in accordance with City of Garden Grove Standard B-504, B-505, B-506 & B-508 or designed by a professional registered engineer. In addition, the following shall apply:
a. The color and material of all proposed block walls, columns, and wrought iron fencing shall be approved by the Planning Services Division prior to installation.
b. Openings for drainage through walls shall be shown in section details and approved by the City Engineer. Cross-lot drainage is not allowed.
17. The applicant shall remove any existing substandard driveway approaches, curbs, sidewalks, ADA ramps, pavement sections, tree well and landscaping, and construct Central Avenue frontage improvements as identified below. All landscape, irrigation, sidewalk, and lighting improvements installed within the public rights-of-way shall be maintained by the applicant and shall require the approval of the City Engineer, Street Division, and Planning Services Division. a. Existing substandard driveways on Central Avenue shall be removed and replaced with new curb, gutter, landscape, and sidewalk per City standards and specifications.
b. The new driveway approaches to the site on Central Avenue shall be constructed in accordance with Garden Grove Standard B-121. c. The applicant shall install a red curb near driveway approaches on Central Avenue per approved site plan.
d. The applicant shall remove the existing improvements fronting the project on Central Avenue and construct new ten foot (10’-0”) wide sidewalk panels in accordance with City of Garden Grove Standard B105. The owner/contractor shall verify the placement limits of sidewalk concrete panels with public works inspectors prior to start of construction.
e. Central Avenue is currently under a street moratorium. Any utility trench backfilling fronting the project on Central Avenue is subject to fifteen feet (15’-0”) of asphalt resurfacing (up to two inches (2”) of asphalt 253
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grind and cap) from the center line of proposed utility (water, gas, sewer, communication cables) in both directions and may extend the full width of the street as determined by the City Engineer. f. Construct curb and gutter when replacing any existing driveway approach along the property frontage on Central Avenue in accordance with City Standard Plan B-114.
g. The applicant shall locate all existing public utilities across the property frontage and within the property boundary of the project prior to commencement of grading operation and mobilization.
h. The applicant shall coordinate with the Planning Services Division and Public Works Street Division before placing any type of tree within public right of way and proposed landscape area.
i. Street signs shall be installed as required and approved by the City Traffic Engineer.
18. The applicant shall remove any existing substandard driveway approaches, curbs, sidewalks, ADA ramps, pavement sections, tree well and landscaping, and construct Brookhurst Street frontage improvements as identified below.
All landscape, irrigation, sidewalk, and lighting improvements installed within the public rights-of-way shall be maintained by the applicant and shall require the approval of the City Engineer, Street Division, and Planning Services Division.
a. The existing substandard driveway on Brookhurst Street shall be removed and replaced with a new curb, gutter, landscape, and sidewalk per City standards and specifications.
b. The applicant shall remove the existing damaged sidewalk panels fronting the project on Brookhurst Street and replace it with new sidewalk panels in accordance with City of Garden Grove Standard B106. The owner/contractor shall verify the removal and replacement sections of the sidewalk concrete panels with public works inspectors prior to start of construction.
c. Brookhurst Street is currently under a street moratorium. Any utility trench backfilling fronting the project on Brookhurst Street is subject to 15 feet of asphalt resurfacing (up to 2-inches of asphalt grind and cap) from the center-line of proposed utility (water, gas, sewer, communication cables) in both directions and may extend the full width of the street as determined by the City Engineer.
d. Construct curb and gutter when replacing the existing driveway approach along the property frontage on Brookhurst Street in accordance with City Standard Plan B-113.
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e. The new tree wells fronting the project on Brookhurst Street shall be constructed in accordance with Garden Grove Standard B-123 and B127. f. The applicant shall plant total of three Columbia Sycamore tree (36-inch box). The applicant shall coordinate with City’s public works division prior to order and placement of trees on Brookhurst Street. g. The applicant shall locate all existing public utilities across the property frontage and within the property boundary of the project prior to commencement of grading operation and mobilization.
h. The applicant shall coordinate with the Planning Services Division and Public Works Street Division before placing any type of tree within public right of way and proposed landscape area.
i. Street signs shall be installed as required and approved by the City Traffic Engineer.
j. The applicant shall install a pedestrian access gate at the northwest corner of the project to allow for homeowners to access lots 1-8.
19. Any proposed new landscaping in public right-of-way shall be approved by Public Works Street Division and Planning Services Division and maintained by the owner for the life of the project.
20. Driveway widths shall be in accordance with City’s Traffic Engineering Policy TE-8 (Driveway Opening Policy).
21. Sight Distance Standards shall be in accordance with City’s Traffic Engineering Policy TE-13. All structures and walls shall be designed to ensure proper vision clearance for cars entering or leaving the driveway and parking areas. No structure, wall or fence shall cause an exceedance of the applicable site distance standards set forth in City Traffic Engineering Policy TE-13.
22. The Site Plan shall comply with the completed Development Review and Comment Sheet prepared pursuant to City’s Traffic Engineering Policy TE-17 and provided to the applicant.
23. Private Property Tow Away Sign Design shall be in accordance with City’s Traffic Engineering Policy TE-19.
24. No Parking Fire Lane Sign Design shall be in accordance with City’s Traffic Engineering Policy TE-20.
25. The layout of open guest parking spaces shall be in accordance with City Standard B-311 & B-312.
26. Except as authorized pursuant to the approved Site Plan pursuant to the State Density Bonus Law, off-street parking requirements for residential uses shall 255
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be in accordance with the parking provisions in Chapter 9.12 of the Garden Grove Municipal Code and the City of Garden Grove’s Traffic Engineering Policy TE-17 Development Review and Comments Sheet.
27. A minimum five-foot by five-foot-wide maneuvering area shall be provided at the end of a dead-end parking aisle and shall consist of a ten-foot-by-nineteenfoot-wide turnaround space.
Permit Issuance
28. The applicant shall be subject to Traffic Mitigation Fees (Garden Grove City Council Resolution 9401-16), In-Lieu Park Fees, Drainage Facilities Fees, Water Assessment Fees, and other applicable mitigation fees identified in Chapter
9.44 of the Garden Grove Municipal Code, along with all other applicable fees duly adopted by the City. Except as otherwise provided by law, the amount of said fees shall be calculated based on the City’s current fee schedule at the time of permit issuance.
29. A separate street permit is required for work performed within the public rightof-way.
30. Grading fees shall be calculated based on the current fee schedule at the time of permit issuance.
31. The applicant shall identify a temporary parking site(s) for construction crew and construction trailers office staff prior to issuance of a grading permit. No construction parking is allowed on local streets. Construction vehicles should be parked off traveled roadways in a designated parking area. Parking areas, whether on-site or off-site, shall be included and covered by the erosion control plans.
32. Prior to issuance of a grading permit, the applicant shall submit and obtain approval of a worksite traffic control plan for all the proposed improvements within public right of way, which shall be subject to the review and approval of the City Traffic Engineer.
Project Construction/Operation
33. The applicant shall coordinate with City’s Public Works Department (Engineering, Water Services and Streets Division) and set up appointments for pre-construction inspections for all the on-site and off-site improvements prior to commencement of grading operation and mobilization.
34. In accordance with the Orange County Storm Water Program manual, the applicant and/or its contractors shall provide dumpsters on-site during construction unless an Encroachment Permit is obtained for placement in street.
35. The applicant and its contractor shall be responsible for protecting all existing horizontal and vertical survey controls, monuments, ties (centerline and corner) and benchmarks located within the limits of the project. If any of the 256
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above require removal; relocation or resetting, the Contractor shall, prior to any construction work, and under the supervision of a California licensed Land Surveyor, establish sufficient temporary ties and benchmarks to enable the points to be reset after completion of construction. Any ties, monuments and benchmarks disturbed during construction shall be reset per Orange County Surveyor Standards after construction. The applicant and its contractor shall also re-set the tie monuments where curb or curb ramps are removed and replaced, or new ramps are installed. The Applicant and its contractor shall be liable for, at his expense, any resurvey required due to his negligence in protecting existing ties, monuments, benchmarks or any such horizontal and vertical controls. Temporary Benchmarks shall not be used for Vertical control.
Benchmarks shall be to the National Geodetic Vertical Datum (NGVD).
36. Heavy construction truck traffic and hauling trips, and any required lane closures shall occur outside peak travel periods. Peak travel periods are considered to be from 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m.
37. Prior to grading or building permit closeout and/or the issuance of a certificate of use or a certificate of occupancy, the applicant shall:
a. Demonstrate that all structural best management practices (BMPs) described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications.
b. Demonstrate that the applicant is prepared to implement and maintain all non-structural BMPs described in the Project WQMP.
c. Demonstrate that an adequate number of copies of the approved Project WQMP are available on-site.
d. Submit for review and approval by the City an Operations and Maintenance (O&M) Plan for all structural BMPs.
Public Works Water and Sewer Division
38. New water service installations two inches (2”) and smaller, may be installed by the City of Garden Grove at owner’s/developer’s expense. Installation shall be scheduled upon payment of applicable fees, unless otherwise noted. Fire services and larger water services three inches (3”) and larger, shall be installed by developer/owner’s contractor per City Standards.
39. Water meters shall be located within the City right-of-way or within dedicated waterline easement. Fire services and large water services three inches (3”) and larger shall be installed by contractor with Class A or C-34 license, per City water standards and inspected by approved Public Works inspection.
40. A Reduced Pressure Principle Device (RPPD) backflow prevention device shall be installed for meter protection, should a large meter serving multiple units be proposed. The landscape system shall also have RPPD device. Any carbonation dispensing equipment shall have a RPPD device. Installation shall 257
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be per City Standards and shall be tested by a certified backflow device tester immediately after installation. Cross-connection inspector shall be notified for inspection after the installation is completed. Owner shall have RPPD device tested once a year thereafter by a certified backflow device tester and the test results to be submitted to Public Works, Water Services Division. Property owner(s) must open a water account upon installation of RPPD device.
41. It shall be the responsibility of owner/developer to abandon any existing private water well(s) per Orange County Health Department requirements.
Abandonment(s) shall be inspected by Orange County Health Department inspector after permits have been obtained.
42. A composite utility site plan shall be part of the water plan approval.
43. Water system within private streets shall be constructed per City Standards by the developer and dedicated to the City. Bonding will be required.
44. There shall be a minimum fifteen-foot (15’-0”) clearance of building footings from water main. Clearances less than fifteen feet (15’-0”) shall be reviewed and approved by Water Engineering.
45. There shall be no structures or utilities built on or crossing water or sewer main easements.
46. New utilities shall have a minimum of five foot (5’-0”) horizontal and a minimum one foot (1’-0”) vertical clearance from water main and appurtenances.
47. There shall be a minimum clearance from sewer main and water main of ten feet (10’-0”) from outside of pipe to outside of pipe.
48. Any new or existing water valve located within the new concrete driveway or sidewalk construction shall be reconstructed per City Standard B-753.
49. If fire sprinkler system is required and individual water services are proposed off the public water main, the meter and service for each new unit shall be installed per City Standard B-719, which specifies a residential fire sprinkler connection (RFSC) on the backside of the meter.
50. If large meters for a private water system is proposed for the development, and fire protection is required, a separate fire service connection is required.
The separate fire service and any private fire hydrant laterals shall have above ground backflow device with a double check valve assembly. Device shall be tested immediately after installation and once a year thereafter by a certified backflow device tester and the results to be submitted to Public Works, Water Services Division. Device shall be on private property and is the responsibility of the property owner. The above ground assembly shall be screened from public view as required by the Planning Services Division. 258
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51. Existing water main size in Central Ave is six inches (6”). Coordinate with Orange County Fire Authority (OCFA) on fire flow demand for the proposed use. Existing water main may be undersized. Refer to provided utilities map.
52. No permanent structures, trees or deep-rooted plants shall be placed over sewer main or water main.
53. Location and number of fire hydrants shall be as required by Water Services Division and the Orange County Fire Authority (OCFA).
54. Applicant shall abandon any existing unused sewer lateral(s) at street rightof-way on the property owner’s side. The sewer pipe shall be capped with an expansion sewer plug and encased in concrete. Only one sewer connection per lot is allowed.
55. Applicant shall install new private sewer main with clean out at right-of-way line and laterals on-site. The sewer main connection in public right-of-way shall be 6” min. dia., extra strength VCP with wedgelock joints and inspected by GGSD. All on site sewer and appurtenances to be installed per the California Plumbing Code and inspected by the Building Service Division.
56. All perpendicular crossings of the sewer, including laterals, shall maintain a vertical separation of minimum twelve inches (12”) below the water main, outer diameter to outer diameter. All exceptions to the above require a variance from the State Water Resources Control Board.
57. If water main is exposed during installation of sewer lateral, a twenty foot (20’- 0”) section of the water main shall be replaced with twenty foot (20’-0”) PVC C-900 DR-14 class 305 water pipe, size in kind and centered at the crossing.
Orange County Fire Authority
58. The applicant shall comply with all applicable Orange County Fire Authority (OCFA) requirements, including but not limited to the Fire Master Plan.
Building and Safety Division.
59. All work shall comply with the latest edition of the California (CA) Building Standards Code (CBC) at the time of permit application.
60. A soils report per the latest edition of CBC Chapter 18 is required and shall be submitted at the time of building permit application.
61. A fire sprinkler system shall be provided per the latest edition of CBC Chapter
9. 62. Fire and sound rated constructions shall be provided between the units and shall comply with the latest edition of CBC Chapter 7.
63. Common use areas shall comply with the latest edition of CBC Chapter 11A. 259
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64. Complete mechanical, plumbing and electrical plans shall be required.
65. Short- and long-term bicycle parking shall be provided pursuant to the applicable requirements of the building code.
Planning Services Division
66. The applicant shall submit detailed plans showing the proposed location of utilities and mechanical equipment to the Community Development Department, Planning Services Division for review and approval prior to submitting plans into the Building and Safety Division Plan Check process. The project shall also be subject to the following:
a. All above-ground utility equipment (e.g. electrical, gas, telephone, cable TV) shall not be located within any parking areas, and shall be screened by densely planted and maintained landscaped hedges or a fence or wall. Ground-mounted equipment shall not exceed the maximum allowable height for a wall, fence, or hedge.
b. Street facing perimeter block walls, whether new or existing, shall be decorative and utilize stucco finish, slump stone or split-face block, and shall include trailing vines, hedges planted along the base of the exterior face, or other landscaping treatments that deter graffiti. c. Roof-mounted mechanical equipment shall be screened by parapet walls, rooftop architectural features such as a tower equal to the height of the equipment, or low walls surrounding the equipment and shall be painted to match the color of the building materials.
d. No exterior piping, plumbing, or mechanical ductwork shall be permitted on any exterior façade and/or be visible from any public right-of-way or adjoining property. Roof rain gutters are permitted. The rain gutters shall follow the natural architecture lines of the building.
67. All landscaping shall be consistent with the landscape requirements of Title 9 of the Municipal Code. The developer shall submit a complete landscape plan governing the entire development. The landscape irrigation plans shall include type, size, location and quantity of all plant material. The landscape plan shall include irrigation plans and staking and planting specifications. All landscape irrigation shall comply with the City’s Landscape Ordinance and associated Water Efficiency Guidelines. The landscape plan is also subject to the following:
a. A complete, permanent, automatic remote control irrigation system shall be provided for all landscaping areas shown on the plan. The sprinklers shall be of drip or micro-spray system sprinkler heads for water conservation.
b. Forty percent (40%) of the trees on a site shall consist of minimum size 24-inch box, and the remaining sixty percent (60%) shall be of minimum size 15 gallons. These trees shall be incorporated into the 260
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landscaped frontages of all streets. Where clinging vines are considered for covering walls, Boston Ivy shall be used.
c. The applicant or the property owner shall be responsible for installing and maintaining the landscaping.
d. No trees shall be planted closer than five feet (5'-0”) from any public right-of-way. Trees planted within ten feet (10'-0”) of any public right-of-way shall be planted in a root barrier shield. All landscaping along street frontages adjacent to driveways shall be of the low-height variety to ensure safe sight clearance. All trees planted on the subject property, whether for screening the project from the neighboring lots or for aesthetic or selling/marketing purposes, shall have an irrigation system installed in order maintain the trees.
e. All trees shall be double-staked in accordance with City standards. f. All landscape areas, including the areas located within the public rights-of-way along Brookhurst Street and Central Avenue that abut the subject property, are the responsibility of the applicant/property owner(s).
g. Fifty percent (50%) of all required shrubs shall be a minimum size of five (5) gallons at time of planting.
h. Live groundcover shall be planted and maintained where shrubbery is not sufficient to cover exposed soil. Mulch may be used in place of groundcover where groundcover will not grow or where groundcover will cause harm to other plants, but not more than 30% of the groundcover area shall have the mulch substitute.
i. Groundcover plants shall be planted at a density and spacing necessary for them to become well established and provide surface coverage within 18 months of planting.
j. The landscape plan shall incorporate and maintain for the life of the project those means and methods to address water run-off also identified as Low Impact Development provisions, which address water run-off. This is also to be inclusive of any application of Water Quality Management Plans (WQMP), Drainage Area Management Plans (DAMP) and any other water conservation measures applicable to this type of development.
k. At the time of irrigation installation, the irrigation system shall comply with all applicable provisions of the City’s Water Conservation Ordinance, the City’s Municipal Code landscape provisions, and all applicable state regulations.
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l. All above-ground utilities (e.g. water backflow devices, electrical transformers, irrigation equipment) shall be shown on the landscaping plan in order to ensure landscape screening will be provided. m. Applicant shall comply with the provisions of Assembly Bill 1572 (2023) and any related implementing regulations adopted by the City pertaining to the prohibition on use of potable water for irrigation of nonfunctional turf.
68. All of the common recreational area, as identified on the approved site plan, shall be equipped with the list of amenities, as shown on the approved plan, subject to review by the Planning Services Division and Building and Safety Division prior to issuance of building permits for compliance with applicable standards.
a. The improvements to the outdoor recreational area shall include at a minimum, raised planters, tables, chairs, patio and lounge furniture, barbeque grills, benches, and landscaping.
b. Lighting in the common recreational areas shall be provided at a maximum one-foot light candle during the hours of darkness and shall be restricted to low decorative type wall-mounted lights or ground lighting systems.
69. The applicant shall analyze the feasibility of installing vertical guardrail design in lieu of the horizontal design within the second-story balcony.
70. The applicant shall prepare Covenants, Conditions, and Restrictions (CC&R's) for review and approval by the City Attorney's office and Community Development Department prior to building permit issuance. The approved CC&R’s shall be recorded at the same time that the subdivision map is recorded and two copies (a hard copy and an electronic copy) of the recorded CC&R’s shall be provided to the Planning Division. The CC&R's shall include the following stipulations and/or provisions:
a. All units shall maintain the ability to park two (2) cars within the garages at all times. Unless otherwise permitted by State Law, garages shall not be converted to any other use.
b. There shall be no business activities, day care, or garage sales conducted within or from the garages.
c. Parking spaces in the garages shall be made available to the occupants of the unit at all times.
d. Residents shall not park or store vehicles anywhere on the site except within the designated parking spaces in the garages for their dwelling unit. However, the four (4) unassigned open, guest parking spaces, located along the southerly property line of the development, may be 262
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utilized by residents or guests for temporary parking. Any issues arising from the use, application, or restriction of such open parking spaces shall be at the resolve of the Homeowner’s Association (HOA). e. All graffiti vandalism shall be abated within the premises. Best management practices shall be implemented to prevent and abate graffiti vandalism within the premises throughout the life of the project, including, but not limited to, timely removal of all graffiti, the use of graffiti resistant coatings and surfaces, the installation of vegetation screening of frequent graffiti sites, and the installation of signage, lighting, and/or security cameras, an necessary. Graffiti shall be removed/eliminated as soon as reasonably possible after it is discovered, but not later than 72 hours after discovery.
f. Each residence shall be utilized as one (1) dwelling unit. No portion of any residence shall be utilized or rented as a separate dwelling unit. g. The CC&R’s shall include provisions providing the owners or tenants a means of contacting persons responsible for site maintenance, repairs, trash pick-up, and other related matters for a development of this type.
This shall also include scheduling of maintenance of such items as the recreation area, landscape area maintenance, etc. This also includes ensuring tree overhangs do not block or hinder any vehicles such as street sweepers, trash trucks, fire trucks, etc., from maneuvering around the cul-de-sac.
h. Storage of boats, recreational vehicles, or commercial vehicles on the property is prohibited.
i. The CC&R’s shall include stipulations that maintenance of the private drive aisles, storm drain, sewer system, and open space areas within the interior of the development, and the landscape setback areas outside the development walls adjacent to Brookhurst Street and Central Avenue is the responsibility of the Homeowner’s Association, including the common landscaped areas.
j. Each unit shall have a minimum of 120 cubic feet of storage space, which may be provided in the garage parking areas, and typical closet space within the unit shall not count toward this requirement. k. Each unit shall maintain a private open space area with minimum dimension of six feet (6’-0”) in any direction and a minimum vertical clearance of eight feet (8’-0”).
l. All recreation areas, landscaping along the front and side yards of each unit, the project site entryway, landscaped areas in all common areas, and any landscaping within the public right-of-way shall be maintained for the life of the project and such maintenance provisions shall be included in the CC&R’s.
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m. The common recreation areas, as identified on the approved site plan, shall be equipped with outdoor furniture, a BBQ area, and community gardens, subject to review by the Planning Services Division, and Building and Safety Division.
n. There shall be no parking allowed along the shared drive aisle, except within the designated parking areas and striped parallel parking spaces.
All curbs not designated as parking areas shall be painted red. The applicant shall post “No Parking” signs along the drive aisle. o. The maintenance of the shared driveway, storm drains, sewer system, and open space areas is the responsibility of the applicant and property owner(s), including the common recreation areas, and the common landscape areas.
p. Each unit shall be provided with an air conditioning condensing unit and/or system so that there are no wall-mounted or window mounted units. If units are located on the roof, an architectural design of the roof areas shall be done to effectively screen such units from adjacent properties and the public right-of-way.
q. Mailboxes shall be provided and installed by the applicant. The local postmaster shall approve the design and location.
r. Each unit shall be provided with washer and dryer hook-ups. s. Each unit shall have phone jacks and cable-TV outlets in all rooms, except in the hallways and bathrooms.
t. The Conditions of Approval for Site Plan No. SP-127-2023 and Tentative Tract Map No. TT-19273 shall be incorporated into the CC&Rs, and provisions corresponding to any applicable Conditions of Approval shall be included in the CC&Rs.
u. The following provisions shall be included within the CC&R’s (in substantially the same form as below or as otherwise approved by the City Attorney):
i. Compliance with Stormwater Quality Regulations. The Homeowner's Association shall implement, and fund implementation of, the Operation and Maintenance (“O&M”) Plan for the Property, which was approved by the City as part of the Water Quality Management Plan (“WQMP”) required for development of the Property, and shall operate and maintain the Best Management Practices (“BMPs”) described in the O&M Plan for the Property, which includes:
1. Description of all post-construction BMPs (non-structural and structural),
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2. Description of the Property owner’s(s’) responsibilities and required training of persons performing BMP
implementation, operation and maintenance,
3. Implementation frequency and operating schedule,
4. Inspection/maintenance frequency and schedule,
5. Specific maintenance activities,
6. Required permits from resource agencies, if any,
7. Forms to be used in documenting implementation,
operation and maintenance activities,
8. Recordkeeping requirements.
A copy of the approved O&M Plan is described in the current WQMP for the Project, as it may be amended from time to time according to its terms, which is on file with the City of Garden Grove Community Development Department, and is incorporated herein by this reference. The Committee shall maintain a copy of the current WQMP at a location on the Property.
The Property shall be, and the Homeowner's Association shall ensure that the Property is used and maintained in full compliance with the provisions of the O&M Plan and Chapter 6.40 (Stormwater Quality) of the Garden Grove Municipal Code, as it may be amended. The City shall have the right to inspect the Property for the purpose of verifying compliance with this provision. The City of Garden Grove shall be an intended third-party beneficiary to this provision. The City shall have the right and authority, but not the obligation, to enforce this provision by any legal or equitable means, or by any method available to the Property owners as provided elsewhere in the Declaration, against the Declarant, Homeowner's Association, Owners, their successors and assigns, or other persons in possession of the Property. This provision shall not be amended or terminated without the written approval of the City of Garden Grove Community Development Department.
ii. Enforcement: The City is hereby made a party to this Declaration solely for purposes of enforcing its provisions and the Conditions of Approval of Site Plan No. SP-127-2023 and Tentative Tract Map No.
TT-19273. The City, its agents, departments and employees shall have the unrestricted right and authority, but not the obligation, to enforce the provisions of this Declaration and the Conditions of Approval of Site Plan No. SP-127-2023 and Tentative Tract Map No.
TT-19273. In the enforcement of this Declaration, the City shall not be limited to the procedures or processes described in this Declaration and may use any remedy provided under law or equity, 265
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including the City’s Municipal Code. The City, its agents, departments and employees may further refuse to issue any building, electrical or plumbing permit that may be in violation of these Declarations for Site Plan No. SP-127-2023 and Tentative Tract Map No. TT-19273 approvals. However, the City shall not be liable for failing or refusing to enforce the provisions of these Declarations or the Conditions of Approval of \Site Plan No. SP-127-2023,and Tentative Tract Map No. TT-19273. The alternative dispute resolution provisions set forth in Section / Article [SECTION] of this Declaration shall not apply to or legally bind the City.
iii. Assessments: The City may levy special assessments against the properties in connection with its actions to enforce the conditions of this Declaration for Site Plan No. SP-127-2023, and Tentative Tract Map No. TT-19273 approvals, or to abate the violation thereof. The City shall have the same power as the Association to levy special assessments pursuant to the provisions of [SECTION] of this Declaration in the event that it incurs expenses in the enforcement of the conditions of these Declarations -for Site Plan No.
SP-127-2023 and Tentative Tract Map No. TT-19273. Notice of intention to make such assessment shall be mailed by the City to the Owner of each affected [LOT/UNIT] affording the Owner thirty (30) days’ notice to satisfy or reimburse the City’s expenditure. In the event of the failure of any Owner of any affected [LOT/UNIT] to reimburse the City within thirty (30) days, notice of such assessment shall be mailed by the City to said Owner, and said assessment shall thereafter be due as a separate debt to the City within thirty (30) days following the mailing of such notice. Any such delinquent assessment may be and may become a lien upon the interest of the defaulting Owner in the Lot upon the execution by the City and the recording in the Orange County Recorder’s office of a notice of delinquent assessment under the same conditions that the Association could record the same pursuant to the provisions of [SECTION]. The City may foreclose on such notice of delinquent assessment in the same manner and with the same power as the Association could foreclose on such notice pursuant to the provisions of [SECTION]. It is the intent of Declarant, which intent shall be binding upon all of Declarant’s successors in interest in the Properties, that the City shall be deemed an interest holder pursuant to the provisions of these Declarations in order to enforce the rights which have been given to the City generally in these Declarations and specifically pursuant to this Section.
iv. Attorney Fees: The City shall be entitled to recover its attorney’s fees incurred in connection with its actions to enforce the conditions of these Declarations for Site Plan No. SP-127-2023, and Tentative Tract Map No. TT-19273 approvals, or to abate the violation thereof. 266
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v. Public Safety Access: The Police and Fire Department personnel may enter upon any part of the common area for the purpose of enforcing State and Local laws.
vi. Modification/Termination: This Declaration shall not be terminated or substantially amended without the prior written approval of the City of Garden Grove Community Development Department.
71. Should the applicant elect to build the project in more than one phase, then a phasing plan shall be submitted to the Community Development Department prior to releasing units for model purposes. The phasing plan shall include, but not be limited to, a site plan showing the phasing areas, protection of finished units, and protection for related safety issues concerning pedestrians and non-construction vehicles. The perimeter improvements including landscaping, walls, street improvements, and underground utilities, shall be completed in the first phase. The phasing plan shall be approved by the Community Development, OCFA, and Public Works Departments prior to issuance of building permits. Notwithstanding if the applicant elects to construct the Project in phases, the applicant shall record a single final map, not multiple phased final maps, and the CC&Rs shall apply to the entire property covered by the Tentative Tract Map at the time of recordation.
72. Hours and days of construction and grading shall be as set forth in the City of Garden Grove Municipal Code Chapter 8.47 as adopted, except that:
a. Monday through Friday – not before 7:00 a.m. and not after 5:00 p.m. b. Saturday – not before 8:00 a.m. and not after 5:00 p.m. All construction activity on Saturday shall be limited to interior construction only. c. Sunday and Federal Holidays – no construction shall occur.
73. Construction activities shall adhere to SCAQMD Rule 403 (Fugitive Dust) that includes dust minimization measures, the use of electricity from power poles rather than diesel or gasoline powered generators, and the use methanol, natural gas, propane or butane vehicles instead of gasoline or diesel-powered equipment, where feasible. Also, use of solar, low emission water heaters, and low sodium parking lot lights, shall be required to ensure compliance with Title 24. Applicant and its contractor shall also comply with all applicable California Air Resources Board (CARB) regulations, including CARB’s Regulation for In-Use Off-Road Diesel-Fueled Fleets.
74. All lighting structures shall be placed so as to confine direct rays to the subject property. All exterior lights shall be reviewed and approved by the Planning Services Division. Lighting adjacent to residential properties shall be restricted to low decorative type wall-mounted lights, or a ground lighting system.
Lighting shall be provided throughout all private drive aisles and entrances to the development per City standards for street lighting. Lighting in the common 267
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areas shall be directed, positioned, or shielded in such manner so as not to unreasonably illuminate the window area of nearby residences.
75. The main drive aisle serves the entire project for vehicular circulation. The applicant shall utilize effective signage, and/or other acceptable means (i.e., a painted/marked red fire lane), to communicate to residents and guests that there shall be no parking in front of the parking structure or anywhere within the drive aisle. Additionally, the applicant shall ensure and enforce lease or other restrictions providing that there will be no long-term parking of vehicles in the guest parking spaces and that guest parking spaces shall not be reserved for any particular units.
76. There shall be no deliveries from or to the premises before 7:00 a.m. and after 10:00p.m., seven (7) days a week.
77. All new block walls, and/or retaining wall(s), including existing block walls to remain, if any, shall be shown on the grading plans. Block walls shall be developed to City Standards or designed by a Registered Engineer and shall be measured from on-site finished grade. The applicant shall provide the following:
a. All block walls shall comply with the requirements of Section
9.12.040.010.U of the Municipal Code. Where allowed, no walls greater than 36-inches (3’-0”) in height shall be constructed within the driveway vision clearance area of the project’s entrance.
b. Decorative masonry walls are required along the south, east, and west property lines and shall be constructed to a minimum height of 6’-0”, as measured from highest point of finished grade. The block walls shall be decorative and utilize stucco finish, slump stone or split-face block, and shall include trailing vines, hedges planted along the base of the exterior face, or other landscaping treatments that deter graffiti. c. The applicant shall work with the existing property owners along the project perimeter in designing, constructing, and maintaining the required perimeter block walls. This requirement is to avoid having double walls and to minimize any impact that it might cause to the existing landscaping on the neighbor’s side as much as possible. The perimeter block wall shall be constructed and situated entirely within the subject property. In the event that the applicant cannot obtain approval from the property owners, the applicant shall construct the new wall with a decorative cap to be placed between the new and existing walls. In the event the location of a new wall adjacent to an existing wall or fence has the potential to affect the landscape planter, then the applicant shall work with City Staff to address this situation. The Community Development Director shall be authorized to approve minor alterations the size and/or location of the landscape planter to accommodate the placement of such wall.
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78. All recreation areas, landscaping along the interior project street and entryway, landscaped areas in all common areas, and any landscaping within the public right-of-way shall be maintained by the applicant for the life of the project.
79. Construction plans and specifications shall state that in the event that potential paleontological resources are discovered during excavation, grading, or construction activities, work shall cease within 50 feet of the find until a qualified paleontologist (who meets the Society of Vertebrate Paleontology’s (SVP, 2010) definition for qualified profession paleontologist) has evaluated the find. If a fossil is determined to be significant, the qualified paleontologist shall implement a paleontological salvage program to remove the resources from their location, following the guidelines of the SVP (2010). Any fossils encountered and recovered shall be prepared to the point of identification, catalogued, and curated at a public, non-profit institution with a research interest in the material and with retrievable storage, such as the Natural History Museum of Los Angeles County, if such an institution agrees to accept the fossils. If no institution accepts the fossil collection, they shall be donated to a local school in the area for educational purposes. Accompanying notes, maps, and photographs shall also be filed at the repository and/or school.
If any fossil remains are discovered, the paleontologist shall make a recommendation whether monitoring shall be required for the continuance of earth moving activities. Prior to commencement of grading activities, the City of Garden Grove Building and Safety Division, shall verify that all project grading and construction plans specify the requirements herein related to the unanticipated discovery of paleontological resources.
After completion of the salvage and curation of any resources, the qualified paleontologist shall prepare a report summarizing the results of the monitoring and salvage efforts, the methodology used in these efforts, as well as a description of the fossils collected and their significance. The report shall be submitted to the City Director of the City Community Development Department, or designee, and the Natural History Museum of Los Angeles County.
80. The applicant shall comply with the Migratory Bird Treaty Act (MBTA), and Sections 3503, 3503.5 and 3515 of the California Fish and Game regulations.
Prior to issuance of grading or demolition permits that include vegetation and/or tree removal activities that will occur within the active breeding season for birds (February 1 through September 15), the project applicant (or their Construction Contractor) shall retain a qualified biologist (meaning a professional biologist that is familiar with local birds and their nesting behaviors) to conduct a nesting bird survey no more than 3 days prior to commencement of construction activities.
The nesting survey shall include the project site and areas immediately adjacent to the site that could potentially be affected by project-related construction activities, such as noise, human activity, and dust, etc. If active 269
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nesting of birds is observed within 100 feet (ft) of the designated construction area prior to construction, the qualified biologist shall establish an appropriate buffer around the active nests (e.g., as much as 500 ft for raptors and 300 ft for non-raptors [subject to the recommendations of the qualified biologist]), and the buffer areas shall be avoided until the nests are no longer occupied and the juvenile birds can survive independently from the nests.
Prior to commencement of grading activities and issuance of any building permits, the City Community Development Director, or designee, shall verify that all project grading and construction plans are consistent with the requirements of the Migratory Bird Treaty Act and California Fish and Game Code Sections 3503.5, 3511, and 3515, as stated above, that pre-construction surveys have been completed (if needed) and the results reviewed by staff, and that the appropriate buffers (if needed) are noted on the plans and established in the field with orange snow fencing.
81. The project shall provide a trash enclosure that serves the entire development.
The trash bins shall be kept inside the trash room at all times, except during disposal and pick-up. The HOA shall provide sufficient trash bins and pick-up to accommodate the site pursuant to Condition No. 15.
82. Prior to issuance of grading permits, a temporary project identification sign shall be erected on the site in a secure and visible manner. The sign shall be conspicuously posted at the site and remain in place until occupancy of the project. The sign shall include the name and address of the development, and the developer’s name, address, and a 24-hour emergency telephone number.
83. Litter shall be removed daily from the project site, including adjacent public sidewalk and all perking areas under the control of the applicant. The areas shall be swept or cleaned, either mechanically or manually, on a weekly basis, to control debris.
84. There shall be no parking allowed along any drive-aisle blocking vehicular access to the garage of each unit, except within the designated parking areas.
The applicant shall post “No Parking” signs along the drive aisle.
85. At applicant’s request, applicant has been granted State Density Bonus allowances for reduced parking and the following one (1) concession and five (5) waivers from applicable development standards: (1) a concession to deviate from the open space amenity requirements (GGMC Section
9.12.040.050.J.7.d); (2) a waiver to reduce the distance separation between two buildings from ten feet (10’-0”) to seven feet and six inches (7’-6”) (GGMC Section 9.12.040.050.A.1); (3) a waiver to reduce the width of the active recreation area from thirty feet (30’-0”) to fifteen feet (15’-0”) (GGMC Section
9.12.040.050.J.7.d); (4) a waiver to allow a six-foot (6’-0”) tall block wall to be constructed within the front setback along Brookhurst Street (GGMC Section
9.12.040.140.J); (5) a waiver to reduce the landscape setback along Brookhurst Street from fifteen feet (15’-0”) to ten feet (10’-0”) (GGMC Section
9.12.040.090.Q), and (6) a waiver to allow the private open space to be located within the front setback area (GGMC Section 9.12.040.020.D). 270
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a. To comply with the provisions of Government Code Section 65915, the applicant has offered to, and shall, reserve at least three (3) dwelling units in the project, consisting of two (2) PL1 units and one (1) PL2 unit, as identified on the approved plan, for sale to moderate-income households commencing with the issuance of the certificate of occupancy for the project. The specific units to be reserved shall be subject to City approval.
b. The applicant shall comply with the requirement to sell the target units to “moderate-income” households at an affordable rate as required by the Garden Grove Municipal Code and State Law.
c. Pursuant to State law, the Garden Grove Municipal Code, and the City’s Density Bonus Agreement Guidelines, the record owner or owners of the subject property shall enter into a density bonus and/or affordable housing regulatory agreement with the City, which satisfies the criteria set forth in subdivision (c) of Government Code Section 65915 and Garden Grove Municipal Code Section 9.60.050. This agreement will require, among other things, that the initial buyer of each “moderate-income” unit enter into a regulatory agreement and other associated agreements with the City in a form prepared by the City to ensure compliance with all applicable legal requirements. In addition to a regulatory agreement, agreements buyers of the affordable units may be required to execute may include, without limitation, a promissory note, a deed of trust, an equity sharing agreement, and an option agreement.
d. The regulatory agreement and associated agreements and documents shall be prepared by the City at the applicant/owner’s expense, and the applicant and/or owner shall pay applicable fees pursuant to GGMC Section 9.60.050.G and reimburse the City for the actual fees and costs charged for the services of attorneys and/or other professional thirdparty consultants engaged by the City to provide consultation, advice, analysis, and/or review and/or preparation of documents in connection with preparation of the regulatory agreement, and, to the extent applicable, review of the initial marketing plan and management plan required as part of the regulatory agreement, determination of affordable housing costs and initial maximum sales prices, verification of initial buyer qualifications, review of annual compliance reports submitted pursuant to the regulatory agreement, and inspections and audits provided for in the regulatory agreement.
e. Prior to preparation of the regulatory agreement, applicant and/or property owner shall execute a reimbursement agreement with the City, in a form approved by the City Attorney, and provide a deposit to the City in an amount sufficient to cover the estimated professional fees and costs to be incurred by the City for preparation of the agreement, as 271
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determined by the Department Director, in his or her reasonable discretion.
f. The regulatory agreement shall be approved by the City and recorded prior to approval of the Final Map. The regulatory agreement shall remain a senior, non-subordinate covenant and as an encumbrance running with the land for the full term thereof.
g. In no event shall the regulatory agreement be made junior or subordinate to any deed of trust or other documents providing financing for the construction or operation of the project, or any other lien or encumbrance whatsoever for the entire term of the required covenants.
86. The applicant shall submit a signed letter acknowledging receipt of the decision approving Site Plan No. SP-127-2023 and Tentative Tract Map No. TT-19273 and his/her agreement with all conditions of the approval.
87. All mitigation measures that are part of the Mitigated Negative Declaration that was adopted in conjunction with approval of General Plan Amendment No. GPA-001-2023, Zoning Amendment No. A-036-2023, Site Plan No. SP-127-2023, and Tentative Tract Map No. TT-19273 shall be implemented. In addition, the project is subject to the Mitigation Monitoring and Reporting Program adopted by the City Council as part of the Mitigated Negative Declaration. In order to assist the City to verify that all required project mitigation measures and project design features are complied with in a timely manner, a project-specific mitigation-monitoring program for monitoring all applicable project-related mitigation measures shall be prepared by the developer/applicant and approved by the Planning Services Division prior to issuance of building permits. Said mitigation monitoring program shall be implemented during project construction through completion. The developer/applicant shall provide the City with a report demonstrating adherence to all mitigation measures quarterly or otherwise upon request.
88. Final Tentative Tract Map No. TT-19273 shall be approved by the City and recorded by the applicant prior to issuance of building permits for the proposed development.
89. The applicant shall, as a condition of Project approval, at its sole expense, defend, indemnify and hold harmless the City, its officers, employees, agents and consultants from any claim, action, or proceeding against the City, its officers, agents, employees and/or consultants, which action seeks to set aside, void, annul or otherwise challenge any approval by the City Council, Planning Commission, or other City decision-making body, or City staff action concerning General Plan Amendment No. GPA-001-2023, Zoning Amendment No. A-036-2023, Site Plan No. SP-127-2023, and/or Tentative Tract Map No.
TT-19273127. The applicant shall pay the City’s defense costs, including attorney fees and all other litigation related expenses, and shall reimburse the City for court costs, which the City may be required to pay as a result of such 272
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defense. The applicant shall further pay any adverse financial award, which may issue against the City including but not limited to any award of attorney fees to a party challenging such project approval. The City shall retain the right to select its counsel of choice in any action referred to herein.
90. In accordance with Garden Grove Municipal Code Sections 9.32.160 and
9.40.070.A, respectively, the rights granted pursuant to Site Plan No.
SP-127-2023 and Tentative Tract Map No. TT-19273 shall be valid for a period of two (2) years from the effective date of this approval. Unless a time extension is granted pursuant to Section 9.32.030.D.9 of the Municipal Code, the rights conferred by Site Plan No. SP-127-2023 and Tentative Tract Map No. TT-19273 shall become null and void if the subject development and construction necessary and incidental thereto is not commenced within two (2) years of the expiration of the appeal period and thereafter diligently advanced until completion of the project. In the event construction of the project is commenced but not diligently advanced until completion, the rights granted pursuant to Site Plan No. SP-127-2023 and Tentative Tract Map No. TT-19273 shall expire if the building permits for the project expire. 273
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: William E. Murray
Dept: City Manager Dept: Public Works
Date: 2/13/2024
Subject: Approval of a Cooperative Agreement with the City of Westminster for the rehabilitation of Garden Grove Boulevard, from Beach Boulevard (East city limit) to Edwards Street. (Cost: $290,128) (Action Item)
OBJECTIVE
For City Council to approve the Cooperative Agreement between the City of Westminster and the City of Garden Grove for the rehabilitation of Garden Grove Boulevard, from Beach Boulevard (East City Limit) to Edwards Street and to authorize the City Manager to execute the agreement.
BACKGROUND
The City of Westminster prepared a street rehabilitation project for Garden Grove Boulevard, from Beach Boulevard (East City Limit) to Edwards Street, including improving the City of Garden Grove’s portion. Approximately one-tenth of the work lies within the City of Garden Grove.
This proposed Agreement is for construction costs of Garden Grove's portion of the project. The City of Westminster is serving as lead agency.
DISCUSSION
Staff has reviewed the plans, specifications, and construction estimate of the project and verified the work located within Garden Grove's portion. The project cost for City of Garden Grove’s portion of Westminster Avenue is estimated at $290,128, and includes a ten percent contingency.
FINANCIAL IMPACT
There will be no financial impact to the General Fund. This improvement is included in the FY 2023-24 Capital Improvement Budget and is funded by Gas Tax (SB1). 274
RECOMMENDATION
It is recommended that the City Council:
Approve the Cooperative Agreement, in the amount of $290,128 including a ten percent contingency, with the City of Westminster for the rehabilitation of Garden Grove Boulevard from Beach Boulevard (East city limit) to Edwards Street; and
Authorize the City Manager to execute the Agreement, and make minor modifications as appropriate thereto on behalf of the City.
By: Nick Hsieh, P.E.
Associate Engineer
ATTACHMENT(S):
1. COOP AGREEMENT
2. LOCATION MAP
3. AGENCY INSURANCE
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AGREEMENT
THIS AGREEMENT ("Agreement"), dated this _____ day of _________________, 2024, is made and entered into by and between the City of Westminster, a municipal corporation, hereinafter referred to as “WESTMINSTER” and the City of Garden Grove, a municipal corporation, hereinafter referred to as “GARDEN GROVE”.
WITNESSETH:
WHEREAS, WESTMINSTER is contemplating the rehabilitation of the pavement surface of that portion of Garden Grove Boulevard from Edwards Street to Beach Boulevard, located in the City of Westminster, (hereinafter the “WESTMINSTER PORTION”); and,
WHEREAS, there is a portion of Garden Grove Boulevard located within the boundaries of GARDEN GROVE (hereinafter “GG PORTION”); and, WHEREAS, GARDEN GROVE desires to have WESTMINSTER rehabilitate the GG PORTION of Garden Grove Boulevard in conjunction with the WESTMINSTER PORTION, collectively the “PROJECT”, and WESTMINSTER is willing to do so. The exact location of the GG PORTION is described in detail in the document attached hereto as Exhibit A “Location Map”, incorporated herein by this reference. The estimated cost of the GG PORTION, including a ten percent (10%) contingency, is Two Hundred and Ninety Thousand One Hundred and Twenty-Eight Dollars ($290,128) (the "Estimated Cost").
NOW, THEREFORE, in consideration of the following promises, covenants, and conditions, the parties hereto do agree as follows:
1. DUTIES OF WESTMINSTER
a. Upon commencement of the PROJECT, WESTMINSTER shall include the GG PORTION as a part of WESTMINSTER’s public works project, prepare the request for bids, hire the lowest responsible bidder (the “Successful Contractor”), and oversee and administer the PROJECT in the GG PORTION in the same manner and to the same extent as the WESTMINSTER PORTION, all in accordance with all applicable laws governing construction of public works by WESTMINSTER, including, but not limited to, the California Environmental Quality Act and laws governing public bidding and the payment of prevailing wages. If WESTMINSTER, in its sole discretion, determines not to proceed with the PROJECT at any time prior to commencement of actual work, this Agreement shall terminate with no 276
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further action required by either party. In the event the projected actual cost of the GG PORTION, as reflected in the Successful Contractor's bid, exceeds the Estimated Cost by twenty percent (20%), WESTMINSTER shall not award a contract to the Successful Bidder for the GG PORTION without prior written approval of GARDEN GROVE.
b. At least thirty (30) calendar days prior to release of the Notice Inviting Bids for the PROJECT, WESTMINSTER’s City Engineer shall provide GARDEN GROVE’s City Engineer a copy of the PROJECT’s plans and specifications for his approval, which approval shall not be unreasonably withheld. If GARDEN GROVE’s City Engineer objects to the plans and specifications, and if his objections cannot be satisfied through discussions with WESTMINSTER’s City Engineer, the GG PORTION shall not be included in the PROJECT and WESTMINSTER shall proceed with the WESTMINSTER PORTION only.
c. WESTMINSTER agrees that it shall not permit nor cause any hazardous materials to be brought upon, kept, used, stored, generated or disposed of in, or, or about the GG PORTION. “Hazardous Materials” shall mean any material that, because of its quantity, concentration, or physical or chemical characteristics, or any combination thereof, is deemed by a federal, state, or local governmental authority to pose a present or potential hazard to human health or safety or to the environment.
d. WESTMINSTER shall ensure that its contract with the Successful Contractor requires the Successful Contractor provide insurance acceptable to GARDEN GROVE as shown in Exhibit “B: Insurance Requirements,” to name GARDEN GROVE as an additional insured, and to indemnify, defend, and hold harmless GARDEN GROVE in the same manner and to the same extent as WESTMINSTER. WESTMINSTER shall not permit construction of any portion of the PROJECT to commence until evidence of the required insurance and additional insured endorsements have been provided to and approved by GARDEN GROVE.
2. GARDEN GROVE’S DUTIES
a. GARDEN GROVE shall pay WESTMINSTER for the actual cost of the work on the GG PORTION based upon unit prices bid of the Successful Contractor and quantities actually used on the GG PORTION. GARDEN GROVE shall pay WESTMINSTER the total amount due for the GG PORTION upon official final approval of the work by GARDEN GROVE provided that such final approval shall not be unreasonably withheld. 277
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b. GARDEN GROVE agrees that any permits required by the Successful Contractor for the work to be performed on the GG PORTION shall be issued to the Successful Contractor at no cost to WESTMINSTER or the Successful Contractor.
c. GARDEN GROVE shall provide its own inspection services for the GG PORTION of the work.
d. GARDEN GROVE agrees to fully cooperate with WESTMINSTER and the Successful Contractor in the prosecution of the work, traffic control, and any other matters required for completion of the PROJECT in the GG PORTION. e. GARDEN GROVE acknowledges that WESTMINSTER is not the contractor for the PROJECT and that WESTMINSTER does not warrant any work performed by the Successful Contractor. Notwithstanding the above, WESTMINSTER shall require the Successful Contractor to provide GARDEN GROVE with any and all warranties, insurance coverage, and indemnities and any other rights the Successful Contractor agrees to provide to WESTMINSTER under the construction contract and as provided by law. f. In addition to the above, GARDEN GROVE also agrees to pay WESTMINSTER for all costs associated with any change orders pertaining to the GG PORTION, provided the change orders have been previously approved in writing by GARDEN GROVE’s City Engineer.
3. ENTIRE AGREEMENT
This writing constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all oral or written representations or written agreements that may have been entered into between the parties. No modifications or revisions shall be of any force or effect, unless the same is in writing and executed by the parties hereto.
4. ORDER OF PRECEDENCE
In the event of an inconsistency in this Agreement and any of the attached Exhibit, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. 278
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5. ASSIGNMENT
Neither GARDEN GROVE nor WESTMINSTER may assign or transfer its rights or obligations under this Agreement, or any part thereof, without the written consent of the other party.
6. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California. If any portion of this Agreement is held invalid under any applicable statute or rule of law, then such portion only shall be deemed invalid. Venue shall exclusively be in a court of competent jurisdiction in the County of Orange, California.
7. NO WAIVER
No waiver or failure to exercise any right, option, or privilege under the terms of this Agreement on any occasion shall be construed to be a waiver of any other right, option, or privilege on any other occasion.
8. NO THIRD PARTY RIGHTS
The parties do not intend to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein.
9. NOTICES
Notices and communication concerning this Agreement shall be sent to the following addresses:
WESTMINSTER GARDEN GROVE
City of Westminster City of Garden Grove
Attention: Jake Ngo, P.E. Attention: Dan Candelaria, P.E., T.E.
Public Works Director/City Engineer City Engineer
8200 Westminster Blvd. 11222 Acacia Parkway
Westminster, CA 92683 Garden Grove, CA 92842
Either party may, by notice to the other party, change the address specified above.
Any notices, documents, correspondence or other communications concerning this Agreement may be provided by personal delivery, facsimile or mail and shall be addressed as set forth above. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) five (5) calendar days after 279
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deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
10. EFFECTIVE DATE
The effective date of this Agreement shall be the latest date of execution hereinafter set forth opposite the names of the signatures hereto.
11. INDEMNITY
WESTMINSTER and GARDEN GROVE each hereby agrees to indemnify, defend, protect and hold harmless the other party, and its elected and appointed officials, officers, employees, representatives, volunteers, and agents from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, workers’ compensation benefits, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses of any kind or nature, arising from the activities of the indemnitor or its officers, agents, or employees on the PROJECT, or any breach of contract, negligent acts, omissions or breach of law, or willful misconduct of the indemnitor, or its officers, agents, or employees arising out of the performance of, or failure to perform, any provisions of this Agreement. Neither party assumes liability for the acts or omissions of persons other than each party’s respective officers, agents, or employees. In the event judgment is entered against both parties because of joint or concurrent negligence of both parties, or their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. The respective obligations of the parties pursuant to this Section shall survive expiration or earlier termination of this Agreement.
12. COOPERATION
In the event any claim or action is brought against WESTMINSTER relating to the performance rendered under this Agreement, GARDEN GROVE shall render any reasonable assistance and cooperation which WESTMINSTER might require.
13. COSTS
Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
14. HEADINGS
Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
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15. CONSTRUCTION.
The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
16. SEVERABILITY
If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
17. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument.
18. CORPORATE AUTHORITY
The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. [Signatures on the following page.]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth.
CITY OF WESTMINSTER, ATTEST:
A municipal corporation
By: ___________________________ _____________________________ Christine Cordon, City Manager Ashton Arocho, Westminster City Clerk APPROVED AS TO FORM: DATE OF EXECUTION:
__________________________________ _____________________________ Christian Bettenhausen, Westminster City Attorney
CITY OF GARDEN GROVE, ATTEST:
A municipal corporation
By: ___________________________ _____________________________ Lisa Kim, City Manager Teresa Pomeroy, Garden Grove City Clerk APPROVED AS TO FORM: DATE OF EXECUTION:
______________________________ _____________________________ Omar Sandoval, Garden Grove City Attorney
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EXHIBIT “B”
CITY OF WESTMINSTER
CITY OF GARDEN GROVE
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract and thereafter (unless specified below) all insurance that would be kept by a reasonable contractor under similar circumstances against all claims that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, volunteers, employees, or subcontractors (the ”WORK”). The cost of such insurance shall be borne by the Contractor and/or included in the Contractor's proposal.
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Insurance Services Office (“ISO”) Form #CG 00 01 11 88 Commercial General Liability coverage.
2. ISO Form # CA 00 01 01 87 Business Auto liability coverage, symbol 1 "any auto”.
3. Workers' Compensation insurance as required by the State of California and Employers Liability insurance.
B. MINIMUM LIMITS OF INSURANCE
Contractor shall maintain limits no less than:
1. General Liability: $3,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, with a $2,000,000 general aggregate limit. The general aggregate limit shall apply separately to this project/location. This insurance shall be maintained during the term of this contract and for at least ten consecutive years following the completion of the WORK.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage, with a $2,000,000 general aggregate limit. Such insurance shall include coverage for all owned, hired and non-owned automobiles. This insurance shall be maintained during the term of this contract and for at least three consecutive years following the completion of the WORK. This insurance shall be endorsed to be applicable solely to claims based upon, arising out of or related to the WORK.
3. Workers' Compensation and Employers Liability: Workers' compensation insurance in compliance with all applicable state and federal law, including the Labor Code of the State of California, with limits not less than the amount prescribed by law, and Employer’s Liability Insurance with limits of not less than $1,000,000 per occurrence.
C. DEDUCTIBLES AND SELF-INSURED RETENTION
Any deductibles or self-insured retentions applicable to insurance policies required herein must be declared to and approved by City of Westminster and City of Garden Grove prior to Contractor obtaining such insurance policy. In no event shall any insurance policy required in this contract have a deductible, self-insured retention or other similar provision (including any “fronting” component) in excess of $50,000 without prior written approval of the City of Westminster and City of Garden Grove in their sole discretion. At the option of City of Westminster and City of Garden Grove, either, the insurer shall reduce or eliminate such deductibles or self-insured retention as respects City of Westminster, City of Garden Grove, their officers, elected or appointed officials, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of any losses, damages, expenses, costs or settlements up to the amount of such deductibles or self-insured retentions.
D. OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability, Automobile Liability and Umbrella/Excess Liability Coverages a. The City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, employees, agents, and volunteers are to be covered as an additional insured as respects defense and indemnity against claims seeking recovery for: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall not extend to any indemnity coverage for the sole active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Civil Code § 2782(b), and shall contain no special limitations on the scope of protection afforded to the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, employees, agents, or volunteers. b. The Contractor's insurance coverage shall be primary insurance as respects the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees, and volunteers. Any insurance or self-insurance maintained by the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
c. Except with respect to the limits of the insurers’ liability, the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought and shall provide that an act or omission of one of the insureds shall not reduce or void coverage to the other insureds. The Contractor’s insurance shall not 284
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exclude coverage for suits or claims brought by or on behalf of one insured against any other insured. d. If a contract is executed between the City of Westminster and the Contractor, the policies shall be endorsed to include contractual liability.
2. Workers' Compensation and Employers' Liability Coverage The insurer shall agree to waive all rights of subrogation against the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees, and volunteers for losses arising from work performed by the Contractor for the City of Westminster.
3. All Coverages
a. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) day's prior written notice by certified mail, return receipt requested, has been given to the City of Westminster and the City of Garden Grove. b. Each insurance policy shall provide that the insurer waives any and all rights of subrogation against the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees, and volunteers.
c. If CONTRACTOR maintains higher limits than the minimums shown above, the City of Westminster and the City of Garden Grove shall be entitled to coverage for the higher limits maintained by the CONTRACTOR.
Furthermore, CONTRACTOR shall not reduce such higher insurance limits to the minimum required herein.
E. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers authorized to do business by the Insurance Commissioner in the State of California, with a rating by A.M. Best's of no less than A, Class VII. All insurers shall be licensed by or holding admitted status in the State of California.
F. VERIFICATION OF COVERAGE
Contractor shall furnish the City of Westminster and the City of Garden Grove with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the City of Westminster. Where by statute, the City of Westminster's workers' compensation-related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the City of Westminster and the City of Garden Grove before WORK commences, and shall evidence that all premiums have been paid for the entire forthcoming policy period. The City of Westminster reserves the right to require complete, certified copies of all required insurance policies, at any time. The delivery to the City of Westminster of any certificates of insurance or endorsements hereunder which do not comply with the requirements set forth in this contract shall not waive the City of Westminster’s right to require such compliance.
G. FAILURE TO MAINTAIN INSURANCE
If Contractor fails to obtain and maintain the insurance required hereunder, the City of Westminster shall have the right, but not the obligation, to obtain the same or similar insurance in the name and account of Contractor in which event the Contractor shall pay the cost thereof and furnish upon demand all information that may be requested by the City of Westminster to permit the City of Westminster to obtain all such required coverage on behalf of the Contractor. The City of Westminster shall have the right to offset (without recourse by the Contractor) against any amounts owing to the Contractor, amounts the City of Westminster reasonably incurs in obtaining insurance required of Contractor herein.
H. NO LIMITATION ON INDEMNITY
The procuring of the insurance required in this contract or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City of Westminster, the City of Garden Grove, or any of their officers, elected or appointed officials, agents, volunteers or employees.
I. NO REPRESENTATION
Neither the City of Westminster, The City of Garden Grove, nor any of their officers, elected or appointed officials, agents, volunteers or employees make any representation that the types of insurance and the limits specified to be carried by Contractor under this contract are adequate to protect Contractor. If Contractor believes that any such insurance coverage is insufficient, Contractor shall provide, at its own expense, such additional insurance as Contractor deems adequate.
J. SUBCONTRACTORS
All subcontractors shall comply with all of the requirements stated in this contract. Contractor shall furnish the City of Westminster and the City of Garden Grove with separate certificates and endorsements for each subcontractor. 285
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GENERAL LIABILITY ENDORSEMENT
CITY OF WESTMINSTER ("The City") - ATTN: Public Works Department 8200 Westminster Boulevard, Westminster, CA 92683
CITY OF GARDEN GROVE – ATTN Risk Management Department
11222 Acacia Parkway, Garden Grove, CA 92842
A. POLICY INFORMATION Endorsement #_______________ Effective Date: ___________________
1. Insurance Company ___________________________________ Policy No._________________________________
2. Policy Term (From) ___________________________________ (To) ______________________________________
3. Name of Insured ________________________________________________________________________________
4. Address of Named Insured ________________________________________________________________________
5. Limit of Liability Any One Occurrence/Aggregate $_____________/__________________________________ General Liability Aggregate (Please Initial): Applies "per location/project": ______________
6. Deductible or self-insured retention (Nil unless otherwise specified:) $_________________________________
7. Coverage is equivalent to:
Commercial General Liability - Form CG 00 01 11 88 ______________________________________ _______________________________________
8. Bodily Injury and Property Damage Coverage is: ________ "claims-made" _________ "occurrence" If claims-made, the retroactive date is ___________________________________________________________ NOTE: The agency's standard insurance requirements specify "occurrence" coverage. "Claims-made" coverage requires special approval. If commercial general liability form or equivalent is used, the general aggregate must apply separately to this location/project.
B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached hereto, it is agreed as follows:
1. INSURED. The City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees, and volunteers are included as an additional insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, and (c) premises owned, leased, or used by the Named Insured.
2. CONTRIBUTION NOT REQUIRED. The insurance afforded by this policy shall be primary insurance as respects the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees, and volunteers. Any insurance or self-insurance maintained by the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, employees, or volunteers shall be excess of the contractor's insurance and shall not contribute with it.
3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
(a) Insurance Services Office Commercial General Liability Coverage, "occurrence" Form CG 00 01 11; or (b) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding section (a).
4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company's limit of liability. An act or omission of one of the insureds shall not reduce or void coverage to the other insureds.
5. NO EXCLUSION FOR CROSS-LIABILITY. The insurance afforded by this policy shall not exclude coverage for suits or claims brought by or on behalf of one insured against any other insured.
6. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees, or volunteers, including for any claim for which a failure to comply with the policy’s reporting provisions is alleged.
7. CONTRACTUAL LIABILITY. The insurance afforded by this policy shall extend coverage to claims for contractual liability, if a contract is to be executed.
8. WAIVER OF SUBROGATION. The Insurance Company agrees to waive all rights of subrogation against the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees and volunteers for losses paid under the terms of this policy which arise from work performed by or on behalf of the Named Insured for the City.
9. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) day's prior written notice by certified mail return receipt requested has been given to the City of Westminster and the City of Garden Grove. Such notice shall be addressed as shown in the heading of this endorsement.
C. INCIDENT AND CLAIM REPORTING PROCEDURE - Incidents and claims are to be reported to the insurer at:
ATTN: __________________________________________________________________________________ 286
INS-4
(Title) (Department)
Company: _____________________________________________________________________________ Street Address: ________________________________________________________________________ City, State, Zip: ________________________________________________________________________ Telephone Number: (______)______________________________________________________________ D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, __________________________________________________(print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company. _____________________________________________________________________________________________ SIGNATURE OF AUTHORIZED REPRESENTATIVE (Original Signature Required on Endorsement Furnished to the City) ORGANIZATION:_______________________________________ TITLE:__________________________________ ADDRESS:____________________________________________ TEL. # (____) ____________________________
AUTOMOBILE LIABILITY ENDORSEMENT
City of Westminster ("The City") - ATTN: Public Works Department 8200 Westminster Blvd., Westminster, CA 92683
CITY OF GARDEN GROVE – ATTN Risk Management Department
11222 Acacia Parkway, Garden Grove CA 92842
A. POLICY INFORMATION Endorsement #_______________ Effective Date: ______________
1. Insurance Company _________________________ Policy No.______________________
2. Policy Term (From) ________________________ (To) ___________________________
3. Name of Insured __________________________________________________________
4. Address of Named Insured _________________________________________________
5. Limit of Liability Any One Occurrence/Aggregate $_____________/_________________
6. Deductible or self-insured retention (Nil unless otherwise specified:) $___________________ B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached hereto, it is agreed as follows:
1. INSURED. The City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees, and volunteers are included as an additional insured with regard to damages and defense of claims arising from:
the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured. Coverage shall not extend to any indemnify coverage for the sole active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Civil Code § 2782(b).
2. CONTRIBUTION NOT REQUIRED. The insurance afforded by this policy shall be primary insurance as respects the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees, and volunteers. Any insurance or self-insurance maintained by the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees, or volunteers shall be excess of the contractor's insurance and shall not contribute with it.
3. SCOPE OF COVERAGE. This policy affords coverage to the Named Insured at least as broad as Insurance Services Office Business Auto Coverage, Form CA 00 01 01 87.
4. NO EXCLUSION FOR CROSS-LIABILITY. The insurance afforded by this policy shall not exclude coverage for suits or claims brought by or on behalf of one insured against any other insured.
5. SEVERABILITY OF INTEREST.The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company’s limit of liability.
An act or omission of one of the insureds shall not reduce or void coverage to the other insureds.
6. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees, or volunteers, including for any claim for which a failure to comply with the policy’s reporting provisions is alleged.
7. CONTRACTUAL LIABILITY. The insurance afforded by this policy shall extend coverage to claims for contractual liability, if a contract is to be executed.
8. WAIVER OF SUBROGATION. The Insurance Company agrees to waive all rights of subrogation against the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees and volunteers for losses paid under the terms of this policy which arise from work performed by or on behalf of the Named Insured for the City.
9. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) day's prior written notice by certified mail return receipt requested has been given to the City of Westminster and the City of Garden Grove. Such notice shall be addressed as shown in the heading of this endorsement.
287
INS-5
C. INCIDENT AND CLAIM REPORTING PROCEDURE - Incidents and claims are to be reported to the insurer at:
ATT: _________________________________(Title)____________________________(Department______________ Company: _________________________________________Telephone # (_________)_______________________ Street Address: ______________________________________City, State, Zip______________________________ D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, ___________________________________ (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company. __________________________________________________________ SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required on endorsement furnished to the City) ORGANIZATION: ________________________________________________ TITLE: _______________________________ ADDRESS: ______________________________________________________ TEL. #:_______________________________
WORKERS' COMPENSATION/EMPLOYERS LIABILITY ENDORSEMENT
CITY OF WESTMINSTER ("The City") - ATT: Public Works Department 8200 Westminster Boulevard,
Westminster, CA 92683
CITY OF GARDEN GROVE – ATTN Risk Management Department
11222 Acacia Parkway, Garden Grove, CA 92842
A. POLICY INFORMATION Endorsement #_____________ Effective Date: _______________
1. Insurance Company ______________________ Policy No._______________________________
2. Policy Term (From) ________________________ (To) _________________________________
3. Name of Insured ________________________________________________________________
4. Address of Named Insured ________________________________________________________
5. Employer's Liability Limit (Coverage B) _____________________________________________ B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached hereto, it is agreed as follows:
1. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) day's prior written notice by certified mail return receipt requested has been given to the City of Westminster and the City of Garden Grove. Such notice shall be addressed as shown in the heading of this endorsement.
2. Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City of Westminster, the City of Garden Grove, their officers, elected or appointed officials, agents, employees and volunteers for losses paid under the terms of this policy which arise from work performed by or on behalf of the Named Insured for the City.
C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, ____________________________________ (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company. _________________________________________________
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(original signature required on endorsement furnished to the City) ORGANIZATION: ___________________________________ TITLE: __________________________ ADDRESS: ________________________________________ CITY, STATE, ZIP _________________ TEL. # (_________)_______________________
288
INS-6
Only this Certificate of Insurance form will be accepted CERTIFICATE OF INSURANCE TO CITY OF WESTMINSTER ("The City") Return Completed Certificate to: INSURED:________________________________________________ CITY OF WESTMINSTER ADDRESS:________________________________________________ 8200 Westminster Blvd. ___________________________________________________ Westminster, CA 92683
Attn: Public Works Dept.
Coverages: 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 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 terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims.
Description of operations/locations/products insured (show contract name and/or number, if any:
______________________________________________________________________________ POLICIES & INSURERS LIMITS POLICY # EXPIRATION DATE
Workers' Compensation
Name of Insurer
_______________________ A.M. Best's Rating ___________
Employers Liability $___________________
Commercial General Liability
Name of Insurer _________________________
A.M. Best's Rating___________________
Claims-Made _______ or Occurrence ______
Commercial General Liability
General Aggregate Limit:
per project/location $_________
Pollution Coverage Limit:
Per project/location $ ________
Products-Completed Operations Aggregate Limit
$______________
Each Occurrence $_____________
Business Auto Policy
Liability Coverage Symbol ___________
Name of Insurer
________________________________
A.M. Best's Rating
______________________________
Each Person $__________________
Each Accident $________________
Each Accident, Property Damage
$________________ or
Combined Single Limit $_________
Umbrella Liability
Name of Insurer_________________________
A.M. Best's Rating ______
Claims Made ____ or Occurrence ___
Occurrence/Aggregate
$_______________________
Self-Insured Retention
$_______________________
NOTE: If commercial general liability insurance issued or if aggregate limits are endorsed to the comprehensive general liability policy form, the general aggregate must apply per location/project.
The following coverage or conditions are in effect: Yes No The City, its elected or appointed officials, officers, agents, employees, and volunteers are named on all liability policies described above as insured as respects: (a) activities performed for the City by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, and (c) premises, owned, leased or used by the Named Insured.
Products and Completed Operations
The undersigned will mail to the City 30 days' written notice of cancellation or reduction of coverage or limits.
Cross Liability Clause (or equivalent wording)
Personal Injury, Perils A, B, and C
Broad Form Property Damage
X, C, U Hazards included
Contractual Liability Coverage applying to this contract Liquor Liability
Coverage afforded the City, its elected or appointed officials, officers, employees, and volunteers as Insured applies as primary and not excess or contributing to any insurance issued in the name of the City.
Waiver of subrogation from General/Auto and Workers' Compensation insurers.
This certificate is issued as a matter of information. This certificate is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.
Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance 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. ____________________________________ __________________________________ Agency or Brokerage Insurance Company
Address of Home Office:_______________________________ __________________________________ Name of Person & Title to Contact: _________________________________________________________ Authorized Signature:______________________ Date:_____________Telephone Number:_______________ NOTE: Authorized signatures may be the agent's if agent has placed insurance through an agency agreement with the insurer. If insurance is brokered, authorized signature must be that of official insurer.
289
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Ursula Luna-Reynosa
Dept: City Manager Dept: Economic Development and
Housing
Date: 2/13/2024
Subject: Adoption of a Resolution approving participation of the Clean California Local Grant Program, authorize appropriation of funds for a local match for the program, and approval of the Caltrans Restricted Grant Agreement. (Grant Amount: $441,000) (Action Item).
OBJECTIVE
To adopt the Clean California Local Grant Program (CCLGP) Resolution, approve the California Department of Transportation (Caltrans) Restricted Grant Agreement (RGA), and authorize the appropriation of grant funds awarded in FY 2023-24.
BACKGROUND
In January 2022, the Community and Economic Development Department and Community Services Department applied for the CCLGP grant program (Cycle 1) to provide funding to promote beautification in public spaces. The grant program made available $296 million to local agencies in California to support eligible projects. Staff submitted a request for $2.3 million, however, the City was not selected for award at that time.
In February 2023, additional funding became available under CCLGP (Cycle 2). Staff resubmitted an amended application requesting $500,000 in grant funds with the commitment to improve parks and pathways with the ultimate goal to reduce litter, improve public health, and to benefit underserved communities. The total amount awarded to the City of Garden Grove was $441,000 and a required project completion date by June 2026.
DISCUSSION
The awarded funds will focus on demonstrating a direct benefit to the underserved community surrounding the project. The Medal of Honor Bike and Pedestrian Trail 290
has been identified as the project site that meets this criteria. This project will be administered by the Economic Development and Housing Department with support from the Community Services Department and Public Works/Sewer Division. The proposed amenities and enhancements reflect the public requests for the Medal of Honor Bike and Pedestrian Trail including: trash receptacles, liter abatement signage, trail furniture, bike racks, landscaping/mulch, outdoor fitness equipment, and public engagement in the project that reflects community priorities.
Pursuant to the statute, the intent is to achieve the following:
1. Reduce waste and debris within public rights-of-way;
2. Install measures to improve park spaces and mitigate the urban heat island effect, water run-off;
3. Enhance public health by improving areas for walking and recreation; and,
4. Advance equity to disadvantaged communities surrounding the project.
In addition, a detailed maintenance plan was included in the scope of work to ensure preservation of the amenities in the future.
FINANCIAL IMPACT
Total cost of the Project is $716,000. CCLGP requires a local match as a percentage determined by the “severity of disadvantage” (SOD) of the community surrounding the project; defined as all census tracts within a half mile radius of the project site. The City’s committed contribution is calculated at 37.5%.
The budget summary is as follows:
Fund Title Amount
Grant Funds $ 441,000.00
Local Match Requirement $ 122,789.00
In-Kind Labor Contribution $ 127,211.00
In-Kind Contractual Contribution $ 25,000.00
Total $716,000.00
The local cash match contribution is $122,789. Funding for the match is anticipated to be a combination of General Fund, and other governmental funds available including: AQMD, Park Fees, and Water/Sewer funds, to minimize the impact to the General Fund.
291
RECOMMENDATION
It is recommended that the City Council:
Adopt a Resolution authorizing participation in the Clean California Local Grant Program (CCLGP);
Approve appropriation of grant funds in the amount of $441,000, and required matching funds in the amount of $122,789 (GL: 242-715-1280, JL:
GT1408000);
Authorize the City Manager, or designees, to execute vendor agreements and amendments for the purpose of this Project; and
Authorize the City Manager, or designees, to execute the Restricted Grant Agreement, Amendments, and make minor modifications as appropriate thereto, on behalf of the City.
By: Alana R. Cheng, Administrative Officer
ATTACHMENT(S):
1. Resolution
2. Restricted Grant Agreement
3. Award Letter and Program Summary
4. Program Information
292
GARDEN GROVE CITY COUNCIL
RESOLUTION NO. XXXX-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE TO ACCEPT CLEAN CALIFORNIA LOCAL GRANT FUNDS IN THE AMOUNT OF $441,000 AND AUTHORIZE AGREEMENTS TO IMPLEMENT THE CLEAN CALIFORNIA PROGRAM.
WHEREAS, the City of Garden Grove desires to undertake a certain project designated as the Clean California Local Grant Program (Program); WHEREAS, the City of Garden Grove is eligible to receive funds made available through the California Department of Transportation (Caltrans) administered by the California State Transportation Agency (CalSTA); WHEREAS, the City needs to execute a Restricted Grant Agreement with Caltrans before such funds can be claimed through the Program; WHEREAS, the City will administer the Program through the Administration Division;
WHEREAS, the City desires to be reimbursed from the eligible funds for operational and administrative tasks;
WHEREAS, it is necessary to execute Agreements and authorization to enter into extensions if approved by Caltrans;
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF GARDEN GROVE:
1. Does hereby authorize the City Manager of the City of Garden Grove, or his designee, to approve and execute all Agreements implementing the Program, including the Restricted Grant Agreement (RGA) with Caltrans in the amount of $716,000, and to execute and submit all other necessary grant documents, including but not limited to applications, agreements, modifications, payment requests, and amendments for the purpose of increasing funding that may be necessary for the completion of the 2023-24 Program and implementation of the same in subsequent fiscal years.
2. Grant funds received under the Program shall not be used to supplant ongoing law enforcement expenditures.
Adopted this __ day of February __ 2024.
293
City of Garden Grove
Agreement Number: CCL-5328-091
AMS ADV ID: 1224000043
Clean California Local Grant Program (State)
Restricted Grant Agreement
This Restricted Grant Agreement (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and the CITY OF GARDEN GROVE, hereinafter referred to as AGENCY, will commence on September 15, 2023, or upon approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS. AGENCY shall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CALTRANS. This RGA shall expire on December 31, 2026.
Recitals
1. Under this RGA, CALTRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, who will implement the project pursuant to the attached Approved Grant Application and Amendment(s) to Grant Application, Attachment III under the terms, covenants, and conditions of this RGA.
2. CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non-grant agreement shall be subject to this RGA.
Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows:
Section I
AGENCY Agrees:
To timely and satisfactorily complete all Project work described in Attachment III (“Project Work”) within the project budget and in accordance with the items of this RGA.
Section ll
CALTRANS Agrees:
That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations.
Section lII
It Is Mutually Agreed:
1. Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, and AGENCY will use the funds to only conduct the scope of work identified in this agreement and authorized by Streets and Highway Code section 91.41. The funds subject to this RGA must be identified as available to a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program in CALTRANS’ budget, and AGENCY represents and warrants that it is a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program.
294
City of Garden Grove
Agreement Number: CCL-5328-091
AMS ADV ID: 1224000043
2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant Application (Attachment III), and the Grant Program Guidelines (Attachment I), and the funds may only be used for costs and expenses that are directly related to such purpose.
3. AGENCY shall perform all the duties and obligations described in the Medal of Honor Trail:
Community Health Enhancements project, hereinafter “Project”, subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment III), which are attached hereto as Attachment III.
4. The resolution authorizing AGENCY to execute this RGA pertaining to the above-described Project is attached hereto as Attachment IV.
5. AGENCY agrees that it is not requesting an advance payment, and that it may not hereafter request an advance payment.
6. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in accordance with California Streets and Highways Code §91.41 including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the Grant Program Guidelines (Attachment I).
California Government Code Section 14460(a)(1) provides: “The department [CALTRANS], and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department.”
295
City of Garden Grove
Agreement Number: CCL-5328-091
AMS ADV ID: 1224000043
7. Project funding is as follows:
Fund Title* Fund Source Dollar Amount
Clean California Local Grant
Funds
State General Fund (0001)
Budget Item 2660-130-0001
State Program Code 20.30.010.900
FY 2023/24 $441,000.00
Cash Local Match Agency Provided $122,789.00
Value of Third-Party In-Kind
Contributions
Agency Provided $127,211.00
Total of Local Funds Agency Provided $0.00
Total of other fund sources
(not in-kind contributions)
Agency Provided $25,000.00
Total Participating Costs $691,000.00
Total Non-Participating Costs $25,000
Total Project Costs $716,000.00
Notes: *Means the amounts in this column only include participating costs.
No in-kind contributions may be made unless the amount and type of the contribution is identified above.
For Caltrans Use Only
I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance. $441,000.00
Accounting Officer Printed
Name
Accounting Officer
Signature
Date Amount Certified
8. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General: 58 Ops. Cal. Atty. Gen. 586 (1975), 63 Ops.
Cal. Atty. Gen. 290 (1980), 74 Ops. Cal. Atty. Gen. 10 (1991), and 88 Ops. Cal. Atty. Gen. 56.
9. Notification of Parties
a. AGENCY’s Project Manager for Project is Alana Cheng, (714) 741-5998. b. CALTRANS’ District Grant Manager is Nicholas Le, (424) 430-5514. “District Grant Manager” as used herein includes his/her designee.
c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses:
Jessica Chang 11/21/2023
296
City of Garden Grove
Agreement Number: CCL-5328-091
AMS ADV ID: 1224000043
City of Garden Grove
Attention: Alana Cheng, Administrative Officer
Phone Number: (714)741-5998
Email: [email protected]
11222 Acacia Pkwy
Garden Grove, CA 92840
California Department of Transportation
District 12/Division of Planning and Local Assistance
Attention: Nicholas Le, Clean California Local Grant Program District Manager
Phone Number: (805)732-9783
Email: [email protected]
1750 East 4th Street, Suite 100
Santa Ana, California 92705
10. Period of Performance
a. Reimbursable work under this RGA shall begin no earlier than on September 15, 2023, following the written approval of CALTRANS and AGENCY’s receipt of the Notice to Proceed letter of this RGA by CALTRANS. All reimbursable work shall terminate no later than June 30, 2026. Project closeout and final invoicing to CALTRANS must be submitted no later than November 1, 2026. Work incurred after June 30, 2026 will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CALTRANS after November 1, 2026.
Notwithstanding the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through November 1, 2026 (which, in total, shall not exceed 5% of the grant award). b. If requested by the CALTRANS District Grant Manager, AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS.
11. Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of the parties.
12. Cost Limitation
a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $441,000.00.
b. It is agreed and understood that the CCLGP funds are limited to the amount granted.
CALTRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CALTRANS District Grant Manager at or below that fund limitation established herein.
13. Termination
a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with Project Work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination.
AGENCY shall return any unused advance amounts which cannot be supported by eligible expenditure documentation.
297
City of Garden Grove
Agreement Number: CCL-5328-091
AMS ADV ID: 1224000043
b. This RGA may be terminated by either party for any reason by giving written notice to the other party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly allowable, pre-authorized in writing, and non-cancellable, up to the date of termination. c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for Project costs in accordance with the terms of this RGA.
Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. Costs that are reimbursed and later determined to be ineligible for reimbursement shall be returned by AGENCY to CALTRANS.
14. Budget Contingency Clause
a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect.
In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA.
b. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS, or offer an RGA Amendment to AGENCY to reflect reduced amount.
15. Payment and Invoicing
a. AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices.
b. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Approved Grant Application and Amendment(s) to Grant Application (Attachment III). CALTRANS will reimburse AGENCY for expended actual allowable direct costs, and including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment II and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III–Cost Principles, Item 16d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III–Cost Limitations, Item 11a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment III without an amendment to this RGA, as agreed between CALTRANS and AGENCY. c. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. 298
City of Garden Grove
Agreement Number: CCL-5328-091
AMS ADV ID: 1224000043
d. The AGENCY indirect cost rate must be approved in writing by the California Department of Transportation Independent Office of Audits and Investigations or federal cognizant agency before any reimbursement payment is made by CALTRANS to AGENCY for such cost. e. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketguide.dot.ca.gov/.
Also see website for summary of travel reimbursement rules. f. AGENCY shall submit invoices to CALTRANS at least every six months, but no more frequently than monthly, in arrears upon completion of project tasks, milestone and/or deliverables in accordance with the Project Timeline in Attachment III to the satisfaction of CALTRANS District Grant Manager. Invoices shall reference this RGA Number and shall be signed and submitted to CALTRANS District Grant Manager, as stated in Section III–Notification of Parties, Item 8c. g. Invoices shall be complete with all of the following sections in the invoice completed:
1) Section 1: Invoice
2) Section 2: Indirect Cost Calculation, if the AGENCY is seeking reimbursement for indirect costs
3) Section 3: Billing Summary
4) AGENCY shall submit a completed detailed contractor award package, including final cost estimates, to CALTRANS after the project has been awarded to the contractor. The award package shall be submitted to CALTRANS with the first invoice that the AGENCY is seeking reimbursement for the contractor for.
h. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction.
Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III–Termination, Item 12.
i. CALTRANS will reimburse AGENCY for all allowable Project costs at least every 6 months, but no more frequently than monthly, in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice.
j. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date this RGA expires. AGENCY has until November 1, 2026 to make final allowable payments to Project contractors or vendors, and submit the Project’s Final Report, as defined in Attachment I and a final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the 60th day will be reverted and will no longer be accessible to reimburse late Project invoices contractor. k. The final invoice will be paid upon submission by AGENCY to CALTRANS and acceptance by CALTRANS of the Final Delivery Report. Complete final delivery reports and invoices must be submitted to CALTRANS by November 1, 2026.
16. Local Match Funds
a. AGENCY shall contribute not less than a proportional cash amount toward the services described herein on a monthly or 6-month basis. Notwithstanding the foregoing, to the extent that in-kind contributions are permitted and identified under this RGA, Section III–Project 299
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Funding, Item 6, the contributions may be counted as cash only when they are actually received by the AGENCY and confirmed by CALTRANS. Except where expressly allowed in writing herein, reimbursement of credits for local matching funds and in-kind contributions will be made or allowed only for work performed on and after the initial date of this Agreement and on or before June 30, 2026.
b. AGENCY agrees to contribute the statutorily required local contribution of matching funds if any is specified within this RGA or in any Attachment hereto, toward the actual cost of the services described in Attachment III. AGENCY shall contribute not less than its required match amount toward the services described herein. Local cash and in-kind match requirements can be found in the Grant Program Guidelines (Attachment I); but AGENCY must fully satisfy the local cash and in-kind match amount and percentage identified in Section III, Paragraph 7 with the final invoice.
17. Quarterly Progress Reporting
a. AGENCY shall submit written quarterly progress reports to the CALTRANS District Grant Manager to determine if AGENCY is performing to expectations, on schedule, within funding cost limitations, communicating interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.
18. Cost Principles
a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY agrees, and will assure that its contractors, sub-recipients, in-kind contributors, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
Every sub-recipient receiving Project funds as a sub-recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable. c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third-party source, including, but not limited to, the State Treasurer, the State Controller, or any other fund source.
d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified estimated indirect cost rate in Attachment II, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: https://dot.ca.gov/-/media/dot300 City of Garden Grove
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media/programs/local-assistance/documents/lapm/ch05.pdf. e. AGENCY agrees and shall require that all its agreements with consultants and subrecipients contain provisions requiring adherence to this section in its entirety except for section c, above.
19. Americans with Disabilities Act
By signing this Agreement, AGENCY assures CALTRANS that in the course of performing Project Work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC Section 12101 et seq.).
20. Iran Contracting Act and State of California Executive Order N-6-22 AGENCY must complete and submit to CALTRANS the Iran Contracting Act Certification certifying that AGENCY’S proposed contractor is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-ListFolder/List-of-Ineligible-Businesses), before the Agreement has been executed, unless the proposed contractor is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the proposed contractor shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement. Additionally, and to the extent applicable, AGENCY shall adhere to State of California Executive Order N-6-22, issued on March 4, 2022, with regard to proposed contractor.
21. Indemnification
a. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, its contractors, its subrecipients, or its subcontractors under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA.
It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless CALTRANS and all of CALTRANS’ officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, likeness statutes under California Civil Code §§ 3344 and 3344.1, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors under this RGA.
b. AGENCY agrees to fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from any and all claims, lawsuits, or legal actions, including reasonable attorneys’ fees and legal costs, relating to intellectual property claims arising from or related to the Project and/or any work procured under this RGA, including but not limited to claims based on (1) U.S. federal or state trademark infringement laws, (2) patent infringement laws (3) 17 U.S.C. §§ 101-810 (the Copyright Act of 1976, as modified), (4) 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”), (5) 17 U.S.C. § 113, (6) California Civil Code § 987 (the California Art Preservation Act), California Civil Code §989, or (7) any other rights arising under U.S. federal or state laws or under the laws of any other country that conveys rights and protections of the same nature as those conveyed under 17 U.S.C. §106A(a) and California Civil Code §987, including intellectual property claims arising from or related to breach of contract, inverse condemnation, conversion, and/or taking of property. 301
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22. Nondiscrimination Clause (2 CCR 11105 Clause b)
a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause.
d. AGENCY and its contractors, its sub-recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this RGA.
23. Retention of Records/Audits
a. AGENCY, its contractors, subcontractors, and sub-recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors, and sub-recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its 302
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subcontractors, and sub-recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY’s external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY’s contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY’s sub-recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA.
e. Additionally, all grants may be subject to a pre-award audit prior to execution of this RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable, and allocable costs.
f. Any contract with a contractor, subcontractor, or sub-recipient entered into as a result of this RGA shall contain all the provisions of this article.
24. Adjudication of Facts in Disputes
a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law. Neither party waives any rights to pursue remedies authorized by law.
b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of this RGA.
25. INTENTIONALLY DELETED
26. Third-Party Contracts
a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior 303
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written notification by the CALTRANS District Grant Manager unless expressly included (subrecipient identified) in Attachment III as Project Work. b. All State-government-funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY’s laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services (see Public Contract Code, Section 2000 et. seq.); a qualifications-based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Government Code, Section 4525 et. seq. and Chapter 10 of the Caltrans Local Assistance Procedures Manual); and, the applicable provisions of the State Contracting Manual (SCM), Chapter 5, which are not inconsistent with this Item 26, ThirdParty Contracts. The SCM can be found at the following link:
https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-ResourcesList-Folder/State-Contracting. Chapter 10 of the Caltrans Local Assistance Procedures Manual can be found at the following link: https://dot.ca.gov/programs/localassistance/guidelines-and-procedures/local-assistance-procedures-manual-lapm. c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY’s sub-recipients, contractors, and subcontractors.
Copies of all agreements with sub-recipients, contractors, and subcontractors, must be able to be provided upon request to the CALTRANS District Grant Manager. d. CALTRANS does not have a contractual relationship with the AGENCY’s subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors. e. Prior notification in writing by the CALTRANS District Grant Manager shall be required before AGENCY enters into any non-budgeted sub-agreement. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices. f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subrecipients, contractors, and subcontractors, will be allowable as Project costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III–Payment and Invoicing, Item 14b, above.
27. Drug-Free Workplace Certification
By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug-Free workplace by doing all of the following:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
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1) The dangers of drug abuse in the workplace.
2) The person's or organization's policy of maintaining a Drug-Free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant:
1) Will receive a copy of the company's Drug-Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant.
d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above.
28. Relationship of Parties
It is expressly understood that this agreement is executed by and between two (2) independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.
29. State-Owned Data
a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media:
1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space.
2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules.
3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another.
4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only.
5) Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS District Grant Manager immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 305
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7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1).
30. CALTRANS’ Use of “Before” and “After” Project Photographs a. AGENCY acknowledges it provided a “Before” photograph of the Project with the AGENCY’s application for the Clean California Local Grant Program. AGENCY acknowledges and agrees it must provide an “After” photograph of the Project as part of the close out reporting process.
b. AGENCY warrants it is the copyright owner of the “Before” and “After” Project photographs. c. Neither the “Before” nor “After” Project photographs shall include the faces of any individuals.
d. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the “Before” and “After” Project photographs, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. e. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
31. Limited Grant of Rights to CALTRANS for Use of Educational Programming (“educational programming”) Created or Produced for Project and Visual Art Located Outside of State Right-ofWay (“Artwork”) Created or Produced for Project a. Educational programming:
i. AGENCY shall obtain from any and all copyright owner(s) of educational programming a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but 306
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is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
iv. To the extent any logos, including trademarks or service marks, belonging to third parties and/or the AGENCY are used on educational programming created or produced for Project under this RGA, AGENCY agrees to obtain and grant all necessary rights for CALTRANS to use and allow agents of CALTRANS to use the logos in connection with use of the educational programming for non-commercial purposes or State government purposes. This includes but is not limited to reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education and exhibition catalogues or other similar publication. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. b. Artwork:
i. AGENCY shall obtain from the artist(s), or any other copyright owner(s) of Artwork, a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
32. Government Purpose Rights for Inventions
a. Inventions are any idea, methodologies, design, concept, technique, invention, discovery, improvement, or development regardless of patentability made solely by AGENCY or jointly with the AGENCY’s contractor, subcontractor and/or subrecipient during the term of this RGA and in performance of any work under this RGA, provided that either the conception or reduction to 307
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practice thereof occurs during the term of this RGA and in performance of work issued under this RGA.
b. CALTRANS will have Government Purpose Rights to any inventions created as a result of the Project. “Government Purpose Rights” are the unlimited, irrevocable, worldwide, perpetual, royalty-free, non-exclusive rights, and licenses to use, modify, reproduce, perform, release, display, create derivative works from, and disclose any said invention. “Government Purpose Rights” also include the right to release or disclose said invention(s) outside CALTRANS for any State government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. “Government Purpose Rights” do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from, or disclose the invention(s) for any commercial purpose.
33. Additional Intellectual Property Provisions
a. To the extent any intellectual property is created or produced for Project under this RGA, and not covered in other provisions of this RGA, AGENCY agrees to take reasonable steps to ensure that CALTRANS has the rights necessary to allow for use of the intellectual property in a fashion substantially similar to other rights for non-commercial uses and State government purposes described in this RGA.
b. If additional uses are reasonably determined to be needed by CALTRANS for public outreach purposes, AGENCY will obtain rights and grant CALTRANS and its agents said additional rights for use of the “Before” and “After” Project photos, Artwork created or produced for Project under this RGA, and educational programming created or produced for Project under this RGA. The grant will be an irrevocable, non-exclusive, perpetual, royalty-free, sublicensable, unlimited, worldwide license.
c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of “Before” or “After” Project photographs, educational programming, and Artwork shall contain a credit to the Artist/ Copyright owner(s) and a copyright notice in substantially the following form:
© [Artist/Copyright owner’s name, date of publication]. AGENCY bears sole responsibility to promptly notify CALTRANS, in writing, about instances where such accreditation is requested and provide the Artist/ Copyright owner’s name and date of publication. CALTRANS will make reasonable efforts to affix the copyright notice in a timely manner. d. Required disclaimer language for educational programming and Artwork created or produced for Project under this RGA.
i. Educational programming: AGENCY must place a disclaimer statement in a conspicuous manner on the educational programming created or produced for Project under this RGA a disclaimer that states the content of the educational programming does not reflect the official views or policies of CALTRANS. The educational programming does not constitute a standard, specification, or regulation.
ii. Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in close proximately to the Artwork created or produced for Project under this RGA a disclaimer statement that the contents of the artwork do not reflect the official views or policies of CALTRANS.
e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing. f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub-recipients, 308
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contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its contractors, subcontractors, subrecipients, and service vendors (hereinafter “AGENCY’s Contractor/Subcontractor/Subrecipient”) providing services under this RGA to conform to the provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY’s Contractor/Subcontractor/Subrecipient becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing.
34. Visual Art Located on California State Right-of-Way AGENCY agrees if Project involves visual art located on California State right-of-way, Project must be submitted and adhere to CALTRANS’ most current Transportation Art Proposal process, policies, guidelines, and requirements. Information regarding CALTRANS’ Transportation Art program can be found at https://dot.ca.gov/programs/design/lap-landscape-architecture-andcommunity-livability/lap-liv-j-transportation-art. AGENCY bears sole responsibility for ensuring that any Project will be timely submitted through CALTRANS’ Transportation Art Proposal process, approved, and installed prior to any deadlines as required by this RGA. a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used for maintenance outside of the project time limits as provided in this RGA. b. AGENCY acknowledges that the CALTRANS’ Transportation Art Proposal process requires, among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”) of the final artwork. c. AGENCY acknowledges that any submittal to the CALTRANS’ Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-ofway.
35. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, AGENCY’s indemnification obligations contained elsewhere in this Agreement, AGENCY hereby assumes all risks of the consequences of exposure of AGENCY’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind, or origin. AGENCY also agrees to take all appropriate safety precautions to prevent any such exposure to AGENCY’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. AGENCY also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents, and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, AGENCY also agrees that the provisions of this 309
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paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees.
36. Mandatory Organic Waste Recycling
It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if proposed contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, AGENCY shall ensure that the proposed contractor arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Proposed contractor shall provide AGENCY proof of compliance, i.e., organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling. AGENCY must be able to provide this proof upon request from CALTRANS District Grant Manager.
37. Project Close Out/Closeout Report
a. AGENCY will provide a final close out report to the CALTRANS District Grant Manager no later than November 1, 2026.
CALTRANS reserves the right to inspect the project location prior to approving the final invoice and closeout report.
b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and approval of the final closeout report by the CALTRANS District Grant Manager. c. Payments shall be forfeit if invoices are submitted after November 1, 2026.
38. ADA Compliance
All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention.
39. Prevailing Wages and Labor Code Compliance
AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY’s work on or for the Project.
40. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply:
I. This Restricted Grant Agreement (as amended);
II. The CALTRANS Local Grant Program Guidelines;
III. Approved Indirect Cost Rate (if applicable);
IV. Approved Grant Application (as amended); and
V. AGENCY Resolution.
41. Survival
AGENCY’s representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or 310
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termination of this RGA.
42. Sanctions
No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in effect.
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Agreement Number: CCL-5328-091
AMS ADV ID: 1224000043
Section IV
Attachments:
The following attachments are incorporated into, and are made a part of this RGA by this reference and attached hereto.
I. Grant Program Guidelines
II. Approved Indirect Cost Rate (if applicable)
III. Approved Grant Application and Amendment(s) to Grant Application (if applicable) IV. AGENCY Resolution
In Witness Whereof, the parties hereto have executed this RGA on the day and year first herein above written:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
CITY OF GARDEN GROVE
By: By:
Printed Name:
Gretchen Chavez
Printed Name:
Title:
Office Chief
Office of Innovative Programs
Division of Local Assistance
Title:
Date: Date:
By:
Printed Name:
Title:
Date:
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“Provide a safe and reliable transportation network that serves all people and respects the environment.”
DIVISION OF LOCAL ASSISTANCE
OFFICE OF INNOVATIVE PROGRAMS
Clean California Local Grant Program
https://cleancalifornia.dot.ca.gov/local-grant-program
Transmittal Letter
November 28, 2023
Dear Grant Recipient:
Congratulations on being selected as a Cycle 2 awardee for the Clean California Local Grant Program (CCLGP)! A list of Cycle 2 awarded projects can be found here:
https://cleancalifornia.dot.ca.gov/local-grant-program/local-grants-cycle-2. Please note the CCLGP is a reimbursement program. Reimbursable work cannot commence on a project until you have a fully executed (i.e., signed) Restricted Grant Agreement (RGA) with Caltrans. Included in our email is the RGA document for your review and signature. The Agreement will need to be executed by both your agency/Tribe and Caltrans before project work can begin. This letter is not a Notice to Proceed. No funds will be released to a grant awardee until the RGA is fully executed/signed by both parties. Expenses incurred prior to the execution of the grant agreement cannot be reimbursed or counted towards any local match requirements for a project.
In addition to the RGA, an Amendment to the Grant Agreement may be included for your review and signature based on previous discussions between your agency/Tribe and your District CCLGP Grant Manager. We encourage you to continue to reach out to your District CCLGP Grant Manager with any questions you may have on these proposed changes to the Grant Agreement. If the Amendment is not included for your review, this is not applicable to your project.
A complete RGA package, that includes the following list of documents, will need to be returned to your District CCLGP Grant Manager before the RGA can be fully executed by Caltrans. Copies of forms that need to be completed and samples of documents have been emailed with this letter.
• RGA signed by authorized signatory as noted in the agency resolution (see page 2 for details on the agency resolution).
• If applicable, amendment to Grant Agreement signed by authorized signatory. • Checklist of Documents to include in the RGA Package. 313
November 28, 2023
“Provide a safe and reliable transportation network that serves all people and respects the environment” • An updated Payee Data Record (form STD. 204) OR W-9 form. Tribes should submit the STD 204 form instead of the W-9 form since they are sovereign nations.
These forms ensure Caltrans has the right information to process grant payments.
If you have not done so already, please email one of these forms to [email protected] and CC your grant manager. In the email, please request confirmation when the form has been processed by Payee Data Records and a Vendor ID has been generated.
If your agency or Tribe has previously completed one of these forms for another Caltrans project and already has a Vendor ID, please submit this form again to [email protected], to ensure that Caltrans has the most up to date information for your agency/Tribe and that it will receive reimbursements in a timely manner.
While completing a form, if you decide to include a Social Security Number (SSN#) instead of the other Tax Identification Numbers, please black the SSN# out, and once the form is received, Payee Data Records will call your agency for the SSN#.
• An agency (i.e., Board, City Council, or Tribal Government) resolution or similar approval document approving the project and authorizing the agency/Tribe to execute the restricted grant agreement with the State of California, Department of Transportation. A sample resolution has been sent with this letter that you can complete with your agency or Tribe’s information and present to your agency/Tribe for approval. Note, some local agencies have a blanket resolution authorizing it to receive state funds and identifying specific managers to sign contracts up to a certain dollar amount. If that applies to your agency/Tribe, you can provide this blanket resolution that authorizes the person signing the RGA instead. In general, if you have an existing resolution that you would like to use instead of the sample resolution provided, please reach out to your District Grant Manager to confirm that it meets the criteria for an agency or tribal resolution.
Also, if you already submitted a resolution with your grant application, please confirm with your District Grant Manager that it meets the criteria for a resolution and that it is still accurate/applies.
• If requesting reimbursement for indirect costs, an approval letter(s) of the indirect cost rate for the fiscal year(s) that your agency/Tribe will be claiming indirect costs from either Caltrans or the federal cognizant agency must be provided.
See page 29 of the Cycle 2 Program Guidelines and the Caltrans Internal Audits Office (CIAO) website for details: https://dot.ca.gov/programs/audits.
To ensure the success of your project, please note the following:
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November 28, 2023
“Provide a safe and reliable transportation network that serves all people and respects the environment” • The Clean California Local Gran Program (CCLGP) homepage is located here:
https://cleancalifornia.dot.ca.gov/local-grant-program. Resources, including the Cycle 2 Program Guidelines, are available to awardees from this main page.
Please re-familiarize yourself with the Grant Guidelines. They will be included in the RGA package as an attachment.
• Invoicing must occur on a regular and timely basis. This is no more frequently than monthly and no less frequently than every six months for projects not requesting advance payments. If your agency or Tribe requested an advance payment, your agency/Tribe shall invoice monthly (refer to the section “Advance Payment Process” of the Program Guidelines). Awardees who requested advance payment will be receiving instructions on how to complete an invoice for this payment, when they receive the executed grant agreement and Notice to Proceed.
• For an item to be reimbursed, it must have been included in the project’s Scope, Cost, and Schedule, align with the Program Guidelines (see the sections “Eligible Activities and Expenses” and “Ineligible Activities and Expenses”), and comply with 2 Code of Federal Regulations (CFR), Part 200.
• If requesting reimbursement of funds to be electronically deposited directly to the agency or Tribe’s account, please complete the Electronic Funds Transfer Document (FA-2656). Note that participation in the EFT program is limited to local agencies that do not have delinquent account receivables with Caltrans. The Federal Employer Identification Number (FEIN #) can be listed on this form. If the SSN# is listed instead, please black this out, and once the form is received, Payee Data Records will call the requestor for the Social Security Number. Mail original form with wet signatures, along with a voided check or a bank reference number, directly to:
Division of Accounting – MS 33
Attn: Suet Wong/Payee Data Records
P.O. Box 168043
Sacramento, CA 95816
It is recommended that when submitting the original form, you include a note requesting confirmation that this form has been processed. Note that it can take up to 30 days between when the form is submitted and when funds can be transferred electronically.
• Quarterly Progress Reports are to be submitted to Caltrans for review in a timely and accurate manner. Your District CCLGP Grant Manager will provide your 315
November 28, 2023
“Provide a safe and reliable transportation network that serves all people and respects the environment” agency/Tribe instructions on when and how to submit these closer to when the first report will be due.
• The project must be completed, open to the public, and/or all capital funds expended by June 30, 2026. To ensure that the project delivery deadline is met, please ensure you have completed or are close to completing all applicable environmental clearances such as CEQA or NEPA. Also, please verify that any Caltrans encroachment permits or other applicable permits from other agencies have been obtained or are close to being obtained, to ensure that the project delivery deadline will be met.
• Final Delivery Reports and invoicing must be submitted to Caltrans no later than November 1, 2026. The final invoice will be paid upon submission and acceptance of the Final Delivery Report.
• Projects may be subject to an audit by Caltrans to evaluate the following:
o Performance of the project
o Whether project costs incurred and reimbursed are compliant with the following:
Executed RGA and/or approved amendment(s)
State and Federal laws and regulations
Contract provisions
Program Guidelines
Approved Indirect Cost Rate
o Consistency with project scope, schedule, benefits, and project outcomes described in the RGA, approved project application, and/or approved amendment(s).
If you have any questions about the RGA or the CCLGP, please contact your District Grant Manager, Nicholas Le, [email protected]. We look forward to working with you!
Sincerely,
Gretchen Chavez
Caltrans Division of Local Assistance
Chief, Office of Innovative Programs
Clean California Local Grant Program
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“Provide a safe and reliable transportation network that serves all people and respects the environment” November 28, 2023
Enclosed:
Restricted Grant Agreement
Original Grant Application
If applicable, Amendment to Grant Agreement
RGA Checklist
STD 204 Form and W-9 Form
Agency Resolution
CCLGP Guidelines
Electronic Funds Transfer Document (FA-2656)
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CLEAN CALIFORNIA
Local Grant Program
The Clean California Local Grant Program, administered by the California Department of Transportation (Caltrans), provides funding to beautify and improve streets and roads, tribal lands, parks, pathways, and transit centers. Its ultimate goal is to restore pride in California's public spaces.
In Cycle 1, Caltrans awarded approximately $300 million in funds to 105 projects. In Cycle 2, Caltrans awarded approximately $100 million in funds to 42 projects across the State. Eligible applicants were local or regional public agencies, transit agencies, and tribal governments. Nonprofit organizations could apply as sub-applicants. At this time, we do not anticipate there being a Cycle 3, however if this changes we will update our website and inform stakeholders as soon as possible.
Project Types
Eligible projects are infrastructure or
non-infrastructure projects that reduce
litter, beautify public spaces, improve
public health, and foster place-making.
Funding
The grant program guidelines
recognize and provide for the
diverse funding needs of potential
applicants throughout the state.
• The local match component
ranges from 0% to 50% of the
grant amount request.
• All program funds benefit
underserved communities.
•
•
The maximum grant amount
request is $5 million. There is
no minimum award.
Cycle 2 projects must be
delivered by June 30, 2026.
Student paint day for mural that is part of the 21st Avenue Beautification Project, City of Sacramento, Cycle 1 Awardee
Groundbreaking event for the Hoopa Four Project,
Hoopa Valley Tribal Council, Cycle 1 Awardee
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CLEAN CALIFORNIA
Local Grant Program
Project Selection Criteria
For Cycle 2, Caltrans refined the project selection criteria to further support:
• Community need.
• Potential to enhance and beautify public space.
• Potential for greening to provide shade, reduction of the urban heat island effect, and use of native drought-tolerant plants.
• Potential to improve access to public space.
• Public engagement in the project proposal that reflects community priorities. • Benefit to underserved communities.
Funds for this program cannot be used to displace people experiencing homelessness.
Cycle 2 Milestones Dates
Call for Projects February 14, 2023
Project Application Deadline May 31, 2023
Project Award Announcement October 9, 2023
Stay Informed!
• Learn about the CCLGP and projects in your area by visiting:
https://cleancalifornia.dot.ca.gov/local-grant-program
• Sign up for our mailing list HERE
• Questions? Email: [email protected]
Project Completion Date June 30, 2026
Litter clean up event part of the Fresno River &
Vernon McCullough River Trail Project, City of
Madera, Cycle 1 Awardee
Litter clean up event part of the Oakdale Alameda
Gateway Beautification Project, City of El Cajon,
Cycle 1 Awardee
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City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: William E. Murray
Dept: City Manager Dept: Public Works
Date: 2/13/2024
Subject: Approval of an Agreement with AAA Oil Co. dba California Fuels and Lubricants to provide fuel and fuel management for city vehicles and equipment. (Cost:
$1,000,000) (Action Item)
OBJECTIVE
To secure City Council approval for an Agreement with AAA Oil Co. dba California Fuels and Lubricants, for the purchase of fuel and fuel management for city vehicles and equipment.
BACKGROUND
The Public Works Department Vehicle Maintenance Division is responsible for providing fuel for city vehicles and equipment for all City departments, which consume an average of approximately 275,000 gallons of fuel per year. The City is currently in a one (1) year extension of a contract with Southern Counties Oil Co. dba SC Fuels that was entered into on May 9, 2023, which will expire May 9, 2024.
Further, experience has shown that joining with other public agencies to purchase fuel enhances the City’s buying power.
DISCUSSION
In these joint contracts, the pricing of fuel is tied to the industry-accepted benchmark service for fuel supply contracts, known as the Oil Price Information Service (OPIS). The cost to the City is determined by the hourly fluctuating price listed by OPIS. A fixed charge is then applied to determine the final cost per gallon.
The City also expects to receive extra tax revenue due to the vendor being located within the City.
City staff recommends piggybacking on the results of the City of Santa Ana’s public bidding program, RFP #22-110, for the purchase of fuel. AAA Oil Co. has agreed to provide fuel at the same cost as shown in the City of Santa Ana bid process. The initial term of this agreement ends December 19, 2025, with one (1) two- (2) year contract 320
extension that the City of Santa Ana is expected to exercise. The results of this review were as follows:
AAA Oil Co. Unleaded: OPIS+0.0198
Renewable Diesel: OPIS + 0.0387
FINANCIAL IMPACT
The financial impact is $1,000,000 per year with three (3) option years for a total of $4,000,000 to the Fleet Operating Budget. There is no impact to the General Fund.
RECOMMENDATION
It is recommended that the City Council:
Authorize the request to dispense with bidding in the best interest of the City pursuant to Garden Grove Municipal Code 2.50.060(G);
Authorize the City Manager to execute an Agreement by and between the City of Garden Grove and AAA Oil Company, in an amount of $1,000,000, including three additional option years for a total of $4,000,000, and to make minor modifications as appropriate thereto, on behalf of the City; and Authorize the Finance Director to issue a purchase order in the amount of $1,000,000 to AAA Oil Inc. dba California Fuels and Lubricants to provide fuel and fuel management for city vehicles.
By: Steve Sudduth, Equipment Maintenance Supervisor
ATTACHMENT(S):
1. Agreement
2. City of Santa Ana fuel contract AAA Oil Co.
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1 PROFESSIONAL SERVICES AGREEMENT
(Fuel Supply and Delivery Services)
THIS AGREEMENT is made this day of , 2024, by the CITY
OF GARDEN GROVE, a municipal corporation, ("CITY") and AAA Oil, Inc. dba California Fuels and Lubricants, herein after referred to as “CONTRACTOR”.
RECITALS
The following recitals are a substantive part of this Agreement:
1. This Agreement is entered into pursuant to Garden Grove City Council authorization, dated ___________________.
2. CITY desires to utilize the services of CONTRACTOR to: Provide and Deliver fuel to the City of Garden Grove for vehicles and equipment to the following locations:
a. Municipal Service Center located at 13802 Newhope Street, Garden Grove, CA 92843
b. Garden Grove Police Department located at 11301 Acacia Parkway, Garden Grove, CA 92843
3. The services and prices provided by Contractor to City are in accordance with the services, equipment and the prices provided by Contractor in its successful public bid to the City of Santa Ana. Contractor agrees to honor the same pricing schedule that was originally submitted to the City of Santa Ana for the services outlined in this Agreement, which was adopted by the City of Santa Ana City Council on December 20, 2022 and currently expires on December 19, 2025. A copy of the City of Santa Ana’s agreement and RFP No. 22-110, is attached as Attachment A and incorporated herein by reference.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Term and Termination. The initial term of the agreement shall be from full execution through June 30, 2024, with an option to extend said agreement an additional three (3) fiscal years, for a total performance period of four (4) fiscal years. Option years shall be exercised one (1) fiscal year at a time, at the sole option of the CITY. This agreement may be terminated by the CITY without cause. In such event, the CITY will compensate CONTRACTOR for work performed to date in accordance with the City of Los Angeles Agreement which is attached as Attachment A and is hereby incorporated by reference. Contractor is required to present evidence to support performed work.
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2 2. Services to be Provided. The services to be performed and equipment to be provided by CONTRACTOR shall consist of Provide and Deliver fuel to the City of Garden Grove for vehicles and equipment in accordance with the services set forth in the City of Santa Ana contract and RFP No. 22-110, which is attached hereto as Attachment A and incorporated herein by reference.
3. Compensation. CONTRACTOR shall be compensated as follows:
3.1 AMOUNT. Total Compensation under this agreement shall not exceed (NTE) amount of One Million Dollars ($1,000,000.00), per fiscal year, payable in arrears and in accordance with proposal in Attachment “A”. Pricing is to be based on the Oil Price Information Service (OPIS) Gasoline & Diesel Rack Average Daily AM prices benchmark plus the discount/adder adjustments listed in the schedule included in Attachment “A” based on the “per gallon” amount of fuel ordered and delivered.
3.2 Payment. For fuel delivered under this Agreement, payment shall be made per invoice for fuel delivered.
3.3 Records of Expenses. Reserved.
3.4 Termination. CITY and CONTRACTOR shall have the right to terminate this agreement, without cause, by giving thirty (30) days written notice of termination. If the Agreement is terminated by CITY, then the provisions of paragraph 3 would apply to that portion of the work completed.
4. Insurance requirements.
4.1 COMMENCEMENT OF WORK. CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance. The insurers shall waive their rights of subrogation against the CITY, its officers, officials, agents, employees, and volunteers.
4.2 WORKERS COMPENSATION INSURANCE. During the duration of this Agreement, CONTRACTOR and all subcontractors shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable. The insurer shall waive its rights of subrogation against the CITY, its officers, officials, agents, employees, and volunteers.
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3 4.3 INSURANCE AMOUNTS. CONTRACTOR shall maintain the following insurance for the duration of this Agreement:
(a) Commercial general liability in the amount of $5,000,000 per occurrence; coverage to include XCU (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have an AM Best’s Guide Rating of A-, Class VII or better, as approved by the CITY. Endorsements for primary and non-contributory.
(b) Automobile liability in the amount of $5,000,000 combined single limit; Policy must be endorsed to delete pollution exclusion. (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have an AM Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.
(c) Automobile pollution in an amount of $5,000,000 per occurrence; (claims made and modified occurrence policies are not
acceptable); Insurance companies must be acceptable to CITY and have an AM Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.
(d) Excess liability, following form, coverage shall be provided for any underlying policy that does not meet the insurance requirements set forth herein (claims made and modified occurrence policies are not acceptable). Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A-Class VII or better, as approved by the CITY.
An Additional Insured Endorsement, ongoing and completed operations, for the policy under section 4.3 (a) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to city’s requirements, as approved by the CITY.
An Additional Insured Endorsement for the policy under section 4.3 (b) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds for automobiles owned, leased, hired, or borrowed by the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.
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4 MCS 90 Endorsement for the policy under section 4.3 (c) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.
An Additional Insured Endorsement for the policy under section 4.3 (d) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds under the excess liability policy.
CONTRACTOR shall provide to CITY proof of insurance stating the excess liability policy follows form, additional insured endorsement forms, and the schedule of underlying policies with policy numbers that conform to CITY’s requirements, as approved by the CITY. Information for the excess policy only needs to be provided if the underlying policies do not meet the policy limits set forth herein.
For any claims related to this Agreement, CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, or volunteers shall by excess of the CONTRACTOR’s insurance and shall not contribute with it.
If CONTRACTOR maintains higher insurance limits than the minimums shown above, CONTRACTOR shall provide coverage for the higher insurance limits otherwise maintained by the CONTRACTOR.
5. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR.
6. Non-Discrimination. CONTRACTOR covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement.
7. Independent Contractor. It is agreed to that CONTRACTOR shall act and be an independent contractor and not an agent or employee of the CITY, and shall obtain no rights to any benefits which accrue to CITY'S employees.
8. Compliance with Law. CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.
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5 9. Notices. All notices shall be personally delivered or mailed to the below listed address, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process. a. (Address of Contractor)
AAA Oil, Inc. dba California Fuels and Lubricants
Attention: Efrain Davalos
11621 Westminster Avenue
Garden Grove, CA 92843
b. (Address of CITY) (with a copy to):
City of Garden Grove Garden Grove City Attorney
11222 Acacia Parkway 11222 Acacia Parkway
Garden Grove, CA 92840 Garden Grove, CA 92840
10. CONTRACTOR'S PROPOSAL. Contractor shall be bound by all the terms, conditions and specifications set forth in the Port of Los Angeles Agreement attached as Attachment A hereto. In the event of any inconsistency between the terms of the Port of Los Angeles Agreement and the Agreement, the Agreement shall govern.
11. Licenses, Permits, and Fees. At its sole expense, CONTRACTOR shall obtain a Garden Grove Business License, all permits, and licenses as may be required by this Agreement.
12. Familiarity with Work. By executing this Agreement, CONTRACTOR warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the facilities, difficulties, and restrictions of the work under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY of this and shall not proceed, except at CONTRACTOR'S risk, until written instructions are received from CITY.
13. Time of Essence. Time is of the essence in the performance of this Agreement.
14. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability, and reputation of CONTRACTOR, its principals and employees were a substantial inducement for CITY to enter into this Agreement. CONTRACTOR shall not contract with any other entity to perform the services required without written approval of the CITY.
This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of CITY. If CONTRACTOR is permitted to subcontract any part of this Agreement, CONTRACTOR shall be responsible to CITY for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and CITY. All persons engaged in the work will be considered employees of CONTRACTOR. 326
6 CITY will deal directly with and will make all payments to CONTRACTOR.
15. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the parties are formally bound.
16. Indemnification. CONTRACTOR agrees to protect, defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damage to property, or interference with use of property, arising out of, or in any way connected with performance of the Agreement by CONTRACTOR, CONTRACTOR'S agents, officers, employees, subcontractors, or independent contractors hired by CONTRACTOR. The only exception to CONTRACTOR'S responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence of CITY, or any of its elective or appointive boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR.
17. Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefor by the Garden Grove City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the CITY.
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7 IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.
Date:
ATTESTED:
"CITY"
CITY OF GARDEN GROVE
By:
City Manager
City Clerk
Date:
"CONTRACTOR"
AAA Oil, Inc. dba California Fuels and
Lubricants
By:
Name:
Title:_
Date:
Tax ID No.
APPROVED AS TO FORM:
Contractor’s License:
Expiration Date:
Garden Grove City Attorney
Date
If CONTRACTOR is a corporation, a
Corporate Resolution and/or Corporate
Seal is required. If a partnership,
Statement of Partnership must be
submitted to CITY.
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1 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
AAA OIL, INC.TO PROVIDE GASOLINE AND DIESEL SUPPLY AND DELIVERY THIS AGREEMENT is made and entered into this 20th day of December 2022 by and between AAA Oil, Inc. (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. The City desires to retain a Contractor having special skill and expertise to supply the City’s annual gasoline and diesel fuel needs.
B. On September 13, 2022, the City issued Request for Proposal (“RFP”) No. 22-110, by which it sought Contractors to provide gasoline and diesel fuel delivery and supply services to the City.
C. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that Contractor is a wholesale distributor of diesel, gasoline, LNG/natural gas, and other petroleum products and is able and willing to provide such services to the City.
D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an as-needed basis, Contractor shall perform the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services – Exhibit A, attached hereto and incorporated by reference and (“RFP”) No. 22-110 – Exhibit B, attached hereto and incorporated by reference.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. The total annual sum to be expended under the term of this Agreement shall not exceed $1,300,000 during each year of the Agreement. The total sum to be expended under this Agreement for the entire term shall not exceed $6,500,000.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the 329
2 Recitals and Scope of Work, which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on December 19, 2025, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1) two (2) year period upon a writing executed by the City Manager and City Attorney.
4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 330
3 7. INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claimsfor injuries to persons or damages to property which may arise from or in connection with theperformance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Contractors Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor or Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Other Insurance Provisions
A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions:
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4 1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
B. 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.
C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:
1. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made
4. policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
5. A copy of the claims reporting requirements must be submitted to the City for review.
6. If the services involve lead-based paint or asbestos identification / remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.
Best rating of no less than A:VII if admitted in the State of California.
Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right 332
5 to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Waiver of Subrogation
Contractor hereby grants to City a waiver of subrogation which any insurer may acquire against City, its officers, officials, employees, and volunteers, from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 333
6 9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees, for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours.
Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided 334
7 in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
To Contractor: AAA Oil, Inc.
11621 Westminster Avenue
Garden Grove CA 92843
Attn: Jennifer Crawley
Marketing Manager and Contracts Administrator
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.
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8 15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City’s prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.
In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
18. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
19. JURISDICTION-VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
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9 20. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[Signatures on the following page]
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EXHIBIT A
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EXHIBIT B
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Q# Question Response
1 What are the city's payment terms? Does the city do early payment if offered a discount? Payment term is net forty‐five (45) days per Attachment 4 Section 3. Term2 May a prospective bidder, only bid on certain line items? For example, we do would not be able to bid on the Propane as we do not supply that in California.
The City has made this an optional item per Addendum One 3 On the gasoline and diesel pricing form, only the wet hose section states the price is based off of Los Angeles Ca OPIS Gross 10:am EST Daily Rack Average with Car. Would that be based for all products? Clarify if RD is to based on CARB #2? Yes, the gasoline and diesel pricing should be based off Los Angeles CA OPIS Gross 10:00 AM EST Daily Rack Average with Car+. This same index as Diesel ‐ Type 2 Clear shall be derived for the renewable clear diesel (RD99 and RD95) as well. 4 Do the emergency powered generators on page 15 take Red Dyed Diesel? Yes, emergency generators take red dyed diesel5 If the emergency powered generators on page 15 take red dyed diesel, the red dyed diesel pricing on the Fee Proposal does include pricing for quantities in conjunction with the tank sizes listed for these generators. Can an additional delivery size be added to the Fee Proposal for red dyed diesel to cover these? Yes, please refer to Addendum One
6 Due to the National Driver Shortage, that standard turn for deliveries is now 2 days. Would the City be willing to extend its turn time from 1 day to 2 days?
Yes, please refer to Addendum One
7 Are we required to bid all products and all services to be considered for award? No, please refer to Addendum One8 Propane tank design, supply and installation is not a component of a Petroleum Fuel Distribution Company. Was this service meant to be included in this solicitation? Are we required to bid on this service to be considered for award? No, please refer to Addendum One
9 Is the OPS Index used to derive the base pricing the Los Angeles, Ca OPIS Gross 10:00am EST Daily Rack Average with CAR? Yes, please refer to Addendum One 10 For the RD95 and the RD99 pricing, there is not currently a ratable OPIS index compiling this pricing and it is now industry standard to use the OPIS ULSD #2 Index as the base price. Can you confirm for RD95 and RD99 that you will be using the OPIS Los Angeles, Ca OPIS Gross 10:00am EST Daily Rack Average with CAR for ULSD#2 to derive the base price? Use the OPIS Los Angeles, Ca OPIS Gross 10:00am EST Daily Rack Average with CAR for ULSD#2 to derive the base price for RD95 and RD99 11 Because RD95 and RD99 pricing is not fixed and needs to be tied to OPIS, for RD95 and RD99 on the Fee Proposal, can you please mirror the pricing entries with the structure of the Clear Diesel Pricing and add both Delivery Size breakdowns categories (7000+ and 3500‐ Yes, please refer to Addendum One
12 Red Dyed ULSD#2 pricing is not fixed and needs to be tied to OPIS, so for Red Dyed ULSD#2 on the Fee Proposal, can you please mirror the pricing entries with the structure of the Clear Diesel Pricing? Yes, please refer to Addendum One
13 What is the average delivered quantity of unleaded fuel at the Corporate Yard? The average delivery size to the Corporate Yard is 7,500 gallons for unleaded.14 What is the average delivered quantity of diesel fuel at the Corporate Yard? The average delivery size to the Corporate Yard is 8,800 gallons for diesel.15 What is the average delivered quantity of unleaded fuel at the Police Department? The average delivery size to the Police Department is 8,800 gallons for unleaded. 16 Because the answers to vital questions will not be provided until shortly before the bid is due, there is a serious concern that there will not be enough time to do adequate analysis to prepare the bid by the due date. Would the City please consider extending the bid due date at least another week for these reasons?
Yes, please refer to the addendum
17 May I please get a bid tabulation from the last award? Refer to PlanetBids for RFP 17‐108 Fuel ‐ Gasoline and Diesel https://pbsystem.planetbids.com/portal/20137/bo/bo‐detail/41783 18 Who is the current incumbent? Please refer to PlanetBids for RFP 17‐108 Fuel ‐ Gasoline and Diesel hƩps://pbsystem.planetbids.com/portal/20137/bo/bo‐detail/41783 19 Are “fees” part of the evaluation criteria for this bid? Yes, refer to Section I. General under C. Proposal Evaluation and Rating 20 Are we required to submit an hourly rate on our “Fee Proposal” with this contract as we are supplying a commodity? Yes, refer to Scope of Services Section K. Fee Schedule 21 When is the City planning on going to City Council for award approval? The anticipated project award date is Tuesday, November 15, 2022 per the RFP cover page 22 What is the annual volume for Dyed Diesel? Refer to Attachment 1: Scope of Services Section C23 What is the annual volume for Clear Diesel? Refer to Attachment 1: Scope of Services Section C24 Are the fuel tanks at the Corporate Yard above ground or below ground? The fuel tanks are below ground25 Is the 6,000 gallon Dyed Diesel tank at the Santa Ana Police Department above ground or below ground? The 6,000 gallon tank specified is below ground 26 Do we need to own fleet of delivery vehicles? No27 Can we use common carriers to make the fuel deliveries? Yes28 .Instead of monthly invoicing, can we submit an invoice for payment aŌer every delivery? Yes 29 Do we have to bid on the Propane Tank Installation and fueling in order to be responsive on this bid? No, please refer to Addendum One 30 Is the City currently using RD99? No, the City intends to use RD99 in the future31 If we are the successful bidder can we mark a fuel surcharge as a line item on invoices? Yes32 Is the City currently using RD95? No, the City intends to use RD95 in the future33 Do any of the sites take split deliveries i.e. gasoline and diesel on the same truck delivered on the same day? Yes, upon request34 What is the average delivery size for Unleaded to the Corporate Yard? The average delivery size to the Corporate Yard is 7,500 gallons for unleaded.35 What is the average delivery size for diesel to the Corporate Yard? The average delivery size to the Corporate Yard is 8,800 gallons for diesel. 36 What is the average delivery size for Unleaded to the Police Department? The average delivery size to the Police Department is 8,800 gallons for unleaded. 37 Is the City exempt from any taxes? No, the City notexempt from any taxes38 What OPIS index would you like us to use for the bid line items i.e. OPIS Daily Average, OPIS Daily Contract Average, etc.? The base price is Los Angeles CA OPIS GROSS 10:00 AM EST Daily Rack Average with Car+39 What OPIS benchmark City would you like bidders to use? The base price is Los Angeles CA OPIS GROSS 10:00 AM EST Daily Rack Average with Car+40 May I please have a copy of the most recent unleaded invoice for the Corporate Yard? The Water Division cannot release those records a this time 41 May I please have a copy of the most recent diesel invoice for the Corporate Yard? The Water Division cannot release those records a this time42 May I please have a copy of the most recent unleaded invoice for the Santa Ana Police Department? The Water Division cannot release those records a this time43 What OPIS index do you want us to use for RD99? Use the OPIS Los Angeles, Ca OPIS Gross 10:00am EST Daily Rack Average with CAR for ULSD#2 to derive the base price for RD95 and RD99 RFP 22‐110 Gasoline and Diesel Supply and Delivery Services 9/29/2022
44 What OPIS index do you want us to use for RD95? Use the OPIS Los Angeles, Ca OPIS Gross 10:00am EST Daily Rack Average with CAR for ULSD#2 to derive the base price for RD95 and RD99 45 Do we have to bid on all line items to be responsive for this bid? No, please refer to Addendum One 46 What OPIS index would you like us to use for RD99? Use the OPIS Los Angeles, Ca OPIS Gross 10:00am EST Daily Rack Average with CAR for ULSD#2 to derive the base price for RD95 and RD9947 What OPIS index would you like us to use for RD95? Use the OPIS Los Angeles, Ca OPIS Gross 10:00am EST Daily Rack Average with CAR for ULSD#2 to derive the base price for RD95 and RD9948 Do the generator sites require Dyed Diesel fuel? Yes49 Is the City planning on awarding the contract to multiple vendors? The City intends to reward the Contract to one Contractor50 Will the City please consider extending the bid due date due to all of the clarifications requested? Yes, please refer to Addendum One51 What are the tank sizes for each of the propane vehicles? The propane requirements are as stated in the RFP52 If the propane vehicles need to be wethosed will all vehicles be located at a central location? If so what is that location? If not, please provide the location of each of the vehicles.
The vehicles will be located at the City Corporated Yard (220 S Daisy Ave, Santa Ana CA 92703) 53 Currently who is the incumbent? Please refer to PlanetBids for RFP 17‐108 Fuel ‐ Gasoline and Diesel https://pbsystem.planetbids.com/portal/20137/bo/bo‐detail/41783 54 Currently who is the incumbent? Please refer to PlanetBids for RFP 17‐108 Fuel ‐ Gasoline and Diesel hƩps://pbsystem.planetbids.com/portal/20137/bo/bo‐detail/41783 55 Can you please supply a couple of your most current invoices for gasoline, and all grades of diesel fuels. The Water Division cannot release those records a this time56 Can the city of Santa state the current percentage amount for local preference. There is no percentage amount 57 Can you please state how the local preference will be evaluated in the bidding process. The local preference is not a part of the evaluation 58 Does the current vendor have a local preference on the current contract? The local preference is not a part of the evaluation 59 Can we bid on only the Unleaded (Transport) piece of the business and provide a "No Bid" on the Diesel (Bobtail) portion of the RFP? No, all Bidders must bid on all required items in the Fee Schedule 60 In the event of delivery of a transport load (> 7,000 gallons), we cannot meter the delivery. Will a Veeder Root ticket be available to print and provide as proof of delivery?
Yes
61 Is there a Veeder Root system available for the 20,000 gallon tanks for inventory purposes? Yes 62 If there is a Veeder Root system for the 20,000 gallon tanks, are the suppliers allowed virtual/electronic access? The City does not currently have vitual/electronic access, but is anticipating having it in the future 63 Can we provide a "No Bid" on Section C ‐ 9. Propone Tank Installation and Fueling Specifications portion of the BID? Yes, please refer to Addendum One64 Under the Fee Proposal, what Index (Base Price) are we to use when determining the differential above/below OPIS? Ex: LA OPIS Unbranded Rack Avg. Only stated under Wet Hosing.
The base prive is Los Angeles CA OPIS GROSS 10:00 AM EST Daily Rack Average with Car+ 65 On page 2 the city is requesting letter of intent to be submitted. Can the City of Santa Ana confirm the due date for the letter of intent? Not seeing deadline on the RFP
The Letter of Intent is optional and due at any time during the duration of the Bid 66 Can the city of Santa Ana please give clarification on the letter of intent requested? A letter of intent is simply a statement that the Contractor provides to inform the City of the intent to bid submitted via email to the Project Manager 67 Can the city advise if there any special fittings required for any of the tank locations? There are none68 Can city please advise how many deliveries per year will be needed for each emergency generator locations. The frequency of fuel deliveries is dependent upon usage69 Can city advise what carrier is currently making the emergency generator deliveries? Fueling delivering for emergency generators are performed internally70 Can the city please supply the bid tabulations for the current contract. Please refer to PlanetBids for RFP 17‐108 Fuel ‐ Gasoline and Diesel hƩps://pbsystem.planetbids.com/portal/20137/bo/bo‐detail/41783 71 Can the city supply a couple of bill of ladings for gasoline and diesel fuel. The Water Division cannot release those records a this time72 Will a Truck and Trailer be able to fit at all fueling stations for the city? Yes73 Will a Semi truck be able to fit at all fueling stations for the city. Yes 74 Can the city state, is this all or nothing RFP? Do you have to bid on all sections of the bid to be responsive. Refer to Addendum One75 Can city state what will the propane be used for for? The propane powered vehicles are listed in the Scope of Services76 What is average delivery size of gasoline and diesel to the corporation yard and the PD Site. The average delivery size to the Corporate Yard is 7,500 gallons for unleaded. The average delivery size to the Corporate Yard is 8,800 gallons for diesel. The average delivery size to the Police Department is 8,800 gallons for unleaded. 77 How many deliveries in the range of 7,000 plus for gas and diesel for the Corporation yard? Around 80 to 90% of deliveries annually range in 7,000 plus. 78 How many deliveries for 7,000 plus for gas and diesel for the PD site. Fall into this range. Around 80 to 90% of deliveries annually range in 7,000 plus. 79 How many deliveries fall in the range of 7,000 plus for gas and diesel for the Corporation yard. Around 80 to 90% of deliveries annually range in 7,000 plus. 80 Does the city allow for split combination deliveries between corporation and PD site? Yes 81 What are the city payment terms? Payment term is net forty‐five (45) days per Attachment 4 Section 3. Term 82 Will city accept ACH payments? Yes83 How many deliveries fall between the range of 3,500‐6,999 for gas and diesel? Usage quantites are approximate and shall not be interpreted as quantitied ordered84 Can city state the range of gallons for RD99 and RD95? In order give a delivery charge rate per gallon. Refer to Addendum One85 Can city advise if the non‐conclusion affidavit has to be notarized? Yes, please notarize per the conditions specified in the Non‐Collusion Affidavit 86 OPIS does not have index for propane. Can the city advise if we need to utilize the weekly BPN news letter index? Utilize weekly BPN news letter index for propane 87 Will the city be open to use a bigger tank for propane usage? Yes88 Can the city please confirm we need to utilized the OPIS daily rack average report with Car. For fuel deliveries of gasoline, clear diesel, red dyed diesel, and renewable fuels.
Please refer to Addendum One
89 Can city advise currently what you are paying for fuel tenders / fuel trailers. This would be for reduced rate, standard rate, and extended rate
The Water Division cannot release those records a this time 90 What is average delivery of gasoline and diesel for the Corporation yard/ The average delivery size to the Corporate Yard is 7,500 gallons for unleaded. The average delivery size to the Corporate Yard is 8,800 gallons for diesel. 91 What is the average delivery of gasoline and diesel for the PD site. The average delivery size to the Police Department is 8,800 gallons for unleaded. 92 What is the classifications for a vendor to have a local preference discount for city of Santa Ana? There are no local preferance discounts for the City of Santa Ana93 Can city please advise if your company headquarters resides in the city of Santa Ana. Does qualify the vendor for the local preference discount.
The Water Division is located in Santa Ana (220 S Daisy Ave, Santa Ana CA 92703) 94 Can city please advise if your company has a office within the city of Santa Ana. Does that qualify the vendor for the local preference discount.
The Water Division is located in Santa Ana (220 S Daisy Ave, Santa Ana CA 92703) 95 Can city please advise who is currently making gas and all grades of diesel deliveries. What transport company currently making deliveries.
Please refer to PlanetBids for RFP 17‐108 Fuel ‐ Gasoline and Diesel https://pbsystem.planetbids.com/portal/20137/bo/bo‐detail/41783 96 Can the city please confirm we need to submit the fee scheduled, in addition to the fee proposal on page 24. A rates schedule and a fee schedule shall be permitted per Scope of Services Section K 97 Can the city please give a little more clarification on the requested "fee scheduled. Please advise exactly what we need to submit on this schedule. Hard to give a cost on equipment, labor, material, if we do not know how much the project will require. Please advise.
A rates schedule is an hourly rate; if the specifications in Section K do not apply, please omit 98 Can city please advise if your currently billed separate lines items for fuel surcharge, and pump charge fees. Besides the stop in transit fee.
The City is not billed separate line items for fuel surcharge and pump charge fees
EXHIBIT C
361
City of Santa Ana
Gasoline and Diesel Supply and Delivery Services (RFP No. 22-110), bidding on 10/07/2022 1:00 PM (PST)
Printed 11/18/2022
PlanetBids, Inc.
362
City of Santa Ana
Gasoline and Diesel Supply and Delivery Services (RFP No. 22-110), bidding on 10/07/2022 1:00 PM (PST)
Printed 11/18/2022
PlanetBids, Inc.
363
City of Santa Ana
Gasoline and Diesel Supply and Delivery Services (RFP No. 22-110), bidding on 10/07/2022 1:00 PM (PST)
Printed 11/18/2022
PlanetBids, Inc.
364
City of Santa Ana
Gasoline and Diesel Supply and Delivery Services (RFP No. 22-110), bidding on 10/07/2022 1:00 PM (PST)
Printed 11/18/2022
PlanetBids, Inc.
365
City of Santa Ana
Gasoline and Diesel Supply and Delivery Services (RFP No. 22-110), bidding on 10/07/2022 1:00 PM (PST)
Printed 11/18/2022
PlanetBids, Inc.
366
City of Santa Ana
Gasoline and Diesel Supply and Delivery Services (RFP No. 22-110), bidding on 10/07/2022 1:00 PM (PST)
Printed 11/18/2022
PlanetBids, Inc.
367
City of Santa Ana
Gasoline and Diesel Supply and Delivery Services (RFP No. 22-110), bidding on 10/07/2022 1:00 PM (PST)
Printed 11/18/2022
PlanetBids, Inc.
368
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Ursula Luna-Reynosa
Dept: City Manager Dept: Economic Development and
Housing
Date: 2/13/2024
Subject: Adoption of a Resolution authorizing an application for OCTA Community-Based Transit/Circulators Program Project V funding. (Grant Amount: $2.27 million over seven years.) (Action Item)
OBJECTIVE
For Garden Grove City Council to consider adopting a Resolution for the Garden Grove Project V Application to OCTA for a Community-Based Transit/Circulators Program.
BACKGROUND
The Orange County Transportation Authority (OCTA) offers grants to support programs/projects that enhance regional transit services, particularly in areas underserved by existing regional transit. The Measure M2 Project V CommunityBased Transit/Circulators Program is a competitive program that provides funding to local agencies to establish local transit services, which complement regional bus and rail services in areas not adequately served by regional transit and that do not duplicate or compete with existing transit services. General Program Objectives are:
• To provide community transit service that is safe, clean, and convenient. • To encourage new, well-coordinated, flexible transportation systems customized to each community’s needs.
• To develop financially sustainable local transit services that complement regional bus and rail service.
• To meet transportation needs
See the attached Project V Program PPT for additional information. 369
DISCUSSION
The City has applied for funding to Measure M2 Project V Community-Based Transit/Circulators Program in order to initiate a program for a shared ride-hailing service. In accordance with OCTA guidelines, a draft resolution was included with the application, and formal approval of a resolution by the City Council is requested.
The proposed program will provide residents with cost-effective, fixed-fee, shared rides via an all electric eco friendly fleet. The Garden Grove program will service essential connectors between the tourist district and key city activities. These include access points to significant activity areas like the SteelCraft Food Hall, the Garden Grove Civic Center, police and fire departments, and crucial city services.
Additionally, the transit system will extend its reach to economic hubs such as Main Street and the GEM Theatre, Little Saigon, and Korea Town. A map detailing the proposed service area, along with existing bus routes, is attached.
If approved and the grant is awarded, the City will issue a request for proposals for a service operator to provide shuttle services in compliance with the grant.
A resolution approving the application and committing matching funds is required per OCTA's application requirements. If approved, staff anticipates moving forward with implementation, targeting a start date of July 1, 2024.
FINANCIAL IMPACT
In order to have a competitive application staff proposes a 50 percent match amounting to $2.27M over 7 years which will be funded from the Garden Grove Tourist Improvement District Transit Funds.
RECOMMENDATION
It is recommended that the City Council:
Adopt a Resolution approving the submission of the Project V application to OCTA for funding under the Project V Community-Based Transit/Circulators Program.
ATTACHMENT(S):
1. Resolution
2. Program PPT
370
3. Garden Grove Project V Map
371
GARDEN GROVE CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE
APPROVING THE SUBMITTAL OF GARDEN GROVE PROJECT V APPLICATION TO
THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE PROJECT V COMMUNITY-BASED TRANSIT/CIRCULATORS PROGRAM.
WHEREAS, the Orange County Transportation Authority Community-Based Transit/Circulators program (Project V under Measure M2) establishes a competitive funding program to enable local jurisdictions to develop, test and provide community-based local transit services that complement regional transit services and meets needs in areas not adequately serviced by regional transit; and,
WHEREAS, the Orange County Transportation Authority intends to allocate Project V funds to the incorporated cities and the County of Orange, as applicable; and WHEREAS, the Orange County Transportation Authority has established the procedures and criteria for selecting projects for funding through a competitive process as identified in the Comprehensive Transportation Funding Program (CTFP) Project V Guidelines; and WHEREAS, the City of Garden Grove desires to provide local community based transit services;
WHEREAS, the City of City of Garden authorizes the nomination of Garden Grove Project V for funding, including all understanding and assurances contained therein; and, WHEREAS, the City of City of Garden Grove has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive Measure M2 funds, including Project V funds; and,
WHEREAS, the City of City of Garden Grove will fund the project with Garden Grove Tourism Improvement District Transit funds.
WHEREAS, the City of Garden Grove must include all projects funded by CTFP in the seven-year Capital Improvement Program as part of the Measure M2 Ordinance eligibility requirement; and
WHEREAS, the City of City of Garden Grove Circulation Element is consistent with the County of Orange Master Plan of Arterial Highways; and
WHEREAS, the City of City of Garden Grove will comply where applicable with provisions of the Americans with Disabilities Act, and any other federal, state, and/or local laws, rules and/or regulations; and
WHEREAS, the City of City of Garden Grove will consult with Orange County Transportation Authority regarding the need for ADA/paratransit services and/or plan prior to starting operations; and
372
Resolution No. __
WHEREAS, the City of City of Garden Grove will provide a minimum 50% in matching funds, excluding non-Project V subsidies or net fares collected, as required by the Project V CTFP Guidelines and shall fund its share of the project costs and any additional costs over the identified programmed amount ; and
WHEREAS, the City of City of Garden Grove will not use Measure M funds to supplant Developer Fees or other commitments; and
WHEREAS, the City of City of Garden Grove will give the Orange County Transportation Authority’s representatives access to and the right to examine all data, records, books, papers or documents related to the Project(s).
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF GARDEN GROVE:
Does hereby requests that the Orange County Transportation Authority allocate Project V funds in the amounts specified in the City’s application to said City from the Project V Community-Based Transit/Circulators program through the Comprehensive Transportation Funding Program (CTFP). Said funds shall be matched by funds from the City of Garden Grove as required, and shall be used as supplemental funding to aid the City of Garden Grove in the implementation of the proposed transit service.
PASSED, APPROVED AND ADOPTED THIS 13th day of February 2024. 373
M2 Community Circulator Program Overview
• Offer competitive grants for local transit options
• For areas not adequately sen/ed by regional transit
• Cannot duplicate or compete with existing transit
services
• Provides connections to regional bus and rail
services
• Must meet productivity standards for continued
funding
• Local matching funds required
ProjectCommunity Based Transit/Circulators
Description:
This project will establish a competitive program
for local jurisdictions to develop local bus transit
services such as community based circulators,shuttles and bus trolleys that complement regional bus and rail services, and meet needs in areas not
adequately served by regional transit. Projects will
need to meet performance criteria for ridership,connection to bus and rail services, and financial viability to be considered for funding. All projectsmust be competitively bid, and they cannot duplicate or compete with existing transit services.
Program Overview Continued
Types of Services:
OCGO
Lwl'»' a.-un x rtw»
Microtransit
Shared Ride-Hailing
Fixed Route
6=5
\ Seasonal
(Fixed or Deviated Route)
1 rWrW Point-to-Point Shuttles
(Special Events)
Commuter Rail Feeder
Demand-Responsive |==
Program Overview Continued
Notable Differences:
OCoo
iW^ FA* CuM^n f H^»
Higher Demand
Lower Demand
Operating Costs
(No Capital, Lower Hourly Rates)
Lower or Higher Cost per Passenger
\ Capital Costs
(Vehicles and Equipment Purchases)
I ('I'l'l'l S55^ Operating Costs
(Higher Hourly Rates, Fixed Fees)
Program Overview Continued
To date, $53 million
programmed for
36 projects and
10 planning studies
Special Event and ^
Seasonal Services
most successful
(based on ridership)
9. Last Project V
Call for Projects
was in 2020
Current funding
commitments are
scheduled to end
between FY 2024
and FY 2028
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379
Proposed 2024 Project V Call Objectives
1. Continuation of existing projects'
^y 2. Expansion of existing Project V
services
Other Priorities to Note:
^ Combine continuing existing
services into one grant
Competitively procure orreprocure for service providers BBB 3. New Traditional Project V services
4. On-demand services
"Existing projects are defined as previously funded Project V services that, at minimum, meet the cost per boarding requirement
^>^^<>«
^
381
Proposed Scoring Criteria
Category
Financial Commitment
Cost Effectiveness
Project Readiness
Operations Plan/Service Type
Ridership ProjectionFunding Plan
Community Benefit
Total Points Possible
Weight
100
/////////////.
9 ^////////////
Proposed 2024 CTFP Guidelines Framework
[rl Comply with CTFP guidelines and cooperative agreement requirements ra Must be eligible to receive M2 funds
B Competitive procurement of service operators
i> Grant streamlining
k!i. Quarterly ridership reports
s/ Annual customer satisfaction surveys and on-time performance thresholds f-y Project subject to cancellation if minimum performance requirements not met ® If cancelled, M2 funded vehicles subject to repayment to OCTA (based upon remaining useful life/straight-line depreciation) li] Final reports due at end of project
i All expenditures subject to audit
Proposed 2024 Call Schedule
Transit Operator Vendor Fair: Monday, October 30, 2023 at 10:30 AM (via Zoom) Anticipated Call Issue Date: Monday, November 13, 2023
Application Workshop: Tuesday, December 5, 2023 at 10:00 AM (via Zoom) © Anticipated Application Deadline: Thursday, January 25, 2024 at 5:00 PM a«2 Final Resolutions Adopted by Governing Body Due to OCTA: Thursday, February 15, 2024 Funding Recommendations Presented to OCTA Board: Spring 2024 Contacts
Primary
Adrian Salazar, Senior Transportation Funding Analyst
(714) 560-5363 | [email protected]
Alternate
Charvalen Alacar, Section Manager- Local Programs(714)560-5401 | [email protected] Application Support
Jimi Mitchell, Consultant
(213) 694-4457 | [email protected]
Garden Grove Project V Map
CC
OC Street Car
CC
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Teresa Pomeroy
Dept: City Manager Dept: City Clerk
Date: 2/13/2024
Subject: Second Reading and Adoption of Ordinance No. 2951 Entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE AMENDING SECTION 2.56.030 OF CHAPTER 2.56 OF TITLE 2 OF THE GARDEN
GROVE MUNICIPAL CODE PERTAINING TO THE COMPOSITION AND
APPOINTMENT OF TENANT COMMISSIONERS TO THE GARDEN GROVE HOUSING AUTHORITY (Action Item)
Attached for second reading is Ordinance No. 2951 recommended for adoption.
ATTACHMENT(S):
1. Ordinance No. 2951
387
ORDINANCE NO. 2951
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE AMENDING SECTION 2.56.030 OF CHAPTER 2.56 OF TITLE 2 OF THE GARDEN GROVE
MUNICIPAL CODE PERTAINING TO THE COMPOSITION AND APPOINTMENT OF
TENANT COMMISSIONERS TO THE GARDEN GROVE HOUSING AUTHORITY City Attorney Summary
This Ordinance amends Section 2.56.030 of the Garden Grove Municipal Code to accurately reflect the number of commissioners of, and the appointment of tenant commissioners to, the Garden Grove Housing Authority.
THE CITY COUNCIL OF THE CITY OF GARDEN GROVE, CALIFORNIA, HEREBY FINDS AND DETERMINES AS FOLLOWS:
WHEREAS, The Housing Authority was established pursuant to City Resolution No. 4812-75;
WHEREAS, The Housing Authority Composition was adopted under the Bylaws of the Garden Grove Housing Authority pursuant to City Council Resolution No. 4812-75, Housing Authority Resolution Nos. 50, and 124, and by Ordinance Nos. 1598, 1689, and 2813;
WHEREAS, the Composition of the Garden Grove Housing Authority includes the City of Garden Grove Mayor and Council Members by their elected status, and two Housing Authority Tenants with a minimum of one being over the age of 62 years;
WHEREAS, there is a necessity to update and amend the previous adopted ordinances and resolutions to accurately reflect the number of elected officials as commissioners from five to seven and a total composition of the Commission Board from seven to nine; and
WHEREAS, there is a necessity to update and amend the previous adopted ordinances and resolutions to establish biennial appointments of tenant commissioners to the Garden Grove Housing Authority consistent with the appointment of other Commissions of the City of Garden Grove.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDEN GROVE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 2.56.030 (Composition) of Chapter 2.56 (Garden Grove Housing Authority) of Title 2 (Administration and Personnel) of the Garden Grove Municipal Code is hereby amended in its entirety to read as follows (deletions in strikethrough, additions in bold underline text):
388
Garden Grove City Council
Ordinance No. 2951
Section 2.56.030 Composition.
The Housing Authority shall consist of seven nine commissioners. The City Council shall serve as five seven commissioners of the Housing Authority and shall appoint as commissioners two tenants of the Housing Authority, provided that the Housing Authority has tenants. One such tenant commissioner shall be over the age of 62 years, provided that the Housing Authority has tenants of such age. Said appointments of tenant commissioners shall be made in December 1982 and at the annual meeting in odd- numbered years thereafter pursuant to Section 2.21.010 of this Code and their term shall be in accordance with 2.21.012 of this Code.
SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.
SECTION 3. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law.
The foregoing Ordinance was passed by the City Council of the City of Garden Grove on the ___ day of ____________.
ATTEST:
MAYOR
_______________________________
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF GARDEN GROVE )
I, TERESA POMEROY, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Ordinance was introduced for first reading and passed to second reading on January 23, 2024, with a vote as follows:
AYES: COUNCIL MEMBERS: (7) BRIETIGAM, O’NEILL, DOVINH, KLOPFENSTEIN,
NGUYEN-PENALOZA, TRAN, JONES
NOES: COUNCIL MEMBERS: (0) NONE
ABSENT: COUNCIL MEMBERS: (0) NONE
389
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Ursula Luna-Reynosa
Dept: City Manager Dept: Economic Development and
Housing
Date: 2/13/2024
Subject: Update on the Central Cities Navigation Center (CCNC) as requested by City Manager Kim including: Approval of Amendment No. 2 to the agreement with Borders Architects for architectural consulting services (Cost: $27,905); and approval of Amendment No. 1 to the agreement with Thomco Construction, Inc. for construction of the Central Cities Navigation Center Project. (Cost:
$260,000) (Action Item)
OBJECTIVE
To provide an update on the CCNC project per a request from City Manager Kim; seek City Council approval of Amendment No. 2 in the amount of $27,905.00 to Borders Architects for architectural consulting services; and seek City Council approval of Amendment No. 1 in the amount of $260,000.00 to Thomco Construction, Inc. for the unforeseen change orders for the construction of the Central Cities Navigation Center (CCNC) project (the “Project”).
BACKGROUND
In Fall of 2022, the City acquired the property located at 13871 West St (the “Property”) for the purposes of building a homeless shelter. The City entered into an agreement with Borders Architects for architectural consulting services related to the Project in the amount of $304,000.00. The agreement was amended in January 5, 2023, to add an additional $15,200.00 to modify the existing design scope for full cooking kitchen, for a total contract amount of $319,200. In Spring of 2023, Thomco Construction, Inc. was awarded a construction contract in the amount of $4,267,450.00 for the Project.
DISCUSSION
The Project is approximately 70% complete. The project’s key milestones include the SoCal Edison design plan and installation, mechanical, electrical, and plumbing (MEP), interior metal framing and dry wall. Additionally, the Furniture, Fixtures, and Equipment (FF&E) request for proposal (RFP) has been released. The remaining tasks until completion primarily involve finishes and furnishing. The project’s key 390
milestones include SoCal Edison design plan and installation, mechanical, electrical, and plumbing (MEP), site work, interior metal framing and dry wall, and FF&E RFP release. The remaining tasks until completion include finishes and furnishing. In addition to providing the City Council with an update on the Project, the City Council is being requested to consider two amendments to allow for completion of the construction.
The original agreement with Borders Architects scoped 4 months of service. Due to a lengthy bidding process, the originally scoped hours is insufficient to get through construction completion. Therefore, Amendment No. 2 to Borders Architects will authorize additional hours beyond their original scope and includes project close-out activities covering the following tasks: construction meeting attendance, RFI support change order review and consultation, submittal review and project directives, final punch list and report, and project acceptance documentation including as-built drawings.
The original scope of work for Thomco Construction, Inc. (aka “Thomco”) did not include the installation of a security camera system as it was envisioned that this work would be done by a separate contract. Early during construction, it was Tasks Not-to-Exceed Amount
Construction Consulting Services (123 hours) $21,165.00 Project Close-Out Activities $6,740.00
Total $27,905.00
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determined that in order to stay on schedule, it was necessary to have Thomco subcontract for this work. This subcontract included the purchase of products and supervision and coordination with Thomco’s electrical subcontractor to complete the work in accordance with the finalized security design plan. As a result, an unforeseen change order in the amount of $172,724.02.
Due to the nature of rehabilitation of an existing building, design modifications, and other unforeseen reasons, change orders need to be approved. Between the original contract amount and approved change orders, a total of $397,932.11 has been approved for payments leaving $28,812.89 in contingency remaining. There are a number of pending unforeseen changes that require additional contingency to complete the Project. Therefore, Amendment No. 1 to Thomco Construction, Inc. includes a total of $260,000.00 ($172,724.02 plus $87,275.98) in additional funding to cover the cost of the security camera system and pending change orders to complete the project.
Notably, after the approval of the aforementioned additional funding requests, the Project will remain within budget and on schedule to complete construction by June 2024.
Tasks Not-to-Exceed Amount
Change Order – Coordination and Installation of
Security Camera System
$172,724.02
Unforeseen Pending Change Orders $87,275.98
Total $260,000.00
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