AGENDA
Garden Grove City Council
Tuesday, October 22, 2024
6:30 PM
Community Meeting Center
11300 Stanford Avenue
Garden Grove, California 92840
Steve Jones
Mayor
Cindy Tran
Mayor Pro Tem – District 3
George S. Brietigam
Council Member – District 1
John R. O’Neill
Council Member – District 2
Joe DoVinh
Council Member – District 4
Stephanie Klopfenstein
Council Member – District 5
Kim B. Nguyen-Penaloza
Council Member – District 6
Meeting Assistance: Any person requiring auxiliary aids and services, due to a disability, to address the City Council, should contact the City Clerk's Office 72 hours prior to the meeting to arrange for accommodations. Phone: (714) 741-5040.
Agenda Item Descriptions: Are intended to give a brief, general description of the item. The City Council may take legislative action deemed appropriate with respect to the item and is not limited to the recommended action indicated in staff reports or the agenda.
Documents/Writings: Any revised or additional documents/writings related to an item on the agenda distributed to all or a majority of the Council Members within 72 hours of a meeting, are made available for public inspection at the same time (1) in the City Clerk's Office at 11222 Acacia Parkway, Garden Grove, CA 92840, during normal business hours; (2) on the City's website as an attachment to the City Council meeting agenda; and (3) at the Council Chamber at the time of the meeting.
Public Comments: Members of the public who attend the meeting in -person and would like to address the City Council are requested to complete a pink speaker card indicating their name and address, and identifying the subject matter they wish to address. This card should be given to the City Clerk before the meeting begins. General comments are made during "Oral Communications" and should be limited to matters under consideration and/or what the City Council has jurisdiction over. Persons wishing to address the City Council regarding a Public Hear ing matter will be called to the podium at the time the matter is being considered.
Manner of Addressing the City Council: After being called by the Mayor, you may approach the podium, it is requested that you state your name for the record, and proceed to address the City Council. All remarks and questions should be addressed to the City Council as a whole and not to individual Council Members or staff members. Any person making impertinent, slanderous, or profane remarks or who becomes boisterous while addressing the City Council shall be called to order by the Mayor. If such conduct continues, the Mayor may order the person barred from addressing the City Council any further during that meeting.
Time Limitation: When any group of persons wishes to address the City Council on the same subject matter, the Mayor may request a spokesperson be chosen to represent the group, so as to avoid unnecessary repetition. At the City Council's discretion, a limit on the total amount of time for public comments during Oral Communications and/or a further limit on the time allotted to each speaker during Oral Communications may be set.
1
PLEASE SILENCE YOUR CELL PHONES DURING THE MEETING.
AGENDA
ROLL CALL: COUNCIL MEMBER BRIETIGAM, COUNCIL MEMBER O'NEILL, COUNCIL MEMBER
DOVINH, COUNCIL MEMBER KLOPFENSTEIN, COUNCIL MEMBER NGUYEN-
PENALOZA, MAYOR PRO TEM TRAN, MAYOR JONES
INVOCATION
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
PRESENTATIONS
1. Community Spotlight in recognition of the Eagle Scout Project at the Medal of Honor Bike and Pedestrian Trail.
[Item 356/2024]
2. City of Garden Grove First-Time Home Buyer Program Update.
[Item 442/2024]
ORAL COMMUNICATIONS (TO BE HELD SIMULTANEOUSLY WITH OTHER
LEGISLATIVE BODIES)
RECESS
CONDUCT OTHER LEGISLATIVE BODIES' BUSINESS
RECONVENE
CONSENT ITEMS (CONSENT ITEMS WILL BE ACTED ON SIMULTANEOUSLY WITH
ONE MOTION UNLESS SEPARATE DISCUSSION AND/OR ACTION IS REQUESTED
BY A COUNCIL MEMBER)
3. Approval of Amendment No. 2 to the agreement with Carmody Construction Company for the Acoustic Ceiling Tile Project at 11277 Garden Grove Boulevard. (Cost: $35,196.00) (Action Item)
[Item 438/2024]
4. Approval of Amendment No. 6 to the agreement with Scott Fazekas & Associates to provide on-call Building Plan Review Services. (Cost: $250,000) (Action Item)
[Item 409/2024]
5. Approval of out of state travel to Seattle, WA to tour an enhanced water park hotel for the purposes of bolstering tourism in Garden Grove. (Cost:$2,000) (Action Item)
[Item 447/2024]
2
6. Receive and file minutes for the meeting held on August 27, 2024. (Action Item)
[Item 421/2024]
7. Receive and file warrants. (Action Item)
[Item 432/2024]
8. Approval to waive full reading of ordinances listed. (Action Item)
[Item 440/2024]
ITEMS FOR CONSIDERATION
9. Award a contract to Leed Electric, Inc. for the Lampson, Magnolia, and West Garden Grove Reservoir/BPS SCADA Improvements Project, Project No.
CP1268288. (Cost: $2,473,084) (Action Item)
[Item 430/2024]
10. Award a contract to All Cities Engineering, Inc. for the construction of the Chapman Avenue and Dale Street Water Improvements Project, Project No. CP1361000. (Cost: $4,129,980)(Action Item)
[Item 437/2024]
11. Authorization to Participate in the FY2024 COPS Technology and Equipment Program (TEP). (Grant amount: $350,000)(Action Item)
[Item 428/2024]
12. Introduction and First Reading of an Ordinance adding Chapter 8.96 to the Municipal Code pertaining to camping on public places and interfering with public access.
Entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE ADDING CHAPTER 8.96 TO TITLE 8 OF THE GARDEN GROVE MUNICIPAL CODE PERTAINING TO CAMPING ON PUBLIC PLACES AND INTERFERING WITH PUBLIC ACCESS. (Action Item)
[Item 439/2024]
MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS, AND CITY MANAGER
ADJOURNMENT
The next Regular Meeting is scheduled for Tuesday, November 12, 2024, at 5:30 p.m. in the Community Meeting Center, 11300 Stanford Avenue, Garden Grove, California, 92840. 3 Item 438/2024
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Ursula Luna-Reynosa
Dept:
City Manager Dept: Economic Development and
Housing
Date: 10/22/2024
Subject: Approval of Amendment No. 2 to the agreement with Carmody Construction Company for the Acoustic Ceiling Tile Project at 11277 Garden Grove Boulevard. (Cost: $35,196.00) (Action Item)
OBJECTIVE
For the City Council to approve Amendment No. 2 with Carmody Construction Company for the Acoustic Ceiling Project IFB GPM-NO. 2401 at the 11277 Garden Grove Boulevard (Purcell Building), to provide additional scope involving ceiling tile reinstallation.
BACKGROUND
On July 12, 2022, the City Council approved the purchase of the Purcell Building, a two-story office facility. In preparation for upcoming heating, ventilation, and air conditioning (HVAC) improvements, the City contracted an engineering consultant to cond uct a comprehensive investigation and evaluation of the existing HVAC systems, identifying current deficiencies.
Prior to this assessment, all ceiling tiles at the Purcell Building needed to be removed. On April 10, 2024, the City issued Invitation for Bid s (IFB GPM-NO. 2401) for the removal and on-site storage of acoustic ceiling tiles, which was completed by Carmody Construction Company on July 18, 2024.
Following the removal of the ceiling tiles, tenants and City staff provided valuable feedback, noting concerns regarding:
Debris, dust, and loose insulation
Increased noise levels impacting the workspace
Reduced privacy for meetings and soundproofing
Elevated maintenance needs for sanitation
In response, the City worked with the vendor to confirm their availability for ceiling tile reinstallation following the HVAC assessment. To minimize disruption, the installation will take place during non-business hours. This effort will restore a more functional environment for both tenants and staff, addressing key health and safety concerns. 4 Item 438/2024
DISCUSSION
An amendment to the existing agreement is needed to accommodate the additional scope of work. This will increase the contract amount by $35,196.00, raising the total from $44,200.76 to $79,396.76.
FINANCIAL IMPACT
No additional appropriation is required. Funding is available in the existing General Fund budget under Economic Development and Housing Department.
RECOMMENDATION
It is recommended that the City Council:
Approve Amendment No. 2 to the existing Agreement with Carmody Construction Company, in the amount of $35,196, increasing the contract to a total not-to-exceed $79,396.76; and
Authorize the City Manager, or designee(s), to execute Amendment No. 2 to the existing Agreement with Carmody Construction Company, approve additional amendment terms, and make minor modifications as appropriate thereto, on behalf of the City.
By: Alana Cheng, Administrative Officer
ATTACHMENT(S)
1. Amendment No. 2 - Carmody Construction Company
5 CITY OF GARDEN GROVE
AMENDMENT NO. 2
This Amendment No. 2 is made and entered into this _______ of _______, 2024, by and between the CITY OF GARDEN GROVE , hereinafter referred to as "CITY", and CARMODY CONSTRUCTION CO. hereinafter referred to as "CONTRACTOR".
WHEREAS, CONTRACTOR and CITY entered into Contract No. P250243, dated June 3, 2024, to utilize the services of CONTRACTOR to furnish all Labor, Material, Equipment, Disposal, Prep, and Safety Measures for the acoustic ceiling tile project at 11277 Garden Grove Boulevard, Garden Grove, CA 92840 per ACOUSTIC CEILING PROJECT IFB GPM-NO. 2401.
WHEREAS, CONTRACTOR and CITY desire to amend the Existing Contract as provided herein.
Now, therefore, it is mutually agreed, by and between the parties as follows:
Section 3.1, Compensation – is hereby amended as follows:
The contract price is hereby increased by Thirty Five Thousand Hundred Ninety Six Dollars ($35,196.00), to a total not to exceed compensation amount of Seventy Nine Thousand Three Hundred Ninety Six Dollars and 76/100 ($79,396.76) to cover increased services involving ceiling tile reinstallation requested by CITY.
Except as expressly amended hereby, all provisions of the existing Agreement shall remain in full force and effect as originally executed.
[SIGNATURE PAGE FOLLOWS]
6 IN WITNESS THEREOF, these parties have caused this Amendment No. 2 to Existing Agreement to be executed by their respective officers duly authorized on the date first written above.
Date: _____________
ATTESTED:
City Clerk
Date:
APPROVED AS TO FORM:
Garden Grove City Attorney
“CITY”
CITY OF GARDEN GROVE
By:
City Manager
“CONTRACTOR”
CARMODY CONSTRUCTION CO.
By:
Name:
Title:
Date:
Tax ID:
DIR Reg. No.:
Expiration Date:
Contractor License No.:
Expiration Date:
If CONSULTANT/CONTRACTOR is a
corporation, a Corporate Resolution
and/or Corporate Seal is required. If a
partnership, Statement of Partnership
must be submitted to CITY.
7 Item 409/2024
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Niki Wetzel
Dept:
City Manager Dept: Community Development
Date: 10/22/2024
Subject: Approval of Amendment No. 6 to the agreement with Scott Fazekas & Associates to provide on-call Building Plan Review Services. (Cost: $250,000) (Action Item)
OBJECTIVE
For the City Council to approve Amendment No. 6 of the agreement with Scott Fazekas & Associates, Inc (SFA) to provide on-call Building Plan Review Services as needed .
BACKGROUND
The Community Development Department (CDD) utilizes SFA for on-call building plan review services. The intent is to ensure a timely turnaround and to meet high customer service standards.
DISCUSSION
Staff utilizes SFA for on-call building plan review services for plan check overflow and large development projects including the Civic Center Revitalization Project. There is currently a vacancy in CDD’s Plan Check Engineer position, which recruitment is in process and position to be filled by the first quarter of 2025. During this interim period, an increase in plan reviews by SFA is necessary. On average, approximately 90 building plans are circulated SF A on a monthly basis. To ensure plan review services are not disrupted, CDD is requesting an increase in compensation to the current SFA agreement.
In addition, SFA is also performing the plan check services for the Civic Center Revitalization project. In November 2023, CDD issued a Request for Proposals (RFP) for plan review services for the Civic Center Revitalization Project. Three (3) firms submitted proposals and were interviewed. All firms had existing contracts with the City. SFA was selected as the most qualified firm to perform the plan check services for the project for a lump sum amount of $43,243.72 for Civic Center plan review.
When combined with anticipated outsourcing of plan reviews due to a Plan Check Engineer vacancy and the Civic Cen ter Revitalization Project , staff is requesting an increase in 8 Item 409/2024
compensation to the SFA agreement. This will allow CDD to support the ongoing need of plan review services, maintain acceptable service levels, and enable the continued plan review of the Civic Center Revitalization project. This necessitates a contract amendment to increase the contract by $250,000 for a total not to exceed compensation in the amount of $500,000 to be expended only as needed.
FINANCIAL IMPACT
The cost of Amendment No. 6 for SFA will require an increase of $250,000 to the contract, among which $43,243.72 will be funded by the Civic Center Revitalization Fund. The remaining $206,756.28 will be funded from the amended C ommunity Development Department FY2024-25 operating budget. No additional appropriation is necessary as the Department is anticipating to use salary savings due to vacancy to cover the increase in contractual cost. Funds will only be expended as necessary.
RECOMMENDATION
It is recommended that the City Council:
Approve Amendment No. 6 to the agreement with Scott Fazekas & Associates, Inc., for on-call Building Plan Review Services to increase the compensation for the agreement in the amount of $250,000; and
Authorize the City Manager, or designees, to execute Amendment No. 6 and make minor modifications as appropriate thereto, on behalf of the City.
By: Kenneth Le, Administrative Analyst
ATTACHMENT
Scott Fazekas & Associates - Amendment No. 6
9 1
CITY OF GARDEN GROVE
AMENDMENT NO. 6
This Amendment No. 6 is made and entered into this ________ of ________, 2024, by and between the CITY OF GARDEN GROVE , hereinafter referred to as "CITY", and SCOTT FAZEKAS & ASSOCIATES, INC hereinafter referred to as "CONTRACTOR".
WHEREAS, CONTRACTOR an d CITY entered into Contract No. B220293, dated September 28, 2021 for On-Call Building Plan Review Services, as needed (the “Existing Contract”).
WHEREAS, CONTRACTOR and CITY desire to amend the Existing Contra ct as provided herein.
Now, therefore, it is mutually agreed, by and between the parties as follows:
Section 3.1., COMPENSATION - shall be amended as follows:
Contractor shall be compensated in accordance with the Rate and Services Structure set forth in Exhibit/Attachment “A” of the Existing Contract. The contract price is hereby increased by Two-Hundred and Fifty Thousand dollars ($250,000.00), for a total not to exceed compensation amount of $500,000 to cover increased services requested by CITY for the performance period of July 1, 2024 through June 30, 2025.
Except as expressly amended hereby, all of the terms and conditions in the Existing Contract remain in full force and effect as originally executed.
[SIGNATURE PAGE FOLLOWS]
10 2
IN WITNESS WHEREO F, the parties have caused this Amendment No. 6 to the Existing Contract to be executed by their respective officers duly authorized on the date first written above.
Date: _____________ "CITY"
CITY OF GARDEN GROVE
By: ____________________________
City Manager
ATTESTED:
____________________________
City Clerk
Date: _______________________
"CONTRACTOR"
SCOTT FAZEKAS & ASSOCIATES, INC
By: ______________________________
Name: ___________________________
Title: ____________________________
Date: ____________________________
If CONTRACTOR is a corporation, a
Corporate Resolution and/or
Corporate Seal are required. If a
partnership, Statement of
Partnership must be submitted to
CITY.
APPROVED AS TO FORM:
____________________________
Garden Grove City Attorney
________________________
Date
11 Item 447/2024
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Matt West
Dept:
City Manager Dept: City Manager
Date: 10/22/2024
Subject: Approval of out of state travel to Seattle, WA to tour an enhanced water park hotel for the purposes of bolstering tourism in Garden Grove. (Cost:$2,000) (Action Item)
OBJECTIVE
For the City Council to approve out-of-state, non-overnight, travel to Seattle, WA to tour an enhanced water park hotel project for the purpose of bolstering tourism in Garden Grove.
BACKGROUND
In accordance with City Council Policy Number 100-17, the City Council approved overnight conference and training expenditures during the FY 2024-25 and FY 2025-26 budget adoption process (see attached). At the time of budget approval, an out-of-state site tour in Seattle, WA was not included on the overnight conference and training list. The City Council is being requested to add an out-of-state tour of an enhanced water park hotel project for the purpose of bolstering tourism in Garden Grove to the approved list of conferences under the City Manager's Office, and authorize the City Manager, and designee, to attend the site tour.
Per City Council Policy Number 100-19, the City Council is being requested to 1) concur that the costs incurred in traveling to Seattle, WA are justified based on the benefits of attending (additional detail in the below “Discussion” section of this staff report) and 2) authorize and approve out-of-state travel for the day for up to five (5) City Council members, and the City Manager and Assistant City Manager. The costs associated with the conference are provided in the “Fiscal Impact” section of this staff report.
DISCUSSION
The upcoming tour of an enhanced water park hotel presents a valuable opportunity for the City to continue to pursue opportunities to bolster the tourism industry in Garden Grove.
Located just one mile from the Disneyland Resort, the Grove District Anaheim Resort is Southern California’s premier tourist destination. The Grove District offers more than 3,500 hotel rooms and over 170,000 square feet of event space, along with several recognized 12 Item 447/2024
restaurants, and proximity to shopping centers and major entertainment and sports venues. The proposed out-of-state travel is aligned with the City’s continued efforts to enhance the District.
Councilmembers will travel to Seattle at different times to avoid a majority being together at the same place and time, and no discussion regarding tourism or any other business of the City Council will be conducted amongst council members or staff during the trip or tours.
FINANCIAL IMPACT
The cost for up to five City Council members and two designees from the City Manager’s Office to travel out-of-state for a day to tour an enhanced water park hotel project for the purpose of bolstering tourism in Garden Grove is estimated not to exceed a total of $2,000.
No additional appropriation is needed as funds are available within the FY 24-25 approved budget.
RECOMMENDATION
It is recommended that the City Council:
Concur that the costs incurred in touring the out-of-state project are justified based on the benefits of attending, add the out-of-state project tour to the approved list of conferences for the City Manager's Office, and authorize the City Manager and Assistant City Manager to travel out-of-state for the day; and Approve the out -of-state travel for up to five City Council members, and two designees from the City Manager’s Office.
ATTACHMENT(S)
1. Overnight Conference and Training List 2023-25
13 City of Garden Grove
FY 2023-24 & FY 2024-25 Budgets
Overnight Conferences, Training and Seminars
DEPARTMENT POSITION
CONFERENCES:
City Manager
ICMA Annual Conference City Manager, Assistant City Manager New Laws & Elections/CCAC Annual Conference City Clerk, Deputy City Clerk CAHA Housing Manager
Finance Officers Meetings (4) Housing Manager/ Housing Supervisor HAASC Housing Manager
HUD Training Housing Supervisor
LOCC City Manager, Assistant City Manager
NAHRO/HUD Housing Manager, Housing Supervisor
Community/Economic Development
ALIS Sr Proj Mgr, Project Mgr, Sr Program Specialist
APA Conference Director, Planning Mgr, Planning Staff
CACEO Annual Conference Code Officers
CAL CASp Seminar/ Annual Summit Bldg Official, Permit Ctr Supvsr, Plan Check Engr, Bldg Inspctr, Permit Tech CALED Annual Conference Director, Sr Proj Mgr, Project Mgr, Sr Program Specialist ICC Annual Conference Bldg Official, Permit Ctr Supvsr, Bldg Spvsr ICSC RECon Director, Sr Proj Mgr, Project Mgr, Sr Program Specialist ICSC West Division Director, Sr Proj Mgr, Project Mgr, Sr Program Specialist NAHRO/HUD Neighborhood Improvement Manager
Finance
CALPERS Director, Acctg Mgr, Acctg Staff, Budget Mgr
CentralSquare User Conference CentralSquare Administrators CMRTA Annual Conference Bus Tax Spvsr, Bus Tax Inspctr, 2 Sr Acctg Specialists CSMFO Director, Acctg Mgr, Acctg Staff, Budget Mgr, Budget Staff PARMA Director, Risk Mgmt Staff
PRIMA Director, Risk Mgmt Staff
Human Resources
CALPELRA Annual Conference Director, Manager
PARMA Manager
Information Technology
MISAC IT Director, IT Manager
Rubyconf Sr IT Analyst
Central Square Users Conference IT Manager, Sr IT Analyst RSA Conference Sr IT Analyst
Vue.js Conference Programmer
Police
IACP Police Management Staff - TBD
ICAC Sexual Assault Detectives
CAHN Hostage Negotiators
Cal Chiefs Police Chief
CALEA CALEA Coordinator
CHIA Homicide Detective
CNOA SIU Officers
CRIA Robbery Detectives
Crime Intel Analyst Assn Crime Analyst
OCCSA Police Chief
Public Works
LOCC Public Works Director
State Humane Association Animal Control Officers
AWWA/WEF Utility Managers, Supervisors, Analyst, Program Specialist CWEA Managers, Supervisors, Analyst, Program Specialist CRRA Sr. Program Specialist
SWA of North America Sr. Program Specialist
WCISA Supervisor, Sr. Lead
Humane Pro Supervisor, Sr. Lead
1 14
City of Garden Grove
FY 2023-24 & FY 2024-25 Budgets
Overnight Conferences, Training and Seminars
DEPARTMENT POSITION
TRAINING AND SEMINARS:
City Manager's Office
LOCC City Manager Training City Manager, Assisant City Manager LOCC New Laws and Elections City Clerk, Deputy City Clerk Finance/HUD Housing Manager
HAMA/HUD Housing Mgr, Housing Supervisor, Sr Housing Spec Community/Ecomonic Development
AEP Current Planners
ALIS Sr Proj Mgr, Project Mgr, Sr Program Specialist
CALBO Leadership Academy Bldg Official, Permit Ctr Spvsr, Bldg Supvsr CEQA & GIS Current Planners
CTI Bldg. Inspector, Plans Examiner
IAPMO POA, Bldg Inspector, Permit Tech, Supervising Bldg Inspector NFPA Building Official, Bldg Inspector, Plan Check Engineer OCVA Tourism Conferences Sr Project Mgr, Project Mgr, Sr Program Specialist Open Streets National Summit/CICLAVIA Director, Planning Manger, Sr. Planner Community Services
CPRS Director, Manager, Supervisor
NRPA Director, Manager, Supervisor
Finance
CAPPO Purchasing Mgr
GFOA (Various Training) Acctg Mgr, Acctg Staff, Budget Mgr, Budget Staff Human Resources
CalPERS Annual Educational Forum Director, Manager
NEOGov Training Principal Personnel Analyst
PASMA Meetings Benefits Supervisor
Information Technology
CISSP Training Sr IT Analyst
ITIL Training IT Manager
Police
CalNENA Communications Mgr, Comm Supervisors
CALRO Resort Unit Officer, Intel Officer
CAPE Property & Evidence CSOs
CCPOA Crime Prevention CSOs
CVSA Training Background Investigators
FARA Ordinance Coordinator
Government Social Media Training PD Social Media Coordinator LEIU Lieutenant, Intel Officer
Non-POST Training Officers & Civilians
POST Reimbursable Classes Officers & Civilians
Spillman Users Conference Spillman Administrators
SWAT Training SWAT Team
Public Works
ISA/TRAQ Supervisor, Sr. Lead
San Diego Humane Law Academy Supervisor
2 15
Item 421/2024
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Teresa Pomeroy
Dept:
City Manager Dept: City Clerk
Date: 10/22/2024
Subject: Receive and file minutes for the meeting held on August 27, 2024. (Action Item)
OBJECTIVE
For the City Council to receive and file the minutes from the meeting held on August 27, 2024.
BACKGROUND/DISCUSSION
Attached are the minutes from the meeting held on August 27, 2024, recommended to be received and filed as submitted or amended.
FINANCIAL IMPACT
There is no financial impact.
RECOMMENDATION
It is recommended that the City Council:
Receive and file the minutes from the meeting held on August 27, 2024.
ATTACHMENT(S)
1. CC Minutes - 8/27/2024
16 -1- 08/27/24
MINUTES
GARDEN GROVE CITY COUNCIL
Regular Meeting
Tuesday, August 27, 2024
Community Meeting Center
11300 Stanford Avenue, Garden Grove, CA 92840
CONVENE MEETING
At 6:30 p.m., Mayor Jones convened the meeting in the Council Chamber.
ROLL CALL PRESENT: (6) Council Members Brietigam, O’Neill, Klopfenstein, Nguyen-Penaloza, Mayor Pro
Tem Tran, Mayor Jones
ABSENT: (1) Council Member DoVinh absent at Roll Call
but joined the meeting at 6:31 p.m.
INVOCATION
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
RECESS
At 6:33 p.m., Mayor Jones recessed the meeting.
RECONVENE
At 6:36 p.m., Mayor Jones reconvened the meeting with all Council Members present.
ADOPTION OF A PROCLAMATION RECOGNIZING SEPTEMBER 2024 AS HUNGER ACTION MONTH (F: 83.1-2024)
It was moved by Mayor Jones, seconded by Council Member Brietigam that:
A Proclamation be adopted recognizing September as Hunger Action Month.
17 -2- 08/27/24
The motion carried by a 7-0 vote as follows:
Ayes: (7) Brietigam, O’Neill, DoVinh, Klopfenstein,
Nguyen-Penaloza, Tran, Jones
Noes: (0) None
Following the adoption of the Proclamation, Matthew Hurley with the Orange County Food Bank received a framed proclamation.
ADOPTION OF A PROCLAMATION RECOGNIZING SEPTEMBER AS SERVICE CLUBS MONTH (F: 83.1-2024)
It was moved by Mayor Jones, seconded by Council Member Brietigam that:
A Proclamation be adopted recognizing the month of September as Service Clubs Month.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Brietigam, O’Neill, DoVinh, Klopfenstein,
Nguyen-Penaloza, Tran, Jones
Noes: (0) None
Following the adoption of the Proclamation, Garden Grove Service Club representatives received a framed proclamation.
PRESENTATION – PLANNING SERVICES AND BUILDING & SAFETY DIVISION UPDATE PRESENTED BY THE COMMUNITY DEVELOPMENT DEPARTMENT (F: 80.1) (F: 35.1)
Planning Manager Maria Parra provided a PowerPoint presentation reviewing the City’s Housing Element adopted by the City Council in 2021, and the Regional Housing Needs Assessment (RHNA) mandate exceeding 19,000 housing units assigned by the State. In response to RHNA, the City has adopted and implemented design standards; approved new housing including affordable housing and multi-unit housing and over 1600 Accessory Dwelling Units during this RHNA cycle. Upcoming is an overall General Plan Update required to be updated every 20 years, and was last updated in 2008. A comprehensive General Plan Update has the required elements: Land Use, Circulation, Housing, Conservation, Open Space, Noise, Safety, Environmental Justice, and Air Quality. And, optional elements include: Community Design, Economic Development, and Infrastructure. The Planning Division working with consultants will commence the General Plan Update in 2026 and target 2028 for completion to meet the required 20 year timeframe.
The Planning Division was recently recognized by the American Planning Association California Chapter Orange Section for their work on outreach and zoning for the Garden Brook Senior Village and Accessory Dwelling Units. 18 -3- 08/27/24
Community Development Deputy Director and Building Official David Dent continued with the PowerPoint presentation focusing on the Accessory Dwelling Units approval process that will be updated in January 2025. Coming up in 2025 will be required inspections of multi-unit structures with stairways, balconies, and walkways by a structural engineer with property owners required to make repairs. The next Building Code Update in 2025 will have requirements for electrification to be used as a primary energy source for heating, cooking, and transportation. The new green codes will take affect by 2035 and will require electric energy resources for all new construction and renovations. Commercial properties making renovations will be required to install EV capable infrastructure. Go Ready online, a comprehensive plan check process that began in 2023, has been in use, which has resulted in more than 12,000 plan check permits to date. Go Ready new features coming soon include: AI responsive application submittal, updated customer notifications, pre- development planning, and a business license module.
CONSIDERATION OF A REQUEST FROM KING SHOCKS TECHNOLOGY, INC., FOR THE 2ND ANNUAL HOLIDAY TOY DRIVE ON SATURDAY, DECEMBER 14, 2024 (F: 88.1)
Following staff introduction and City Council discussion, it was moved by Council Member Brietigam, seconded by Council Member Klopfenstein that:
The partial closure of city streets for the King Shocks 2 nd Annual Holiday Toy Drive
on Saturday, December 14, 2024, be approved, and the proposed route on Lampson Avenue between Knott Street and Monarch Street, on Edison Way between Lampson Avenue and Belgrave Avenue, on Industry Street between Lampson Avenue and Chapman Avenue, and on Belgrave Avenue between Industry Street and Knott Street, be approved.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Brietigam, O’Neill, DoVinh, Klopfenstein,
Nguyen-Penaloza, Tran, Jones
Noes: (0) None
ORAL COMMUNICATIONS
Speakers: Nicole Jaimes, Lloyd Clark, Joel Silverthorn, Kyle Mason, James Foster, Nicholas Dibs, Barbara Sexton.
Written Communications: Craig Durfey
RECESS
At 7:37 p.m., Mayor Jones recessed the meeting.
19 -4- 08/27/24
RECONVENE
At 7:42 p.m., Mayor Jones reconvened the meeting with all Council Members present.
ADOPTION OF A PROCLAMATION RECOGNIZING SEPTEMBER 2024 AS HUNGER ACTION MONTH (F: 83.1-2024)
This matter was considered earlier in the meeting.
ADOPTION OF A PROCLAMATION RECOGNIZING SEPTEMBER AS SERVICE CLUBS MONTH (F: 83.1-2024)
This matter was considered earlier in the meeting.
ACCEPTANCE OF PROJECT NO. CP1287000 – ANABEL-WOODBURY WATER IMPROVEMENT PROJECT, AS COMPLETE (F: 112.PROJ.CP1287000)
It was moved by Council Member Brietigam, seconded by Council Member Nguyen- Penaloza that:
Project No. CP1287000 – Anabel-Woodbury Water Improvement Project be accepted as complete; and
The City Manager be authorized to execute the Notice of Completion of Public Improvement and Work; and
The Finance Director be authorized to release the retention payment when appropriate to do so.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Brietigam, O’Neill, DoVinh, Klopfenstein,
Nguyen-Penaloza, Tran, Jones
Noes: (0) None
ACCEPTANCE OF THE CALTRANS FENCING IMPROVEMENT PROJECT (CFIP)- PHASE 1 AS COMPLETE (F: 36.6-Caltrans) (F: 55-Quality Fence Co.) It was moved by Council Member Brietigam, seconded by Council Member Nguyen- Penaloza that:
City Project No. 1222000046/EA#OT410, Caltrans Fencing Improvement Project (CFIP) – Phase 1 be accepted as complete;
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The City Manager be authorized to Execute the Notice of Completion of public Works Improvements and Work for CFIP - Phase 1; and
The Finance Director be authorized to release the retention payment when appropriate to do so.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Brietigam, O’Neill, DoVinh, Klopfenstein,
Nguyen-Penaloza, Tran, Jones
Noes: (0) None
APPROVAL OF AMENDMENT NO. 3 TO AN AGREEMENT WITH WEST YOST
ASSOCIATES FOR PROFESSIONAL SERVICES FOR SCADA IMPLEMENTATION PROJECTS (JOINT ITEM WITH THE GARDEN GROVE SANITARY DISTRICT) (F: 55- West Yost Associates) (F: 112.1)
It was moved by Council Member Brietigam, seconded by Council Member Nguyen- Penaloza that:
Amendment No. 3 to the agreement with West Yost Associates to provide professional services for SCADA Implementation projects be approved;
Water funds in the amount of $136,440, be appropriated;
Sewer funds in the amount of $103,322, be appropriated;
The City Manager/General Manager be authorized to execute Amendment No. 3 to the contract agreement on behalf of the City and the Garden Grove Sanitary District, and make minor modifications as appropriate thereto.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Brietigam, O’Neill, DoVinh, Klopfenstein,
Nguyen-Penaloza, Tran, Jones
Noes: (0) None
APPROVAL OF AMENDMENT NO. 5 TO THE CONTRACT WITH WILLDAN ENGINEERING INC. FOR ON-CALL ANIMAL CONTROL OFFICER SERVICES (F: 55-Willdan Engineering, Inc.) (F: 27.1)
It was moved by Council Member Brietigam, seconded by Council Member Nguyen- Penaloza that:
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Amendment No. 5 to the agreement with Willdan Engineering, Inc., increase the contract by $35,000 to $85,000 to cover Fiscal Year 2024-25 services be approved; and
The City Manager be authorized to execute Amendment No. 5 on behalf of the City.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Brietigam, O’Neill, DoVinh, Klopfenstein,
Nguyen-Penaloza, Tran, Jones
Noes: (0) None
AWARD OF CONTRACTS TO MNS ENGINEERS, INC. AND WILLDAN ENGINEERING TO PROVIDE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND
STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CONSULTATION SERVICES (F: 55-MNS Engineering, Inc.) (F: Willdan Engineering Inc.)
It was moved by Council Member Brietigam, seconded by Council Member Nguyen- Penaloza that:
A contract for HUD and HCD consultation services be awarded to MNS Engineers, Inc., in the not-to-exceed amount of $150,000 per year, for a total performance period of up to five (5) years.
A contract for HUD and HCD consultation services be awarded to Willdan Engineering, in the not-to-exceed amount of $50,000 per year, for a total performance period of up to five (5) years; and
The City Manager, or her designees, be authorized to execute the contracts and make minor modifications as appropriate thereto, on behalf of the City; and
The City Manager, or her designees, be authorized to exercise option year terms and sign the option year amendments.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Brietigam, O’Neill, DoVinh, Klopfenstein,
Nguyen-Penaloza, Tran, Jones
Noes: (0) None
ADOPTION OF A RESOLUTION AUTHORIZING AN APPLICATION BE SUBMITTED FOR
THE COUNTY OF ORANGE FAMILIES AND COMMUNITIES TOGETHER (FACT) GRANT (F: 55-County of Orange Social Services Agency)
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Following staff introduction, and City Council discussion, it was moved by Council Member Klopfenstein, seconded by Council Member Nguyen-Penaloza that:
Resolution No. 9885-24 entitled: A Resolution of the City Council of the City of Garden Grove, California, approving the application for grant funds for Magnolia Park Family Resource Center and the Garden Grove Community Collaborative under the County of Orange Families and Communities Together (FaCT) Program, be adopted.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Brietigam, O’Neill, DoVinh, Klopfenstein,
Nguyen-Penaloza, Tran, Jones
Noes: (0) None
ADOPTION OF A RESOLUTION TO UPDATE THE SCHEDULE OF PENALTIES FOR
PARKING VIOLATIONS, AND THE INTRODUCTION AND FIRST READING OF AN OVERSIZED VEHICLE ORDINANCE (F: 82.7)
Following staff introduction that included a PowerPoint presentation, and City Council discussion, it was moved by Council Member Nguyen-Penaloza, seconded by Council Member Klopfenstein that:
Resolution No. 9866-24 entitled: A Resolution of the City Council of the City of Garden Grove, California, establishing an updated schedule of penalties for parking violations, be adopted; and
Ordinance No. 2957 entitled: An Ordinance of the City Council of the City of Garden Grove amending Section 10.56.110 and repealing Section 10.56.115 of Chapter 10.56 of Title 10 of the Garden Grove Municipal Code pertaining to oversized vehicle and recreational vehicle parking, be passed to second reading.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Brietigam, O’Neill, DoVinh, Klopfenstein,
Nguyen-Penaloza, Tran, Jones
Noes: (0) None
SECOND READING AND ADOPTION OF ORDINANCE NO. 2956 (F: 115.A-039-2024)
It was moved by Council Member Brietigam, seconded by Council Member Klopfenstein that:
Ordinance No. 2956 entitled: An Ordinance of the City Council of the City of Garden Grove approving zoning Amendment No. A-039-2024 and amending Chapter 5.40 of Title 5 and Chapters 9.04 and 9.18 of Title 9 of the Garden Grove Municipal Code 23 -8- 08/27/24
pertaining to Pool Rooms, Billiards, Pool Halls, and incidental amusement devices, be adopted.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Brietigam, O’Neill, DoVinh, Klopfenstein,
Nguyen-Penaloza, Tran, Jones
Noes: (0) None
MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS, AND CITY MANAGER
APPROVAL OF AMENDMENT NO. 4 TO THE AGREEMENT WITH GRAFFITI PROTECTIVE COATINGS, INC., FOR ON-CALL GRAFFITI REMOVAL (F: 55-Graffiti Protective Coatings, Inc.)
Following staff introduction and City Council comments, it was moved by Council Member Nguyen-Penaloza, seconded by Council Member Klopfenstein that:
Amendment No. 4 to the Agreement with Graffiti Protective Coatings Inc., be approved to: (1) increase the contract’s existing term from $377,427 to $497,427 – an increase of $120,000 through November 30, 2024, and (2) increase the contract’s next term from $377,427 to $482,427 – an increase of $105,000, from December 1, 2024 to November 30, 2025 – for a total contract increase of $225,000; and
The City Manager be authorized to execute Amendment No. 4 and make minor modifications to the Agreement as needed.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Brietigam, O’Neill, DoVinh, Klopfenstein,
Nguyen-Penaloza, Tran, Jones
Noes: (0) None
DISCUSSION ON AN UPDATE TO THE CITY'S TREE REMOVAL POLICY (F: 48.5)
Council Member Brietigam requested this item be brought to the City Council to consider updating the City’s tree policy. He commented on the fear residents have expressed to him about the pine and eucalyptus trees that can be as tall as 100 feet and thousands of pounds that are planted in the parkways that pose a safety hazard. Residents need to be incentivized that when a parkway tree is removed to plant a native tree, it will not grow to an excessively massive size. There needs to be a change to the current policy. Council Member Nguyen-Penaloza expressed support and stated that staff should bring back a redlined ordinance for consideration. Following further City Council discussion, it was moved by Council Member Brietigam, seconded by Council Member Nguyen-Penaloza that:
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A Tree Removal Ordinance be listed on a future agenda and presented for City Council consideration.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Brietigam, O’Neill, DoVinh, Klopfenstein,
Nguyen-Penaloza, Tran, Jones
Noes: (0) None
Council Member Brietigam commiserated in response to Mr. Clark, who spoke at tonight’s meeting to express frustration for an ongoing issue with people speeding on Stanford Avenue adjacent to West Grove Park, and he asked for the City Traffic Engineer look into the issue suggesting either a sign or some other traffic calming methods.
Council Member O’Neill wished everyone a happy Labor Day weekend coming up, stating that all labor is honorable, the United States was built with labor and we celebrate those who do labor. He reminded everyone to practice pool safety and encouraged the use of a pool alarm. He wished his wife a happy anniversary after 38 years, and expressed his love and appreciation for all of her support over these years, raising their family together in his hometown of Garden Grove.
Mayor Pro Tem Tran announced the upcoming Moon Festival at Kiwanisland, September 7, 2024 between 2:00 – 4:00 p.m. for disabled children. There will be many activities and food. Also, she along with the council members from Santa Ana, Westminster, and Fountain Valley in collaboration with the Garden Grove Unified School District are hosting a Civic Engagement for Youth forum for high school and college students on September 13th. They will be giving away two scholarships for $500 each and hope to have more students involved and to expand on this next year. She visited the Navigation Center and was happy to get good feedback from people using the Center who have been able to get assistance and a voucher working towards permanent housing. She noted that before she was a council member she had concerns about the lack of street lights around Chapman and Gilbert, and asked for staff to provide information. She noted that she has received several resident complaints for not getting a response when contacting animal control. With tonight’s City Council approval of the contract with Willdan for animal control services, she hopes this will help to be more responsive to resident complaints. She recommended that residents use the App or contact the City staff.
She thanked Pam Grimm, Council Liaison, for her support in disseminating the emails and phone calls to the appropriate staff.
Council Member DoVinh noted that as a 25-year resident of Garden Grove and a council member since 2022, he is coming to understand why some of the issues experienced by the residents have not been addressed over the past 20 plus years.
He pointed out the various government agencies and jurisdictional boundaries that 25 -10- 08/27/24
can make resolving certain issues more complicated, and he asked that residents be patient. He noted the Governor’s recent signing of an Executive Order that provides for moving forward to adopt humane and dignified policies to urgently address encampments, and he asked the City Attorney weigh in on whether this Executive Order would include funding from the state to assist local agencies address homelessness. He noted that he has also received email complaints from the Vietnamese community and has relied on the assistance from City staffer Kristy Thai to translate and provide to the appropriate departments.
Council Member Klopfenstein agreed that the issues with street lighting and squatters that residents have brought up at tonight’s meeting are layered issues that require time to resolve. She asked that Barbara Sexton, who spoke at tonight’s meeting about squatters in her neighborhood be kept updated on the City’s progress addressing this concern.
City Manager Kim stated that she has made note of the discussion items tonight and will be following up on each one. She announced that Community Services Director John Montanchez will be providing a video that encapsulates the summer camp program.
Community Services Director John Montanchez provided a short video taken featuring the Buena Clinton Family Resource Center’s seven week Day Camp program that is an important program engaging the kids from the Buena Clinton neighborhood. He gave kudos to the Community Services Coordinator Yolanda Alvarado who created the video and also for all of her work with the kids.
ADJOURNMENT
At 8:38 p.m., Mayor Jones adjourned the meeting. The next Regular City Council Meeting is scheduled on Tuesday, September 10, 2024, at 5:30 p.m. at the Community Meeting Center, 11300 Stanford Avenue, Garden Grove, California.
Teresa Pomeroy
City Clerk
26 Item 432/2024
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Patricia Song
Dept:
City Manager Dept: Finance
Date: 10/22/2024
Subject: Receive and file warrants. (Action Item)
OBJECTIVE
For the City Council to receive and file the warrants.
BACKGROUND/DISCUSSION
Attached are the warrants recommended to be received and filed.
FINANCIAL IMPACT
Items listed on the warrants are budgeted.
RECOMMENDATION
It is recommended that the City Council:
Receive and file the warrants.
ATTACHMENT(S)
1. Warrants 07312024AP
2. Warrants 08012024AP
3. Warrants 08072024AP
4. Warrants 08142024AP
5. Warrants 08212024AP
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91 Item 430/2024
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: William E. Murray
Dept:
City Manager Dept: Public Works
Date: October 22, 2024
Subject: Award a contract to Leed Electric, Inc. for the Lampson, Magnolia, and West Garden Grove Reservoir/BPS SCADA Improvements Project, Project No.
CP1268288. (Cost: $2,473,084) (Action Item)
OBJECTIVE
To recommend that City Council award a contract to LEED Electric, Inc. for construction of Project No. CP1268288 – Lampson, Magnolia, and West Garden Grove Reservoir/BPS SCADA Improvements Project.
BACKGROUND
In the 2020 Supervisory Control And Data Acquisition (SCADA) Master Plan, a list of 22 projects to be implemented over a 5 -year period with an overall estimated budget of $7.8 million were identified, which cost includes design and construction.
Lampson, Magnolia, West Garden Grove Reservoir/BPS SCADA Improvements Project is one of the projects that was identified, and it will upgrade the SCADA software and hardware equipment to operate the Lampson, Magnolia, and West Garden Grove Reservoirs and Booster Pump Stations. This project consists of demolishing and retrofitting Programmable Logic Controller (PLC) Control Panels, installation of new control panels, installation of new chemical dosing skids, replacement of select field instrumentation and valve controls, and replacement of engine control panels. New conduit, conductors, and junction boxes will be installed as indicated on the Drawings.
DISCUSSION
Three bids were received and opened by the City Clerk’s Office on October 2, 2024, at 11:00 a.m. (see Bid Summary Sheet). The lowest responsive bidder was LEED Electrics, Inc., with a total bid of $2,473,084. The licenses and references of the contractor have been reviewed and verified by staff, and all other d ocumentation is in order. The anticipated contract schedule is as follows:
92 Item 430/2024
Award of contract October 22, 2024
Project Kickoff November 18, 2024
Procurement of Long Lead Items
(8+months)
August 14, 2025
Begin construction August 15, 2025
Complete construction August 31, 2026
FINANCIAL IMPACT
Total project cost is $2,473,084, and will be funded by the Water enterprise fund. Funding is included in the adopted 2024-2025 Capital Improvements Budget.
RECOMMENDATION
It is recommended that the City Council:
Award a contract to LEED Electrics, Inc. for $2,473,084 for the construction of Project No. CP1268288 – Lampson, Magnolia, and West Garden Grove Reservoir/BPS Improvements Project; and
Authorize the City Manager, or designee, to execute the agreements on behalf of the City and make minor modifications as appropriate.
By: Rebecca Li, P.E., Senior Civil Engineer
ATTACHMENT(S)
Bid Summary
Construction Agreement
93 ATTACHMENT NO. 1
CITY OF GARDEN GROVE
PUBLIC WORKS DEPARTMENT
WATER SERVICES DIVISION
BID SUMMARY SHEET
PROJECT: CP 1268288 – Lampson, Magnolia, and
West Garden Grove Reservoir/BPS
SCADA Improvements Project
BID OPENING
DATE: October 2, 2024
TIME: 11:00 AM
Engineer’s
Facility Name Estimate Contract Amount
Lampson, Magnolia and West Garden
Grove Reservoirs/BPS sites
$2,250,120 $2,473,084
Bidder’s Name
Total Bid
%Under
/Over
Engineers
Estimate
1. 2 LEED Electric, Inc. $2,473,084.00 9.9%
2. CDM Smith $2,825,323.09 25.6%
3. R2Build dba R2B Engineering $2,989,000.00 32.8%
94 SECTION 5 - AGREEMENT
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SECTION 5 - CONSTRUCTION AGREEMENT
THIS AGREEMENT is made this _22th_ day of _October_, 2024_, by the CITY OF GARDEN GROVE (“CITY”), and _LEED Electric, Inc.___, hereinafter referred to as (“CONTRACTOR”) RECITALS:
The following recitals are a substantive part of this Agreement:
1. This Agreement is entered into pursuant to City of Garden Grove Council Authorization dated __October 22, 2024___.
2. CITY desires to utilize the services of CONTRACTOR to furnish material, equipment, and labor for SCADA MASTER PLAN IMPLEMENTATION LAMPSON, MAGNOLIA, AND WEST GG RESERVOIR/BPS SCADA IMPROVEMENTS PROJECT - Project No. CP1268288 -- Drawing No. W-637.
3. CONTRACTOR is qualified by virtue of experience, training, education, and expertise to accomplish services.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
5.1 General Conditions. CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon CONTRACTOR'S investigation of all such matters and is in no way relying upon any opinions or representations of CITY. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, Plans, Specifications and CONTRACTOR's Proposal, are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its SUBCONTRACTORs, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract.
"Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to CITY’S Engineer, without whose decision CONTRACTOR shall not adjust said discrepancy save only at CONTRACTOR's own risk and expense. The decision of the Engineer shall be final.
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5.2 Materials and Labor. CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at CONTRACTOR'S own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the CITY, to construct and complete the project, in good workmanlike and substantial order.
If CONTRACTOR fails to pay for labor or materials when due, CITY may settle such claims by making demand upon the surety to this Agreement. In the event of the failure or refusal of the surety to satisfy said claims, CITY may settle them directly and deduct the amount of payments from the Contract price and any amounts due to CONTRACTOR. In the event CITY receives a stop notice from any laborer or material supplier alleging non-payment by CONTRACTOR, CITY shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees.
5.3 Project. The PROJECT is described as: SCADA MASTER PLAN IMPLEMENTATION
LAMPSON, MAGNOLIA, AND WEST GG RESERVOIR/BPS SCADA IMPROVEMENTS PROJECT - Project No. CP1268288 -- Drawing No. W-637.
5.4 Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: SCADA MASTER PLAN IMPLEMENTATION LAMPSON,
MAGNOLIA, AND WEST GG RESERVOIR/BPS SCADA IMPROVEMENTS PROJECT - Project No. CP1268288 -- Drawing No. W-637.
Said Plans and Specifications and any revision, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. The work to be done must also be in accordance with the General Provisions, Standard Specifications and Standard Plans of the CITY, which are also incorporated herein and referred to by, reference.
5.5 Time of Commencement and Completion. CONTRACTOR shall have twenty-one (21) calendar days from the award of the Contract to execute the Contract and supply CITY with all of the documents and information required by the Instruction to Bidders and the other Contract Documents, including but not limited to, the necessary bonds and insurance certificates and endorsements. Once the CITY receives the executed Contract and all of the other properly drafted and executed documents and information, it may issue a Notice to Proceed to the CONTRACTOR. If CONTRACTOR refuses or fails to execute the Contract or refuses or fails to provide the required documents and information within the twenty-one (21) calendar days, the CITY may then rescind the award of the Contract and then award the Contract to the next lowest responsive and responsible bidder.
Due to long lead items require in this project, two Notices to Proceed will be issued for this contract. The first Notice to Proceed will be issued upon the contract is awarded to place order of the long lead items. Upon receipt of the Notice to Proceed, CONTRACTOR agrees to submit shop drawings for all long lead items (i.e. control panels and their components) within twenty (20) working days . The Contractor shall work closely with manufacturers to provide the delivery of the long lead items within two-hundred and seventy (270) calendar days from the first Notice to Proceed excluding delays caused or authorized by the CITY as set forth in Sections 5.7, 5.8, and 5.9 hereof. A second Notice to Proceed will be issued for the construction of the project once the long lead items for the first site to be constructed are close to / being delivered. Upon receipt of the second Notice to Proceed, the CONTRACTOR shall diligently prosecute the work to completion 96 SECTION 5 - AGREEMENT (Continue)
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within two-hundred and fifty (250) total working days excluding delays caused or authorized by the CITY as set forth in Sections 5.7, 5.8 and 5.9 her eof. The Wells, Reservoirs, Booster Pump Stations, and all facilities associated with Lampson Reservoir/BPS, Magnolia Reservoir/BPS, Well 27, and West GG Reservoir/BPS shall maintain normal operations until the second Notice to Proceed.
Upon issuance of the second NTP, site preparation activities will commence at Lampson Reservoir/BPS, followed by Magnolia Reservoir/BPS (including Well 27), and lastly at West GG Reservoir/BPS. Site preparation activities include routing of cables and conduits, installation of junction boxes, and installation of new control panels. All site preparation activities shall cause no interruption to operation of the City’s facilities.
Once site preparation activities are complete at all sites, c onstruction shall begin at Lampson Reservoir/BPS and be completed within fifteen (15) working days. Once work is complete at Lampson Reservoir/BPS and the site is functioning properly, construction shall begin at Magnolia Reservoir/BPS (including Well 27) and shall be completed within eighteen (18) working days. Once work is complete at Magnolia Reservoir/BPS (including Well 27) and the site is functioning properly, construction shall begin at West GG Reservoir/BPS and shall be completed within twenty-seven (27) working days. Site preparation activities that do not require an interruption to the process (ie. Conduit routing, cable routing, installation of new instruments, etc.) may be executed concurrently and prior to site shutdown. However, there shall be no overlap in shutdown times betwee n each site.
5.6 Time is of the Essence. Time is of the essence of this Contract. As required by the Contract Documents, CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of CONTRACTOR'S work in conformance with an approved construction progress schedule. CONTRACTOR shall coordinate the work covered by this Contract with that of all other CONTRACTORs, SUBCONTRACTORs and of the CITY, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5.5 herein. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other SUBCONTRACTORS, and, in general, all matters representing the timely and orderly conduct of the work of CONTRACTOR on the premises.
5.7 Excusable Delays. CONTRACTOR shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather; damages caused by fire or other casualty for which CONTRACTOR is not responsible; any act of negligence or default of CITY; failure of CITY to make timely payments to CONTRACTOR; late delivery of materials required by this CONTRACT to be furnished by CITY; combined action of the workers in no way caused by or resulting from default or collusion on the part of CONTRACTOR; a lockout by CITY; or any other delays unforeseen by CONTRACTOR and beyond CONTRACTOR's reasonable control.
CITY shall extend the time fixed in Section 5.5 herein for completion of the Project by the number of days CONTRACTOR has thus been delayed, provided that CONTRACTOR presents a written request to CITY for such time extension within fifteen (15) days of the 97 SECTION 5 - AGREEMENT (Continue)
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commencement of such delay and CITY finds that the delay is justified. CITY 'S decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by CONTRACTOR.
No claims by CONTRACTOR for additional compensation or damages for delays will be allowed unless CONTRACTOR satisfies CITY that such delays were unavoidable and not the result of any action or inaction of CONTRACTOR and that CONTRACTOR took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities would be determined in accordance with SPECIAL PROVISIONS and Section 3-3 of the Standard Specifications for Public Works Construction 2009 Edition (GREEN BOOK). The CITY’S decision will be conclusive on all parties to this Contract.
5.8 Extra Work. The Contract price includes compensation for all work performed by CONTRACTOR, unless CONTRACTOR obtains a written change order signed by a designated representative of CITY specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 5.9 hereof.
CITY shall extend the time fixed in Section 5.5 for completion of the Project by the number of days reasonably required for CONTRACTOR to perform the extra work, as determined by CITY’S Engineer. The decision of the Engineer shall be final.
5.9 Changes in Project.
5.9.1 CITY may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes:
a. In the Specifications (including drawings and designs); b. In the time, method or manner of performance of the work; c. In the CITY -furnished facilities, equipment, materials, services or site; or d. Directing acceleration in the performance of the work.
If CONTRACTOR believes that the written order issued as part of this Section
5.9.1 has caused an increase in costs or time, the CONTRACTOR shall submit a written request for equitable adjustment to the CITY that includes a detailed cost breakdown and time impact analysis in sufficient detail to allow the CITY to analyze the request. Said notice shall be submitted via certified mail within twenty (20) days of the CONTRACTOR’S receipt of the written order. CONTRACTOR’S failure to submit the written request for equitable adjustment within the required twenty (20) days shall constitute a waiver of any potential change order or claim for said alleged change. The CITY shall review CONTRACTOR’S request and shall provide a written response within thirty (30) days of receipt of the request either approving or denying the request.
5.9.2 A change may also be any other conflict, difficulty or issue which the CONTRACTOR believes caused any change to the CONTRACTOR’S costs or project schedule, provided CONTRACTOR gives the CITY written notice and a 98 SECTION 5 - AGREEMENT (Continue)
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request for equitable adjustment that includes a detailed cost breakdown and time impact analysis in sufficient detail to allow the CITY to analyze the request.
The notice shall also state the date the CONTRACTOR became aware of the issue, circumstances and source of the issue and that CONTRACTOR regards the issue as a change order. Said written notice shall be delivered to the CITY via certified mail within twenty (20) days of CONTRACTOR’S first notice of the issue. CONTRACTOR’S failure to submit the notice, which includes the written request for equitable adjustment within the required twenty (20) days shall constitute a waiver of ant potential change order or claim for said alleged change.
The CITY shall review CONTRACTOR’S request and shall provide a written response within thirty (30) days of receipt of the request either approving or denying the request.
5.9.3 Except as provided in this Section 5.9, no order, statement or conduct of the CITY or its representatives shall be treated as a change under this Section 5.9 or entitle CONTRACTOR to an equitable adjustment.
5.9.4 Except for claims based on defective specifications, no claim for any change under paragraph 5.9.1 or 5.9.2 above shall be allowed for any work performed more than 20 days before the CONTRACTOR gives written notice as required in paragraphs 5.9.1 and 5.9.2. In the case of defective specifications for which the CITY is responsible, the equitable adjustment shall include any increased direct cost CONTRACTOR reasonably incurred in attempting to comply with those defective specifications.
5.9.5 If CONTRACTOR intends to assert a claim for an equitable adjustment under this Section 5.9, it must, within thirty (30) days after receipt of a denial of a request for equitable adjustment under paragraphs 5.9.1 and 5.9.2, submit a written statement to the CITY setting forth the general nature and monetary extent of such claim. The CITY may extend the 30-day period. CONTRACTOR’S failure to submit the notice of a claim, within the required thirty (30) days shall constitute a waiver of the claim by the CONTRACTOR.
5.9.6 No claim by CONTRACTOR for an equitable adjustment shall be allowed if made after final payment under this Agreement.
5.9.7 CONTRACTOR hereby agrees to make any and all changes, furnish the materials and perform the work that CITY may require without nullifying this Contract. CONTRACTOR shall adhere strictly to the Plans and Specifications unless a change there from is authorized in writing by the CITY. Under no condition shall CONTRACTOR make any changes to the Project, either in additions or deductions, without the written order of the CITY and the CITY shall not pay for any extra charges made by CONTRACTOR that have not been agreed upon in advance in writing by the CITY. CONTRACTOR shall submit immediately to the CITY written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the CITY and the proper cost or credit breakdowns therefore shall be submitted without delay by CONTRACTOR to CITY.
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5.10 Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5.5 herein, plus the allowance made for delays or extensions authorized under Sections 5.7, 5.8 and 5.9 herein, the CITY will sustain damage which would be extremely difficult and impractical to ascertain. The parties therefore agree that CONTRACTOR will pay to CITY the sum of One Thousand Five Hundred dollars ($1,500.00) per day for each and every calendar day during which completion of the Project is so delayed. The liquidated damages will be applied separately for the two Notices to Proceed: the delivery of long lead items, and for the project c ompletion (See Section 5.5). CONTRACTOR agrees to pay such liquidated damages and further agrees that CITY may offset the amount of liquidated damages from any monies due or that may become due CONTRACTOR under the Contract.
5.11 Contract Price and Method of Payment. CITY agrees to pay and the CONTRACTOR agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum of __Two Million, Four Hundred Seventy Three Thousand, Eighty four dollars and 00/100 ($ 2,473,084.00__) as itemized in the bid proposal.
Progress payments shall be made to the CONTRACTOR on a monthly basis for each successive month as the work progresses. The CONTRACTOR shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety-five percent (95%) of the value of the work completed, less all previous payments, provided that the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule. The CITY will retain five percent (5%) of the amount of each such progress estimate and material cost until 35 days after the recordation of the Notice of Completion.
Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the CITY’S Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract. Partial payments of the Contract price shall not be considered as an acceptance of any part of the work.
5.12 Substitution of Securities in Lieu of Retention of Funds. Pursuant to Public Contract Code § 22300, the CONTRACTOR will be entitled to post approved securities with the CITY or an approved financial institution in order to have the CITY release funds retained by the CITY to ensure performance of the Contract. CONTRACTOR shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution.
5.13 Completion. Within 10 days after the contract completion date of the Project, CONTRACTOR shall file with the CITY’S Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all SUBCONTRACTORs upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been filed under the provisions of the statutes of the State of California. CITY may require affidavits 100
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or certificates of payment and/or releases from any SUBCONTRACTOR, laborer or material supplier.
5.14 CONTRACTOR's Employees Compensation
5.14.1 General Prevailing Rate. CITY has ascertained that State prevailing wage requirements of the California Labor Code including Sections 1770, 1771.5, 1773, 1777.5, and 1776 are required to execute this Contract. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the CONTRACTOR and the SUBCONTRACTORs shall pay not less than the higher wage rate. The CITY will not accept the lower State wage rates. This includes “helper” (or other classifications based on hours of experience) or any other classification. A copy of the prevailing rate of per diem wages shall be posted at the job site.
5.14.2 Forfeiture for Violation. CONTRACTOR shall, as a penalty to the CITY, forfeit one hundred dollars ($100.00) for each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or any SUBCONTRACTOR under it) less than the greater of State minimum wage rate associated with the duties of the employee in question, in accordance with the State prevailing wage requirements of the California Labor Code, including Sections 1770, 1771.5, 1773, 1777.5, and 1776.
5.14.3 Apprentices. The greater of Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices is applicable to this Contract and the CONTRACTOR shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty CONTRACTORs not bidding for work through the general or prime CONTRACTOR are two thousand dollars ($2,000.00) or more for five (5) working days or more.
5.14.4 Workday. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (5.14.2) above. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.) of the Labor Code of the State of California, and shall forfeit to the CITY as a penalty, the sum of twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by CONTRACTOR or any SUBCONTRACTOR for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article.
CONTRACTOR shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by CONTRACTOR in connection with the Project.
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5.14.5 Record of Wages: Inspection. CONTRACTOR agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual State prevailing wage paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its SUBCONTRACTORs does the same. The applicable CONTRACTOR or SUBCONTRACTOR or its agent having authority over such matters shall certify all payroll records as accurate. CONTRACTOR further agrees that its payroll records and those of its SUBCONTRACTORs shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general.
CONTRACTOR shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). The CONTRACTOR shall submit copies of certified payroll reports and cancelled checks for laborers, every week to the CITY.
Certified payroll and cancelled checks submittals are due one month after start of construction and every week thereafter. If the certified payroll and cancelled checks are not submitted, the CONTRACTOR will be notified that compliance is required within five (5) working days or contract work must cease. The CITY will not be responsible for any delay or acceleration charges or any incurred costs or damages as a result of the work stoppage due to CONTRACTOR’s failure to comply. Work shall be cease in an orderly, safe fashion with all vehicle access restored, should this not occur, CITY will correct the deficiencies and deduct the cost from funds due to the CONTRACTOR. In addition, no progress payment shall be made until the copies of certified payroll reports and cancelled checks are submitted.
5.14.6 Contractor Registration. CONTRACTOR and its subcontractors must be registered with the California Department of Industrial Relations pursuant to Labor Code Section 1725.5. This Agreement shall not be effective until CONTRACTOR provides proof of registration to the CITY.
5.14.7 Posting of Job Site Notices. CONTRACTOR shall comply with the job site notices posting requirements established by the Labor Commissioner pursuant to Title 8, California Code of Regulations Section 16461(e) or other regulation promulgated pursuant to Labor Code Section 1771.4(a)(2).
5.14.8 Notice of DIR Compliance Monitoring and Enforcement. Pursuant to Labor Code Section 1771.4, this Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.
5.15 Surety Bonds. CONTRACTOR shall, upon entering into performance of this Agreement, furnish bonds in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price bid to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the CITY.
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5.16 Insurance.
5.16.1 CONTRACTOR is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract.
5.16.2 CONTRACTOR and all SUBCONTRACTORs shall carry workers' compensation insurance for the protection of its employees during the progress of the work.
The insurer shall waive its rights of subrogation against the CITY, its Officers, Official Agents Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City and shall issue an insurance certificate and waiver of subrogation to the policy evidencing same.
5.16.3 CONTRACTOR shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations bodily injury and property damage coverage; and builders' all risk insurance. Follows Form excess liability insurance shall be provided for any underlying policy that does not meet the policy limits required by this contract.
All insurance coverage shall be in amounts specified by the CITY in the Insurance Requirements and shall be evidenced by the issuance of a certificate and additional insured endorsement in forms prescribed by the CITY and shall be underwritten by insurance companies satisfactory to the CITY for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Claims made and modified occurrence policies shall not be accepted. Said insurance coverage obtained by the CONTRACTOR, excepting workers' compensation coverage, shall name the CITY, its Officers, Official, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY, as additional insured on said policies. Additional insured status shall be evidenced in the form of an Additional insured Endorsement (CG 20 10 1185). A sample is included in the appendix of the specifications for reference.
For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects the CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents, and Employees, as determined by the CITY. Any insurance or self- insurance maintained by the CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents, and Employees, as determined by the CITY shall be excess of the CONTRACTOR’s insurance and not contribute with it.
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5.16.4 Before CONTRACTOR performs any work at, or prepares or delivers materials to, the site of construction, CONTRACTOR shall furnish:
COMMENCEMENT OF WORK. CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify CITY of any material change, cancellation, or termination at least thirty (30) days in advance.
Contractor shall also provide a waiver of subrogation for each policy.
INSURANCE AMOUNTS. CONTRACTOR shall maintain all of the foregoing insurance coverage in force until the work under this Contract is fully completed.
The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 5.17 of this Contract. Notwithstanding nor diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted and licensed in California and having a Best's Guide Rating of A-Class VII or better (Claims made and modified occurrence policies are not acceptable):
Workers’ Compensation As required by the State of California.
Employer’s Liability $1,000,000 per accident for bodily injury or disease.
Commercial General Liability
(including operations, products
and completed operations, and not
excluding XCU)
$5,000,000 per occurrence for bodily
injury, personal injury and property
damage. Coverage shall include mobile
equipment.
Automobile Liability, including
non-owned and hired vehicles
$2,000,000 combined single limit for
bodily injury and property damage.
Contractor’s Pollution Legal
Liability
$1,000,000 per occurrence or claim, and
$2,000,000 policy aggregate.
Excess liability, follows form coverage, shall be provided for any underlying policy that does not meet the policy limits required and set forth herein. Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A-, Class VII or better, as approved by CITY.
An Additional Insured Endorsement, ongoing and products-completed operations, and including mobile equipment, for the Commercial General Liability policy shall designate CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY 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. 104
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An Additional Insured Endorsement for Automobile Liability policy shall designate CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY 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 CITY.
An Additional Insured Endorsement for Contractors’ Pollution Legal Liability policy shall designate CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY as additional insureds for liability arising out of work or operations performed by or on behalf of the CONTR ACTOR.
CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to City’s requirements, as approved by the CITY.
In the event any of CONTRACTOR’S underlying policies do not meet policy limits within the insurance requirements, CONTRACTOR shall provide coverage under an excess liability policy. The policy must be a follows form excess/umbrella policy. CONTRACTOR shall provide the schedule of underlying polices for an excess/umbrella liability policy, state that the excess/umbrella policy follows form on the insurance certificate, and provide an additional insured endorsement for the excess/umbrella liability policy designating CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY as additional insureds.
A primary/non-contributory endorsement shall be provided to CITY for each policy. For any claims related to this Agreement, CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, agents, employees, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees as determined by CITY. Any insurance or self-insurance maintained by CITY, its officers, officials, agents, employees, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by CITY shall be excess of the CONTRACTOR’s insurance and shall not contribute with it. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.
CITY or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates. CONTRACTOR shall pay the premiums on the insurance hereinabove required.
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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
5.17 Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify and keep the CITY, its Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (CONTRACTOR'S employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigation arising through the negligence or willful misconduct of CITY and will make good to reimburse CITY for any expenditures, including reasonable attorneys' fees CITY may incur by reason of such matters, and if requested by CITY, will defend any such suits at the sole cost and expense of CONTRACTOR.
5.18 Termination.
5.18.1 This Contract may be terminated in whole or in part in writing by the CITY for its convenience, provided that the CONTRACTOR is given (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination.
5.18.2 If termination for default or convenience is effected by the CITY, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the CONTRACTOR at the time of termination may be adjusted to cover any additional costs to the CITY because of the CONTRACTOR'S default.
5.18.3 Upon receipt of a termination action under paragraph (5.18.1) or (5.18.2) above, the CONTRACTOR shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the CONTRACTOR in performing this Contract whether completed or in process.
5.18.4 Upon termination under paragraphs (5.18.1) and (5.18.2) above, the CITY may take over the work and may award another party an agreement to complete the work under this Contract.
5.19 Warranty. The CONTRACTOR agrees to perform all work under this Contract in accordance with the CITY 's designs, drawings and specifications.
The CONTRACTOR guarantees for a period of one (1) year from the date of the notice of completion of the work that the completed work is free from all defects due to faulty 106
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materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs or any damage to other parts of the system resulting from such defects. The CITY shall promptly give notice to the CONTRACTOR of observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs, corrections or other work made necessary by such defects, the CITY may do so and charge the CONTRACTOR the cost incurred. The performance bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR'S obligations under this clause are in addition to the CONTRACTOR'S other express or implied assurances of this Contract or state law and in no way diminish any other rights that the CITY may have against the CONTRACTOR for faulty materials, equipment or work.
5.20 Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, each shall bear its own attorneys' fees, costs and necessary disbursements. Notwithstanding the foregoing, if any action is brought against the CONTRACTOR or any SUBCONTRACTOR to enforce a Stop Notice or Notice to Withhold, which named the CITY as a party to said action, the CITY shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the CITY. The CITY shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not.
5.21 Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing.
To CITY: To CONTRACTOR:
City of Garden Grove ___Seth A. Jamali Dinan___
Public Works Department __LEED Electric, Inc.______
Attention: Rebecca Li, P.E. __13138 Artic Circle_______ 13802 Newhope Street Santa Fe Springs, CA 90670
Garden Grove, CA 92843 _______________________
(714) 741-5562
(714) 638-9906 Fax
SIGNATURES ON NEXT PAGE
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IN WITNESS THEREOF, these parties have executed this Construction Agreement on the day and year shown below.
"CITY"
CITY OF GARDEN GROVE
Date:____________________________ By:
Lisa Kim
City Manager
ATTEST:
City Clerk
Date:
"CONTRACTOR"
___________________________________________
CONTRACTOR'S State License No. 379096
(Expiration Date: 7/31/2025 )
By: Seth A. Jamali - Dinan
Title: Chief Executive Officer
Date:
APPROVED AS TO FORM:
______________________________
City of Garden Grove
City Attorney
If CONTRACTOR is a corporation, a Corporate
Resolution and/or Corporate Seal is required.
Date:___________________________
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Item 437/2024
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: William E. Murray
Dept:
City Manager Dept: Public Works
Date: 10/22/2024
Subject: Award a contract to All Cities Engineering, Inc. for the construction of the Chapman Avenue and Dale Street Water Improvements Project, Project No.
CP1361000. (Cost: $4,129,980)(Action Item)
OBJECTIVE
For City Council to award a contract to All Cities Engineering, Inc. for the construction of Project No. CP1361000 – Chapman Avenue and Dale Street Water Improvements Project.
BACKGROUND
The City’s 2020 Water Master Plan Update has identified 228 miles of Asbestos Concrete (AC) pipeline installed in the 1950s to be replaced under the Water Main Replacement Program, as these pipes are nearing the end of their design useful life. At the same time, the Master Plan recommends that the City target smaller diameter mains in its replacement program and prioritize areas with lowest fire flow availability.
In considering the above criteria, the Chapman Avenue and Dale Street Water Improvement Project area was selected. The project consists of constructing new 8- inch water mains and abandoning existing undersized 4 and 6-inch AC water mains in the unincorporated area of Orange County. The entire project consists of installing approximately 9,800 linear feet of 8- inch Polyvinyl chloride Pipe (PVC). The scope of work also includes furn ishing fittings and appurtenances, trenching, shoring, backfilling, compaction, asphalt repair and replacement, street replacement and pipe disinfection and testing. It includes the construction of approximately 19 fire hydrant assemblies, 208 water servic e connections and three (3) connections to the existing water system.
DISCUSSION
On October 9, 2024, at 11:00 a.m., 11 bids were received and opened by the City Clerk’s Office (see Bid Summary Sheet). The lowest responsive bidder is All Cities Engineering, Inc. with a total bid of $ 4,129,980. The licenses and references of the contractor have been reviewed and verified by staff and all other documentation is in order. The anticipated contract schedule is as follows:
109
Item 437/2024
Award contract October 22, 2024
Begin construction December 2, 2024
Complete construction May 30, 2025
FINANCIAL IMPACT
The cost of the construction contract for Project No. CP1361000 – Chapman Avenue and Dale Street Water Improvements Project is $4,129,980. It will be funded by the Water utility fund.
This project is included in the adopted Fiscal Year 2024-2025 Capital Improvement Plan budget.
RECOMMENDATION
It is recommended that the City Council:
Award a contract to All Cities Engineering, Inc. for $4,129,980 for the construction of Project No. CP1361000, Chapman Ave nue and Dale St reet Water Improvement Project; and
Authorize the City Manager, or designee, to execute the agreements on behalf of the City, and make minor modifications as appropriate.
By: Jessica Polidori, Associate Engineer
ATTACHMENT(S)
1. Section 5 - Agreement
2. Bid Summary Sheet
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28 August 2024
SECTION 5 – AGREEMENT
CONSTRUCTION AGREEMENT
THIS AGREEMENT is made this 22nd day of October, 2024, by the CITY OF GARDEN GROVE (“CITY”), and ALL CITIES ENGINEERING, INC., hereinafter referred to as (“CONTRACTOR”) RECITALS:
The following recitals are a substantive part of this Agreement:
1. This Agreement is entered into pursuant to City of Garden Grove Council Authorization dated October 22, 2024.
2. City desires to utilize the services of CONTRACTOR to furnish material, equipment, and labor for the Chapman Avenue & Dale Street Water Improvement Project - CP No. 1361000 -- Drawing No. W-632.
3. CONTRACTOR is qualified by virtue of experience, training, education, and expertise to accomplish services.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
General Conditions . CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and e nters into this Contract based upon CONTRACTOR'S investigation of all such matters and is in no way relying upon any opinions or representations of CITY. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, Plans, Specifications and CONTRACTOR's Proposal, are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its SUBCONTRACTORs, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract. "Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to CITY’S Engineer, without whose decision CONTRACTOR shall not adjust said discrepancy save only at CONTRACTOR's own risk and expense. The decision of the Engineer shall be final.
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August 2024
Materials and Labor. CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at CONTRACTOR'S own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the CITY, to construct and complete the project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or materials when due, CITY may settle such claims by making demand upon the surety to this Agreement. In the event of the failure or refusal of the surety to satisfy said claims, CITY may settle them directly and deduct the amount of payments from the Contract price and any amounts due to CONTRACTOR. In the event CITY receives a stop noti ce from any laborer or material supplier alleging non-payment by CONTRACTOR, CITY shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees.
Project. The PROJECT is descr ibed as: Chapman Avenue & Dale Street Water Improvement Project - CP No. 1361000 -- Drawing No. W-639.
Plans and Specifications . The work to be done is shown in a set of detailed Plans and Specifications entitled: Chapman Avenue & Dale Street Water Improve ment Project - CP No. 1361000 -- Drawing No. W-639.
Said Plans and Specifications and any revision, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. The work to be done must also be in accordance with the General Provisions, Standard Specifications and Standard Plans of the CITY, which are also incorporated herein and referred to by, reference.
Time of Commencement and Completion . CONTRACTOR shall have twenty-one (21) calendar days from the award of the Contract to execute the Contract and supply CITY with all of the documents and information required by the Instruction to Bidders and the other Contract Documents, including but not limited to, the necessary bonds and insurance certificates and endorsements. Once the CITY receives the executed Contract and all of the other properly drafted and executed documents and information, it may issue a Notice to Proceed to the CONTRACTOR. If CONTRACTOR refuses or fails to execute the Cont ract or refuses or fails to provide the required documents and information within the twenty -one (21) calendar days, the CITY may then rescind the award of the Contract and then award the Contract to the next lowest responsive and responsible bidder.
Upon receipt of the Notice to Proceed, CONTRACTOR agrees to submit shop drawings, proof of payment for materials from supplier and traffic control plans within fourteen (14) calendar days . Further, upon receipt of the Notice to Proceed the CONTRACTOR shall diligently prosecute the work to completion within one hundred twenty (120) total working days excluding delays caused or authorized by the CITY as set forth in Sections 5.7, 5.8 and 5.9 hereof.
Time is of the Essence . Time is of the essence of this Contr act. As required by the Contract Documents, CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of CONTRACTOR'S work in conformance with an approved con struction progress schedule. CONTRACTOR shall coordinate the work covered by this Contract with that of all other CONTRACTORs, SUBCONTRACTORs and of the CITY, in a manner that will facilitate the efficient completion of the entire work in accordance with S ection 5.5 herein. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other 112
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SUBCONTRACTORS, and, in general, all matters representing the timely and orderly conduct of the work of CONTRACTOR on the premises.
Excusable Delays . CONTRACTOR shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather; damages caused by fire or other casualty for which CONTRACTOR is not responsible; any act of negligence or default of CITY; failure of CITY to make timely payments to CONTRACTOR; late delivery of materials required by this CONTRACT to be furnished by CITY; combined action of the workers in no way caused by or resulting from default or collusion on the part of CONTRACTOR; a lockout by CITY; or any other delays unforeseen by CONTRACTOR and beyond CONTRACTOR's reasonable control.
CITY shall extend the time fixed in Section 5.5 herein for completion of the Project by the number of days CONTRACTOR has thus been delayed, provided that CONTRACTOR presents a written request to CITY for such time extension within fifteen (15) days of the commencement of such delay and CITY finds that the delay is justified. CITY 'S decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by CONTRACTOR.
No claims by CONTRACTOR for additional compensation or damages for delays will be allowed unless CONTRACTOR satisfies CITY that such delays were unavoidable and not the result of any action or inaction of CONTRACTOR and that CONTRACTOR took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities would be determined in accordance with SPECIAL PROVISIONS and Section 3-3 of the Standard Specifications for Public Works Construction 2009 Edition (GREEN BOOK). The CITY’S decision will be conclusive on all parties to this Contract.
Extra Work . The Contract price includes compensation for all work performed by CONTRACTOR, unless CONTRACTOR obtains a written change order signed by a designated representative of CITY specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 5.9 hereof.
CITY shall extend the time fixed in Section 5.5 for completion of the Project by the number of days reasonably required for CONTRACTOR to perform the extra work, as determined by CITY’S Engineer. The decision of the Engineer shall be final.
5.6 Changes in Project.
5.9.1 CITY may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes:
a. In the Specifications (including drawings and designs); b. In the time, method or manner of performance of the work; c. In the CITY -furnished facilities, equipment, materials, services or site; or d. Directing acceleration in the performance of the work.
If CONTRACTOR believes that the written order issued as part of this Section
5.9.1 has caused an increase in costs or time, the CONTRACTOR shall submit a written request for equitable adjustment to the CITY that includes a detailed cost breakdown and time impact analysis in sufficient detail to allow the CITY to analyze the request. Said notice shall be submitted via certified mail within twenty 113
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(20) days of the CONTRACTOR’S receipt of the written order. CONTRACTOR’S failure to submit the written request for equitable adjustment within the required twenty (20) days shall constitute a waiver of any potential change order or claim for said alleged change. The CITY shall review CONTRACTOR’S request and shall provide a written response within thirty (30) days of receipt of the request either approving or denying the request.
5.9.2 A change may also be any other conflict, difficulty or issue which the CONTRACTOR believes caused any change to the CONTRACTOR’S costs or project schedule, provided CONTRACTOR gives the CITY written notice and a request for equitable adjustment that includes a detailed cost breakdown an d time impact analysis in sufficient detail to allow the CITY to analyze the request.
The notice shall also state the date the CONTRACTOR became aware of the issue, circumstances and source of the issue and that CONTRACTOR regards the issue as a change ord er. Said written notice shall be delivered to the CITY via certified mail within twenty (20) days of CONTRACTOR’S first notice of the issue. CONTRACTOR’S failure to submit the notice, which includes the written request for equitable adjustment within the r equired twenty (20) days shall constitute a waiver of ant potential change order or claim for said alleged change.
The CITY shall review CONTRACTOR’S request and shall provide a written response within thirty (30) days of receipt of the request either appr oving or denying the request.
5.9.3 Except as provided in this Section 5.9, no order, statement or conduct of the CITY or its representatives shall be treated as a change under this Section 5.9 or entitle CONTRACTOR to an equitable adjustment.
5.9.4 Except for claims based on defective specifications, no claim for any change under paragraph 5.9.1 or 5.9.2 above shall be allowed for any work performed more than 20 days before the CONTRACTOR gives written notice as required in paragraphs 5.9.1 and 5.9.2. In the case of defective specifications for which the CITY is responsible, the equitable adjustment shall include any increased direct cost CONTRACTOR reasonably incurred in attempting to comply with those defective specifications.
5.9.5 If CONTRACTOR intend s to assert a claim for an equitable adjustment under this Section 5.9, it must, within thirty (30) days after receipt of a denial of a request for equitable adjustment under paragraphs 5.9.1 and 5.9.2, submit a written statement to the CITY setting forth the general nature and monetary extent of such claim. The CITY may extend the 30-day period. CONTRACTOR’S failure to submit the notice of a claim, within the required thirty (30) days shall constitute a waiver of the claim by the CONTRACTOR.
5.9.6 No claim by CONTRACTOR for an equitable adjustment shall be allowed if made after final payment under this Agreement.
5.9.7 CONTRACTOR hereby agrees to make any and all changes, furnish the materials and perform the work that CITY may require without nullifyi ng this Contract. CONTRACTOR shall adhere strictly to the Plans and Specifications unless a change there from is authorized in writing by the CITY. Under no condition shall CONTRACTOR make any changes to the Project, either in additions or deductions, without the written order of the CITY and the CITY shall 114
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not pay for any extra charges made by CONTRACTOR that have not been agreed upon in advance in writing by the CITY. CONTRACTOR shall submit immediately to the CITY written copies of its firm's cost or cre dit proposal for change in the work. Disputed work shall be performed as ordered in writing by the CITY and the proper cost or credit breakdowns therefore shall be submitted without delay by CONTRACTOR to CITY.
5.10 Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5.5 herein, plus the allowance made for delays or extensions authorized under Sections 5.7, 5.8 and 5.9 herein, the CITY will sustain damage which would be extremely difficult and impractical to ascertain. The parties therefore agree that CONTRACTOR will pay to CITY the sum of One Thousand Five Hundred dollars ($1,500.00) per day for each and every calenda r day during which completion of the Project is so delayed.
CONTRACTOR agrees to pay such liquidated damages and further agrees that CITY may offset the amount of liquidated damages from any monies due or that may become due CONTRACTOR under the Contract.
5.11 Contract Price and Method of Payment . CITY agrees to pay and the CONTRACTOR agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum of _Four million one hundred twenty nine thousand nine hundred and eighty Dollars and 00/100 ($ 4,129,980.00) as itemized in the bid proposal.
Progress payments shall be made to the CONTRACTOR on a monthly basis for each successive month as the work pr ogresses. The CONTRACTOR shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety-five percent (95%) of the value of the work completed, less all previous payments, provided that the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule. The CITY will retain five percent (5%) of the amount of each such progress estimate and material cost until 35 days after the recordation of the Notice of Completion.
Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the CITY’S Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract. Partial payments of the Contract price shall not be considered as an acceptance of any part of the work.
5.12 Substitution of Securities in Lieu of Retention of Funds. Pursuant to Public Contract Code § 22300, the CONTRACTOR will be entitled to post approved secur ities with the CITY or an approved financial institution in order to have the CITY release funds retained by the CITY to ensure performance of the Contract. CONTRACTOR shall be required to execute an addendum to this Contract together with escrow instructi ons and any other documents in order to effect this substitution.
5.13 Completion. Within 10 days after the contract completion date of the Project, CONTRACTOR shall file with the CITY’S Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all SUBCONTRACTORs upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been filed 115
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under the provisions of the statutes of the State of California. CITY may require affidavits or certificates of payment and/or releases from any SUBCONTRACTOR, laborer or material supplier.
5.14 CONTRACTOR's Employees Compensation
5.14.1 General Prevailing Rate . CITY has ascertained that State prevailing wage requirements of the California Labor Code including Sections 1770, 1771.5, 1773, 1777.5, and 1776 are required to execute this Con tract. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labo r, the CONTRACTOR and the SUBCONTRACTORs shall pay not less than the higher wage rate. The CITY will not accept the lower State wage rates. This includes “helper” (or other classifications based on hours of experience) or any other classification. A copy o f the prevailing rate of per diem wages shall be posted at the job site.
5.14.2 Forfeiture for Violation. CONTRACTOR shall, as a penalty to the CITY, forfeit one hundred dollars ($100.00) for each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or any SUBCONTRACTOR under it) less than the greater of State minimum wage rate associated with the duties of the employee in question, in accordance with the State prevailing wage requirements of the California Labor Code, including Sections 1770, 1771.5, 1773, 1777.5, and 1776.
5.14.3 Apprentices. The greater of Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices is applicable to this Contract and the CONTRACTOR shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty CONTRACTORs not bidding for work through the general or prime CONTRACTOR are two thousand dollars ($2,000.00) or more for five (5) working days or more.
5.14.4 Workday. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (5.14.2) above. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.) of the Labor Code of the State of California, and shall forfeit to the CITY as a penalty, the sum of twenty -five Dollars ($25.00) for each worker employed in the execution of this Contract by CONTRACTOR or any SUBCONTRACTOR for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article.
CONTRACTOR shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by CONTRACTOR in connection with the Project.
5.14.5 Record of Wages: Inspection. CONTRACTOR agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and 116
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the actual State prevailing wage paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its SUBCONTRACTORs does the same. The applicable CONTRACTOR or SUBCONTRACTOR or its agent having authority over such matters sh all certify all payroll records as accurate. CONTRACTOR further agrees that its payroll records and those of its SUBCONTRACTORs shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general.
CONTRACTOR shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant t o Labor Code Section 1771.4(a)(3). The CONTRACTOR shall submit copies of certified payroll reports and cancelled checks for laborers, every week to the CITY.
Certified payroll and cancelled checks submittals are due one month after start of construction and every week thereafter. If the certified payroll and cancelled checks are not submitted, the CONTRACTOR will be notified that compliance is required within five (5) working days or contract work must cease. The CITY will not be responsible for any delay or acceleration charges or any incurred costs or damages as a result of the work stoppage due to CONTRACTOR’s failure to comply. Work shall be ceased in an orderly, safe fashion with all vehicle access restored, should this not occur, CITY will correct the deficiencies and deduct the cost from funds due to the CONTRACTOR. In addition, no progress payment shall be made until the copies of certified payroll reports and cancelled checks are submitted.
5.14.6 Contractor Registrat ion. CONTRACTOR and its subcontractors must be registered with the California Department of Industrial Relations pursuant to Labor Code Section 1725.5. This Agreement shall not be effective until CONTRACTOR provides proof of registration to the CITY.
5.14.7 Posting of Job Site Notices. CONTRACTOR shall comply with the job site notices posting requirements established by the Labor Commissioner pursuant to Title 8, California Code of Regulations Section 16461(e) or other regulation promulgated pursuant to Labor Code Section 1771.4(a)(2).
5.14.8 Notice of DIR Compliance Monitoring and Enforcement. Pursuant to Labor Code Section 1771.4, this Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.
5.15 Surety Bonds. CONTRACTOR shall, upon entering into performance of this Agreement, furnish bonds in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price bid to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the CITY.
5.16 Insurance.
5.16.1 CONTRACTOR is also aware of the provisions of Secti on 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or undertake self-insurance in accordance with the provisions of 117
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that Code, and will comply with such provisions before commencing the performance of the work of this Contract.
5.16.2 CONTRACTOR and all SUBCONTRACTORs shall carry workers' compensation insurance for the protection of its employees during the progress of the work.
The insurer shall waive its rights of subrogation against the CITY, its O fficers, Official Agents Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City and shall issue an insurance certificate and waiver of subrogation to the policy evidencing same.
5.16.3 CONTRACTOR shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations bodily inju ry and property damage coverage; and builders' all risk insurance. Follows Form excess liability insurance shall be provided for any underlying policy that does not meet the policy limits required by this contract.
All insurance coverage shall be in amount s specified by the CITY in the Insurance Requirements and shall be evidenced by the issuance of a certificate and additional insured endorsement in forms prescribed by the CITY and shall be underwritten by insurance companies satisfactory to the CITY for a ll operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non -owned vehicles. Claims made and modified occurrence policies shall not be accepted. Said insurance coverage obtained by the CONTRACTOR, ex cepting workers' compensation coverage, shall name the CITY, its Officers, Official, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY, as additional insured on said policies. Additional insured status shall be evidenced in the form of an Additional insured Endorsement (CG 20 10 1185). A sample is included in the appendix of the specifications f or reference.
For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects the CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents, and Employees, as determined by the CITY. Any insurance or self - insurance maintained by the CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents, and Employees, as determined by the CITY shall be excess of the CONTRACTOR’s insurance and not contribute with it.
5.16.4 Before CONTRACTOR performs any work at, or prepares or delivers materials to, the site of construction, CONTRACTOR shall furnish:
COMMENCEMENT OF WORK . CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify CITY of any material 118
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change, cancellation, or termination at least thirty (30) days in advance.
Contractor shall also provide a waiver of subrogation for each policy.
INSURANCE AMOUNTS. CONTRACTOR shall maintain all of the foregoing insurance coverage in force until the work under this Contract is fully completed.
The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 5.17 of this Contract. Notwithstanding nor diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for a nd maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted and licensed in California and having a Best's Guide Rating of A -Class VII or better (Claims made and modified occurrence policies are not acceptable):
Workers’ Compensation As required by the State of California.
Employer’s Liability $1,000,000 per accident for bodily injury or disease.
Commercial General Liability
(including operations, products and
completed operations, and not
excluding XCU)
$5,000,000 per occurrence for bodily
injury, personal injury and property
damage. Coverage shall include mobile
equipment.
Automobile Liability, including
non-owned and hired vehicles
$2,000,000 combined single limit for
bodily injury and property damage.
Contractor’s Pollution Legal Liability $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
Excess liability, follows form coverage, shall be provided for any underlying policy that does not meet the policy limits required and set forth herein. Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A -, Class VII or better, as approved by CITY.
An Additional Insured Endorsement, ongoing and products -completed operations, and including mobile equipment, for the Commercial General Liability policy shall designate CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY 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 Automobile Liability policy shall designate CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY as additional insureds for automobiles owned, leased, hired, or borrowed by the CONTRACTOR. CONTRACTOR shall provide to CITY 119
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proof of insurance and endorsement forms that conform to City’s requirements, as approved by CITY.
An Additional Insured Endorsement for Contractors’ Pollution Legal Liability policy shall designate CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY 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.
In the event any of CONTRACTOR’S underlying policies do not meet policy limits within the insurance requirements, CONTRACTOR shall provide coverage under an excess liability policy. The policy must be a follows form excess/umbrella policy. CONTRACTOR shall provide the schedule of underlying polices for an excess/umbrella liability policy, state that the excess/umbrella policy follows form on the insurance certificate, and provide an additional insured endorsement for the excess/umbrella liability policy designating CITY, it s Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY as additional insureds.
A primary/non -contributory endorsement shall be provided to CITY for each policy. For any claims related to this Agreement, CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, agents, employees, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees as determined by CITY. Any insurance or self-insurance maintained by CITY, its officers, officials, agents, employees, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by CITY shall be excess of the CONTRACTOR’s insurance and shall not contribute with it. CONT RACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.
CITY or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates. CONTRACTOR shall pay the premiums on the insurance hereinabove required.
If CONTRACTOR maintains higher insurance limits than the minimums shown above, CONTRACTOR shall provide coverage for the higher in surance limits otherwise maintained by the CONTRACTOR.
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5.17 Risk and Indemnification . All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify and keep the CITY, its Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (CONTRACTOR'S employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigation arising through the negligence or willful misconduct of CITY and will make good to reimburse CITY for any expenditures, including reasonable attorneys' fees CITY may incur by reason of such matters, and if requested by CITY, will defend any such suits at the sole cost and expense of CONTRACTOR.
5.18 Termination.
5.18.1 This Contract may be terminated in whole or in part in writing by the CITY for its convenience, provided that the CONTRACTOR is given (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination.
5.18.2 If termination for default or convenience is effected by the CITY, an equitable adjustment in the price provided for in this Contract shall be ma de, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the CONTRACTOR at the time of termination may be adjusted to cover any additional costs to the CITY because of the CONTRACTOR'S default.
5.18.3 Upon receipt of a termination action under paragraph (5.18.1) or (5.18.2) above, the CONTRACTOR shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the CONTRACTOR in performing this Contract whether completed or in process.
5.18.4 Upon termination under paragraphs (5.18.1) and (5.18.2) above, the CITY may take over the work and may award another party an agreement to complete the work under this Contract.
5.19 Warranty. The CONTRACTOR agrees to perform all work under this Contract in accordance with the CITY 's designs, drawings and specifications.
The CONTRACTOR guarantees for a period of one (1) year from the date of the notice of completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs or any damage to other parts of the system resulting from such defects. The CITY shall promptly give notice to the CONTRACTOR of observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs, corrections or other work made necessary by such defects, the CITY may do so and charge the CONTRACTOR the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. 121
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The CONTRACTOR'S obligations under this clause are in addition to the CONTRACTOR'S other express or implied assurances of this Contract or state law and in no way diminish any other rights that the CITY may have against the CONTR ACTOR for faulty materials, equipment or work.
5.20 Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, each shall bear its own attorneys' fees, costs and necessary disbursements. Notwithstanding the foregoing, if any action is brought against the CONTRACTOR or any SUBCONTRACTOR to enforce a Stop Notice or Notice to Withhold, which named the CITY as a party to said action, the CITY shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the CITY. The CITY shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not.
5.21 Notices. Any notice required or permitted under this Contract may be g iven by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing.
To CITY: TO CONTRACTOR:
City of Garden Grove Javier Castro
Public Works Department All Cities Engineering, Inc.
Attention: Jessica Polidori 2930 E. Inland Empire Blvd. 13802 Newhope Street Ontario, CA 91764
Garden Grove, CA 92843 (951) 255-3964
(714) 741-5349, (909) 494-4011 Fax
(714) 638-9906 Fax
SIGNATURE ON NEXT PAGE
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IN WITNESS THEREOF , these parties have executed this Construction Agreement on the day and year shown below.
"CITY"
CITY OF GARDEN GROVE
Date:____________________________ By:
Lisa Kim
City Manager
ATTEST:
City Clerk
Date:
"CONTRACTOR"
ALL CITIES ENGINEERING, INC.
___________________________________________
CONTRACTOR'S State License No.
(Expiration Date: )
By:
Title:
Date:
APPROVED AS TO FORM:
______________________________
City of Garden Grove
City Attorney
If CONTRACTOR is a corporation, a Corporate
Resolution and/or Corporate Seal is required.
Date:___________________________
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FAITHFUL PERFORMANCE BOND
Bond No.
Premium
NOTICE: TO WHOM IT MAY CONCERN: those we, ,
,
as Principal, and
as Surety, are held and firmly bound unto The City of Garden Grove, (CITY) in the sum of ____________________________________________________________________________ _
Lawful money of the United States, for the payment of which we bind heirs, our executors , administrators, successors, and ourselves jointly and severally.
That the Surety's office is located at ,
telephone no. ; the Surety is licensed to do business in the State of California; and the California Insurance Agent's License No., address, and telephone no. are as follows:
License No.:
Address:
Telephone No.:
That the following clause must be completed if, in fact, a non-resident agent for the Surety is a party to the transaction:
Name of non-resident agent:
Non-resident agent's office address:
Telephone No.:
THE CONDITION OF THIS OBLIGATION IS SUCH, that:
1. The Principal has agreed entered into a contract attached hereto, dated the ___day of __________, 2024, with THE CITY OF GARDEN GROVE for Construction of Chapman Avenue & Dale Street Water Improvement Project - CP No. 1361000 -- Drawing No.
W-639.
2. If the Principal shall well and truly perform, or cause to be performed, each and all of the requirements and obligations of the contract to be performed by the Principal, as set forth in the contract, then this bond shall be null and void; otherwise, it shall remain in full force and effect. In the event that suit is instituted to recover on this bond, the Surety will pay reasonable attorneys' fees.
3. Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of work performed shall in any way affect its obligation on this bond, and it does here by waive notice of any change, extension of time, alteration, or modification of the contract documents, or of work to be performed.
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FAITHFUL PERFORMANCE BOND (Continues)
Executed this day of , 20___
Principal Principal
By:
Surety
By:
Attorney-in-Fact
California Resident Agent
By:
Non-resident Agent - Attorney-in-Fact
STATE OF CALIFORNIA )
)
COUNTY OF ) ss.
On this day of , 20 , before me, a Notary Public in and for said County, residing therein, duly commissioned and sworn, personally appeared known to me to be the Attorney-in-Fact of the , of (Corporation)
, and acknowledged that it executed the attached bond to the (State)
Garden Grove Sanitary City as such Attorney -in-Fact and as the free act and deed of the corporation, and that the bond was executed on behalf of the corporation by authority of its Board of Directors.
IN WITNESS WHEREOF, I have herewith set my hand and affixed my Official Seal, the day and year in this certificate first above written.
(Acknowledgment by Non -
resident Agent as Attorney -
in-Fact must be attached.)
Notary Public in and for said County and State
My Commission expires:
125
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LABOR AND MATERIAL BOND
Bond No.
Premium
NOTICE: TO WHOM IT MAY CONCERN: those we,
,
as Principal, and , as Surety,
are held and firmly bound unto The City of Garden Grove, California ("CITY") in the sum of Dollars ($ ), lawful money of the United States, for the payment of the sum, we bind heirs, our executors, administrators, successors, and ourselves jointly and severally.
That the Surety's office is located at ,
telephone no. ; the Surety is licensed to do business in the State of California; and the California Insurance Agent's License No., address, and telephone no. are as follows:
License No.:
Address:
Telephone No.:
That the following clause must be completed if, in fact, a non-resident agent for the Surety is a party to the transaction:
Name of non-resident agent:
Non-resident agent's office address:
Telephone No.:
THE CONDITION OF THIS OBLIGATION IS SUCH, that:
1. The Principal has entered into a contract attached hereto, dated day of _____________, 20 ___, with the CITY OF GARDEN GROVE for Construction of Chapman and Dale Water Improvement Project - CP No. 1361000 -- Drawing No.
W 639.
2. If the Principal, its heirs, executors, administrators, successors, or assigns, or SUBCONTRACTORs, shall fail to pay for any materials, provisions, provender, or other supplies or teams, implements, or machinery used in, upon, for, or about, the performance of the improvement, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to work or labor, and provided th at the claimant shall have complied with the provision of the code, the Surety or Sureties will pay for same in the amount not exceeding the sum specified in this bond; otherwise, the above obligation shall be void. In case suit is brought upon this bond, the Surety will pay reasonable attorneys' fees.
3. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents, or of work performed, shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alteration, or modification of the contract documents, or of work to be performed.
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LABOR AND MATERIAL BOND (Continued)
4. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to the claims under Civil Code 3181 et seq., so as to give a right of action to them or their assignees in any suit brought upon this bond.
Executed this day of , 20 .
Principal Principal
By:
Surety
By:
Attorney-in-Fact
California Resident Agent
By:
Non-resident Agent - Attorney-in-Fact
STATE OF CALIFORNIA )
)
COUNTY OF ) ss.
On this day of , 2024, before me, a Notary Public in and for said County and State, personally appeared known to me to be the
Attorney-in-Fact of the ,of , and acknowledged
(Corporation) (State)
that it executed the attached bond to the Garden Grove Sanitary City as such Attorney-in-Fact and as the free act and deed of the corporation, and that the bond was executed on behalf of the corporation by authority of its Board of Directors.
IN WITNESS WHEREOF, I have herewith set my hand and affixed my Official Seal, the day and year in this certificate first above written.
(Acknowledgment by Non -
resident Agent as Attorney -
in-Fact must be attached.)
Notary Public in and for said County and State
My Commission expires:
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ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between whose address is ,
hereinafter called "Owner", ,
whose address is ,
hereinafter called "CONTRACTOR", ,
and , whose address
is ,
hereinafter called "escrow agent."
For the consideration hereinafter set forth, the Owner, CONTRACTOR, and escrow agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, the CONTRACTOR has the option to deposit securities with the escrow agent as a substitute for retention earnings required to be withheld by the Owner pursuant to the construction contract entered into between the Owner and CONTRACTOR for in the amount of dated (hereafter referred to as the "contract"). Alternatively, on written request of the CONTRACTOR, the Owner shall make payments of the retention earnings directly to the escrow agent. When the CONTRACTOR deposits the securities as a substitute for the contract earnings, the escrow agent shall notify the Owner within ten days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the contract between the Owner and CONTRACTOR. Securities shall be held in the name of the , and shall designate the CONTRACTOR as the beneficial Owner.
(2) The Owner shall make progress payments to the CONTRACTOR for those funds which otherwise would be withheld from progress payments p ursuant to the contract provision, provided that the escrow agent holds securities in the form and amount specified above. (3) When the Owner makes payment of retentions earned directly to the escrow agent, the escrow agent shall hold them for the benefit of t he CONTRACTOR until such time as the escrow created under this contract is terminated. The CONTRACTOR may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the escrow agent directly.
(4) The CONTRACTOR shall be responsible for paying all fees for the expenses incurred by the escrow agent in administering the escrow account. These expenses and payment terms shall be determined by the CONTRACTOR and escrow agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest on the interest shall be the sole account of CONTRACTOR and shall be subject to withdrawal by CONTRACTOR at any time and from time to time without notice to the Owner. (6) The CONTRACTOR shall have the right to withdraw all or any part of the principal in the escrow account only by written notice to the escrow agent accompanied by written authorization from the Owner to the escrow agent that the Owner consents to the withdrawal of the amount sought to be withdrawn by CONTRACTOR.
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SECTION 5 - AGREEMENT (Continued)
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August 2024
(7) The Owner shall have a right to draw upon the securities in the event of default by the CONTRACTOR. Upon seven days' written notice to the escrow agent from the Owner of the default, the escrow agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
(8) Upon receipt of written notification from the Owner certifying that the contrac t is final and complete, and that the CONTRACTOR has complied with all requirements and procedures applicable to the contract, the escrow agent shall release to the CONTRACTOR all securities and interest on deposit less escrow fees and charges of the escro w account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payment of fees and charges.
(9) The escrow agent shall rely on the written notifications from the Owner and the CONTRACTOR pursuant to Sections (1) to (8), inclusive, of this agreement and the Owner and CONTRACTOR shall hold the escrow agent harmless from the escrow agent's release, conversion, and disbursement of the securities and interest as set forth above. (10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of the CONTRACTOR in connection with the foregoing, and exemplars of their respective signatures are as follows:
On behalf of the Owner: On behalf of the CONTRACTOR:
On behalf of the Owner: On behalf of the CONTRACTOR:
Title Title
Name Name
Signature Signature
Address Address
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SECTION 5 - AGREEMENT (Continued)
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August 2024
On behalf of the escrow agent:
Title Title
Name Name
Signature Signature
Address Address
At the time the escrow account is opened, the Owner and CONTRACTOR shall deliver to the escrow agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
Owner/CONTRACTOR Date:
Title/Title
Approved as to Form
City of Garden Grove
City Attorney
130
ATTACHMENT NO. 1
CITY OF GARDEN GROVE
PUBLIC WORKS DEPARTMENT
WATER SERVICES DIVISION
BID SUMMARY SHEET
PROJECT: Chapman Ave. and Dale St. Water
Improvements Project – CP1361000
BID OPENING
DATE: October 22, 2024
TIME: 11:00 AM
Engineer’s
Facility Name Estimate Contract Amount
Chapman Ave., Nearing Rd., $6,253,875 4,129,980
Bidder’s Name
Total Bid
%Under
/Over
Engineers
Estimate
1. All Cities Engineering, Inc. $4,129,980.00 -33.96%
2. Stephen Doreck Equipment Rentals, Inc. $4,190,385.00 -32.96%
3. Sully Miller $4,223,000.00 -32.47%
4. Williams Pipeline Contractors, Inc. $4,270,430.00 -31.72%
5. Big Ben Engineering $4,378,390.00 -29.99%
6. Ramona, Inc. $4,593,890.00 -26.54%
7. CEM Construction Corp. $4,787,350.00 -23.45%
8. Dominguez General $5,142,650.00 -17.77%
9. Palp Inc. $5,693,555.00 -8.96%
10. J A Salazar Construction $6,471,175.00 3.47%
11. Lonerock, Inc. $7,451,680.00 19.15%
131
Item 428/2024
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Chief El-Farra
Dept:
City Manager Dept: Police
Date: 10/22/2024
Subject: Authorization to Participate in the FY2024 COPS Technology and Equipment Program (TEP). (Grant amount: $350,000) (Action Item)
OBJECTIVE
To obtain City Council authorization to participate in the FY2024 COPS Technology and Equipment Program (TEP) . Through the proposed grant , the City is eligible to receive $350,000 in federal funds to enhance the cyber-security infrastructure of the City.
BACKGROUND
The FY2024 COPS Office Technology and Equipment Program (TEP) provides grants to state, local, Tribal, territorial, and other entities to develop and acquire effective equipment, technologies, and interoperable communications that assist in responding to and preventing crime. The goal of the program is to increase the community policing capacity and crime prevention efforts of law enforcement agencies. The objective is to provide funding for projects which improve police effectiveness and the flow of inform ation among law enforcement agencies, local government service providers, and the communities they serve.
DISCUSSION
The FY2024 COPS TEP grant in the amount of $350,000 was awarded to the City on September 30, 2024. This is federal funding, and will be used to purchase information technology equipment targeting cyber-security enhancement. The grant performance period ends on March 31, 2026. The City’s Information Technology (IT) Department will take the lead to initiate the procurement process, starti ng with issuance of a Request for Proposals.
Once a vendor is selected, the IT Department will seek the City Council’s approval to award the contract and implement the equipment and related services. The implementation will be completed prior to the grant performance deadline of March 31, 2026.
FINANCIAL IMPACT
The grant amount of the FY2024 COPS Office Technology and Equipment Program (TEP) is $350,000, and will be used for the purchase and installation of IT equipment for cybersecurity 132
Item 428/2024
enhancement. There is no local matching requirement, and therefore no fiscal impact to the General Fund.
RECOMMENDATION
It is recommended that the City Council:
Authorize participation in the FY2024 COPS Office Technology and Equipment Program (TEP);
Approve additional appropriation in the amount of $350,000 for the FY24 COPS Office Technology and Equipment Program (TEP) grant in Fund 242, Federal Grants; and
Authorize the Police Chief, or his designated personnel, to execute the grant agreement and filing periodic reports with the Department of Justice Office of Community Oriented Policing Services on behalf of the City.
ATTACHMENT
1. COPS Office Notice of Award: 2024 Technology Equipment Program
133
Department of Justice (DOJ)
Office of Community Oriented Policing Services (COPS
Office)
Washington, D.C. 20531
Name and Address of Recipient: CITY OF GARDEN GROVE 11222 ACACIA PKWY
City, State and Zip: GARDEN GROVE, CA 92840
Recipient UEI: Y1NYWMLHKNM7
Project Title: Police Department Cyber
Security Infrastructure Enhancement Award Number: 15JCOPS-24-GG-02120-TECP Solicitation Title: FY24 COPS Technology and Equipment Program Invitational Solicitation Federal Award Amount: $350,000.00 Federal Award Date: 9/30/24 Awarding Agency: Office of Community Oriented Policing Services
Funding Instrument Type: Grant
Opportunity Category: D
Assistance Listing:
16.710 - Public Safety Partnership and Community Policing Grants Project Period Start Date: 3/9/24 Project Period End Date: 3/31/26 Budget Period Start Date: 3/9/24 Budget Period End Date: 3/31/26 Project Description:
The FY24 COPS Office Technology and Equipment Program (TEP) provides grants to state, local, Tribal, territorial, and other entities to develop and acquire effective equipment, technologies, and interoperable communications that assist in responding to and preventing crime.
The goal of the program is to increase the community policing capacity and crime prevention efforts of law enforcement agencies. The objective is to provide funding for projects which improve police effectiveness and the flow of information among law enforcement agencies, local government service providers, and the communities they serve. Funding shall be used for the projects, and in the amounts, specified under the heading “Community Oriented Policing Services, Technology and Equipment Community Projects/COPS Law Enforcement Technology and Equipment” in Congressional Joint Explanatory Statement – Division C, which is incorporated by reference into Public Law 118-42.
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Award Letter
September 30, 2024
Dear Amir El-Farra,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Community Oriented Policing Services (the COPS Office) has approved the application submitted by CITY OF GARDEN GROVE for an award under the funding opportunity entitled 2024 FY24 COPS Technology and Equipment Program Invitational Solicitation. The approved award amount is $350,000.
Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents.
Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by the COPS Office, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award.
Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds.
Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date.
To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven’t already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process.
Congratulations, and we look forward to working with you.
Hugh T. Clements
COPS Director
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) enforces federal civil rights laws and other provisions that prohibit discrimination by recipients of federal financial assistance from OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW).
Several civil rights laws, including Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance (recipients) to give assurances that they will comply with those laws. Taken together, these and other civil rights laws prohibit recipients from discriminating in the provision of services and employment because of race, color, national origin, religion, disability, and sex or from discriminating in the provision of services on the bases of age.
Some recipients of DOJ financial assistance have additional obligations to comply with other applicable nondiscrimination provisions like the Omnibus Crime Control and Safe Streets Act of 1968, which prohibits discrimination on the basis of religion in addition to race, color, national origin, and sex. Recipients may also have related requirements regarding the development and implementation of equal employment opportunity programs.
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OCR provides technical assistance, training, and other resources to help recipients comply with civil rights obligations.
Further, OCR administratively enforces civil rights laws and nondiscrimination provisions by investigating DOJ recipients that are the subject of discrimination complaints. In addition, OCR conducts compliance reviews of DOJ recipients based on regulatory criteria. These investigations and compliance reviews permit OCR to evaluate whether DOJ recipients are providing services to the public and engaging in employment practices in a nondiscriminatory manner.
For more information about OCR, your civil rights and nondiscrimination responsibilities, how to notify your employees or beneficiaries of their civil rights protections and responsibilities and how to file a complaint, as well as technical assistance, training, and other resources, please visit www.ojp.gov/program/civil-rights-office/outreach. If you would like OCR to assist you in fulfilling your civil rights or nondiscrimination responsibilities, please contact us at askOCR@o jp.usdoj.govor www.ojp.gov/program/civil-rights-office/about#ocr-contacts.
Award Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
Recipient Information
Recipient Name
CITY OF GARDEN GROVE
UEI
Y1NYWMLHKNM7 ORI Number
Street 1
11222 ACACIA PKWY Street 2
City
GARDEN GROVE
State/U.S. Territory
California
Zip/Postal Code
92840
Country
United States
County/Parish
Province
Award Details
Federal Award Date
9/30/24
Award Type
Initial
Award Number
15JCOPS-24-GG-02120-TECP
Supplement Number
00 Federal Award Amount
$350,000.00
Funding Instrument Type
Grant
Assistance Listing
Number
Assistance Listings Program Title
16.710 Public Safety Partnership and Community Policing Grants Page: 3 of 20
136
Statutory Authority
The Public Safety Partnership and Community Policing Act of 1994, 34 U.S.C. § 10381 et seq. [X]
I have read and understand the information presented in this section of the Federal Award Instrument.
Project Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
Solicitation Title
2024 FY24 COPS Technology and Equipment Program
Invitational Solicitation
Application Number
GRANT14141926
Awarding Agency
COPS
Grant Manager Name
TAMMY RICHARDSON
Phone Number
202-598-6908
E-mail Address
[email protected]
Project Title
Police Department Cyber Security Infrastructure Enhancement Performance Period Start
Date
03/09/2024
Performance Period End Date
03/31/2026
Budget Period Start Date
03/09/2024
Budget Period End Date
03/31/2026
Project Description
The FY24 COPS Office Technology and Equipment Program (TEP) provides grants to state, local, Tribal, territorial, and other entities to develop and acquire effective equipment, technologies, and interoperable communications that assist in responding to and preventing crime.
The goal of the program is to increase the community policing capacity and crime prevention efforts of law enforcement agencies. The objective is to provide funding for projects which improve police effectiveness and the flow of information among law enforcement agencies, local government service providers, and the communities they serve. Funding shall be used for the projects, and in the amounts, specified under the heading “Community Oriented Policing Services, Technology and Equipment Community Projects/COPS Law Enforcement Technology and Equipment” in Congressional Joint Explanatory Statement – Division C, which is incorporated by reference into Public Law 118-42. [X]
I have read and understand the information presented in this section of the Federal Award Instrument.
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Financial Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
A financial analysis of budgeted costs has been completed. All costs listed in the approved budget below were programmatically approved based on the final proposed detailed budget and budget narratives submitted by your agency to the COPS Office. Any adjustments or edits to the proposed budget are explained below.
Budget Clearance Date: 9/10/24 1:09 PM
Comments
No items
Budget Category Proposed
Budget
Change Approved
Budget
Percentages
Sworn Officer Positions: $0 $0 $0 ––
Civilian or Non-Sworn Personnel: $0 $0 $0 ––
Travel: $0 $0 $0 ––
Equipment: $350,000$0 $350,000 ––
Supplies: $0 $0 $0 ––
SubAwards: $0 $0 $0 ––
Procurement Contracts: $0 $0 $0 ––
Other Costs: $0 $0 $0 ––
Total Direct Costs: $350,000$0 $350,000 ––
Indirect Costs: $0 $0 $0 ––
Total Project Costs: $350,000$0 $350,000 ––
Federal Funds: $350,000$0 $350,000 100.00%
Match Amount: $0 $0 $0 0.00%
Program Income: $0 $0 $0 0.00%
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Budget Category
Sworn Officer
Civilian Personnel
Travel
Equipment
BudgetYearDetail
Equipment Item # of ItemsCost Total Cost
1 Backup & Restore Appliance 1.00 $350,000.00$350,000.00 Equipment Total Cost
$350,000
Additional Narrative
Supplies
BudgetYearDetail
Purpose of Supply Items # of ItemsUnit CostTotal Cost
No items
Supplies Total Cost
$0
Additional Narrative
SubAwards
BudgetYearDetail
Item Description Country State/U.S.
Territory
City Total
Cost
No items
Subawards Total Cost
$0
Additional Narrative
Procurement Contracts
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Other Costs
Indirect Costs
[X]
I have read and understand the information presented in this section of the Federal Award Instrument.
Other Award Documents
[ ]
I have read and understand the information presented in this section of the Federal Award Instrument.
No other award documents have been added.
Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. 1 Restrictions on Internal Confidentiality Agreements: No recipient or subrecipient under this award, or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts the lawful reporting of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. Further Consolidated Appropriations Act, 2024, Public Law 118-47, Division B, Title VII, Section 742. 2 Federal Civil Rights: The recipient and any subrecipient must comply with applicable federal civil rights and nondiscrimination statutes and regulations including: Section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d), as implemented in Subparts C and D of 28 C.F.R. Part 42; section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), as implemented in Subpart G of 28 C.F.R. Part 42; section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681), as implemented in Subpart D of 28 C.F.R. Parts 42 and 54; section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102), as implemented in Subpart I of 28 C.F.R. Part 42; and section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)), as implemented in Subpart D of 28 C.F.R. Part 42.
In addition to applicable federal statutes and regulations that pertain to civil rights and nondiscrimination, the recipient and any subrecipient must comply with the requirements in 28 C.F.R. Parts 22 (Confidentiality of Identifiable Research and Statistical Information); 28 C.F.R. Part 23 (Criminal Intelligence Systems Operating Policies); 28 C.F.R. Part 38 (Partnerships with Faith-Based and Other Neighborhood Organizations); and 28 C.F.R. Part 46 (Protection of Human Subjects). For an overview of the civil rights laws and nondiscrimination requirements in connection with your award, please see https://www.ojp.gov/program/civil-rights/overview. 3 Award Monitoring Activities: Federal law requires that recipients receiving federal funding from the COPS Office must be monitored to ensure compliance with their award conditions and other applicable statutes and regulations. The COPS Office is also interested in tracking the progress of our programs and the advancement of community policing.
Both aspects of award implementation—compliance and programmatic benefits—are part of the monitoring process coordinated by the U.S. Department of Justice. Award monitoring activities conducted by the COPS Office include site Page: 7 of 20
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visits, enhanced office-based grant reviews, alleged noncompliance reviews, financial and programmatic reporting, and audit resolution. As a COPS Office award recipient, you agree to cooperate with and respond to any requests for information pertaining to your award. This includes all financial records, such as general accounting ledgers and all supporting documents. All information pertinent to the implementation of the award is subject to agency review throughout the life of the award, during the close-out process and for three-years after the submission of the final expenditure report. 2 C.F.R. §§ 200.334 and 200.337, and, as applicable, 34 U.S.C. § 10385(a). 4 Authorized Representative Responsibility: The recipient understands that, in accepting this award, the Authorized Representatives declare and certify, among other things, that they possess the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accept (or adopt) all material requirements throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.
5 Contract Provision: All contracts made by the award recipients under the federal award must contain the provisions required under 2 C.F.R. Part 200, Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. Please see appendices in the Award Owner’s Manual for a full text of the contract provisions. 6 Award Owner’s Manual: The recipient agrees to comply with the terms and conditions in the applicable award year COPS Office Program Award Owner's Manual; DOJ Grants Financial Guide; COPS Office statute (34 U.S.C. § 10381, et seq.) as applicable; Students, Teachers, and Officers Preventing (STOP) School Violence Act of 2018 (34 U.S.C. § 10551, et seq.) as applicable; the requirements of 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), including subsequent changes, as adopted by the U.S.
Department of Justice in 2 C.F.R. § 2800.101; 48 C.F.R. Part 31 (FAR Part 31) as applicable (Contract Cost Principles and Procedures); the Cooperative Agreement as applicable; representations made in the application; and all other applicable program requirements, laws, orders, regulations, or circulars.
Failure to comply with one or more award requirements may result in remedial action including, but not limited to, withholding award funds, disallowing costs, suspending, or terminating the award, or other legal action as appropriate.
Should any provision of an award condition be deemed invalid or unenforceable by its terms, that provision will be applied to give it the maximum effect permitted by law. Should the provision be deemed invalid or unenforceable in its entirety, such provision will be severed from this award. 7 Duplicative Funding: The recipient understands and agrees to notify the COPS Office if it receives, from any other source, funding for the same item or service also funded under this award. 8 Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and COPS Office authority to terminate award): The recipient and subrecipient agree to comply with the following requirements of 2 C.F.R. Part 175, Appendix A to Part 175 – Award Term:
I. Trafficking in Persons
(a) Provisions applicable to a recipient that is a private entity. (1) Under this award, the recipient, its employees, subrecipients under this award, and subrecipient’s employees must not engage in:
(i) Severe forms of trafficking in persons;
(ii) The procurement of a commercial sex act during the period of time that this award or any subaward is in effect;
(iii) The use of forced labor in the performance of this award or any subaward; or (iv) Acts that directly support or advance trafficking in persons, including the following acts:
(A) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee’s identity or immigration documents;
(B) Failing to provide return transportation or pay for return transportation costs to an employee from a country outside Page: 8 of 20
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the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless:
(1) Exempted from the requirement to provide or pay for such return transportation by the Federal department or agency providing or entering into the grant or cooperative agreement; or (2) The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or a witness in a human trafficking enforcement action; (C) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment; (D) Charging recruited employees a placement or recruitment fee; or (E) Providing or arranging housing that fails to meet the host country’s housing and safety standards. (2) The Federal agency may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. 7104b(c), without penalty, if any private entity under this award:
(i) Is determined to have violated a prohibition in paragraph (a)(1) of this appendix; or (ii) Has an employee that is determined to have violated a prohibition in paragraph (a)(1) of this this appendix through conduct that is either:
(A) Associated with the performance under this award; or (B) Imputed to the recipient or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),’’ as implemented by DOJ at 2 C.F.R. Part 2867.
(b) Provision applicable to a recipient other than a private entity. (1) The Federal agency may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. 7104b(c), without penalty, if a subrecipient that is a private entity under this award:
(i) Is determined to have violated a prohibition in paragraph (a)(1) of this appendix; or
(ii) Has an employee that is determined to have violated a prohibition in paragraph (a)(1) of this appendix through conduct that is either:
(A) Associated with the performance under this award; or (B) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),’’ as implemented by 2 C.F.R. Part 2867. (c) Provisions applicable to any recipient.
(1) The recipient must inform the Federal agency and the Inspector General of the Federal agency immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (a)(1) of this appendix. (2) The Federal agency’s right to unilaterally terminate this award as described in paragraphs (a)(2) or (b)(1) of this appendix:
(i) Implements the requirements of 22 U.S.C. 78, and
(ii) Is in addition to all other remedies for noncompliance that are available to the Federal agency under this award. (3) The recipient must include the requirements of paragraph (a)(1) of this award term in any subaward it makes to a private entity.
(4) If applicable, the recipient must also comply with the compliance plan and certification requirements in 2 CFR 175.105(b).
(d) Definitions. For purposes of this award term:
Employee means either:
(1) An individual employed by the recipient or a subrecipient who is engaged in the performance of the project or program under this award; or
(2) Another person engaged in the performance of the project or program under this award and not compensated by the recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing
requirements.
Private Entity means any entity, including for-profit organizations, nonprofit organizations, institutions of higher education, and hospitals. The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in 2 CFR 200.1.
The terms ‘‘severe forms of trafficking in persons,’’ ‘‘commercial sex act,’’ ‘‘sex trafficking,’’ ‘‘Abuse or threatened abuse of law or legal process,’’ ‘‘coercion,’’ ‘‘debt bondage,’’ and ‘‘involuntary servitude’’ have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
9 Page: 9 of 20
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Termination: Recipient understands and agrees that the COPS Office may terminate funding, in whole or in part, for the following reasons:
(1) When the recipient fails to comply with the terms and conditions of a Federal award. (2) When the recipient agrees to the termination and termination conditions. (3) When the recipient provides the COPS Office written notification requesting termination including the reasons, effective date, and the portion of the award to be terminated. The COPS Office may terminate the entire award if the remaining portion will not accomplish the purposes of the award. (4) Pursuant to any other award terms and conditions, including, when an award no longer effectuates the program goals or agency priorities to the extent such termination is authorized by law.
2. C.F.R. § 200.340.
10 Recipient Integrity and Performance Matters: For awards over $500,000, the recipient agrees to comply with the following requirements of 2 C.F.R. Part 200, Appendix XII to Part 200 – Award Term and Condition for Recipient Integrity and Performance Matters:
I. Reporting of Matters Related to Recipient Integrity and Performance (a) General Reporting Requirement.
(1) If the total value of your active grants, cooperative agreements, and procurement contracts from all Federal agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient must ensure the information available in the responsibility/qualification records through the System for Award Management (SAM.gov), about civil, criminal, or administrative proceedings described in paragraph (b) of this award term is current and complete. This is a statutory requirement under section 872 of Public Law 110–417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111– 212, all information posted in responsibility/qualification records in SAM.gov on or after April 15, 2011 (except past performance reviews required for Federal procurement contracts) will be publicly available. (b) Proceedings About Which You Must Report.
(1) You must submit the required information about each proceeding that— (i) Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government;
(ii) Reached its final disposition during the most recent five-year period; and (iii) Is one of the following—
(A) A criminal proceeding that resulted in a conviction; (B) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (C) An administrative proceeding that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (D) Any other criminal, civil, or administrative proceeding if— (1) It could have led to an outcome described in paragraph (b)(1)(iii)(A) through (C); (2) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and (3) The requirement in this award term to disclose information about the proceeding does not conflict with applicable laws and regulations.
(c) Reporting Procedures. Enter the required information in SAM.gov for each proceeding described in paragraph (b) of this award term. You do not need to submit the information a second time under grants and cooperative agreements that you received if you already provided the information in SAM.gov because you were required to do so under Federal procurement contracts that you were awarded.
(d) Reporting Frequency. During any period of time when you are subject to the requirement in paragraph (a) of this award term, you must report proceedings information in SAM.gov for the most recent five-year period, either to report new information about a proceeding that you have not reported previously or affirm that there is no new information to report. If you have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000, you must disclose semiannually any information about the criminal, civil, and administrative proceedings.
(e) Definitions. For purposes of this award term—
Administrative proceeding means a nonjudicial process that is adjudicatory in nature to make a determination of fault or liability (for example, Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with the performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables.
Conviction means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. Total value of Page: 10 of 20
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currently active grants, cooperative agreements, and procurement contracts includes the value of the Federal share already received plus any anticipated Federal share under those awards (such as continuation funding). 11 Reporting Subawards and Executive Compensation: The recipient agrees to comply with the following requirements of 2 C.F.R. Part 170, Appendix A to Part 170 – Award Term:
I. Reporting Subawards and Executive Compensation
(a) Reporting of first-tier subawards—(1) Applicability. Unless the recipient is exempt as provided in paragraph (d) of this award term, the recipient must report each subaward that equals or exceeds $30,000 in Federal funds for a subaward to an entity or Federal agency. The recipient must also report a subaward if a modification increases the Federal funding to an amount that equals or exceeds $30,000. All reported subawards should reflect the total amount of the
subaward.
(2) Reporting Requirements. (i) The entity or Federal agency must report each subaward described in paragraph (a)(1) of this award term to the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS) at http://www.fsrs.gov. (ii) For subaward information, report no later than the end of the month following the month in which the subaward was issued. (For example, if the subaward was made on November 7, 2025, the subaward must be reported by no later than December 31, 2025).
(b) Reporting total compensation of recipient executives for entities—(1) Applicability. The recipient must report the total compensation for each of the recipient’s five most highly compensated executives for the preceding completed fiscal year if:
(i) The total Federal funding authorized to date under this Federal award equals or exceeds $30,000;
(ii) in the preceding fiscal year, the recipient received:
(A) 80 percent or more of the recipient’s annual gross revenues from Federal procurement contracts (and subcontracts) and Federal awards (and subawards) subject to the Transparency Act; and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal awards (and subawards) subject to the Transparency Act; and, (iii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 after receiving this subaward. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http:// www.sec.gov/answers/execomp.htm.)
(2) Reporting Requirements. The recipient must report executive total compensation described in paragraph (b)(1) of this appendix:
(i) As part of the recipient’s registration profile at https://www.sam.gov. (ii) No later than the month following the month in which this Federal award is made, and annually after that. (For example, if this Federal award was made on November 7,
2025, the executive total compensation must be reported by no later than December 31, 2025.)
(c) Reporting of total compensation of subrecipient executives—(1) Applicability. Unless a first-tier subrecipient is exempt as provided in paragraph (d) of this appendix, the recipient must report the executive total compensation of each of the subrecipient’s five most highly compensated executives for the subrecipient’s preceding completed fiscal year, if:
(i) The total Federal funding authorized to date under the subaward equals or exceeds $30,000;
(ii) In the subrecipient’s preceding fiscal year, the subrecipient received:
(A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal awards (and subawards) subject to the Transparency Act; and, (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal awards (and subawards) subject to the Transparency Act; and (iii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 after receiving this subaward. (To determine if the public has access to the compensation information, see
the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) (2) Reporting Requirements. Subrecipients must report to the recipient their executive total compensation described in paragraph
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(c)(1) of this appendix. The recipient is required to submit this information to the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS) at http://www.fsrs.gov no later than the end of the month following the month in which the subaward was made. (For example, if the subaward was made on November 7, 2025, the subaward must be reported by no later than December 31, 2025). (d) Exemptions. (1) A recipient with gross income under $300,000 in the previous tax year is exempt from the requirements to report:
(i) Subawards, and
(ii) The total compensation of the five most highly compensated executives of any subrecipient. (e) Definitions. For purposes of this award term:
Entity includes:
(1) Whether for profit or nonprofit:
(i) A corporation;
(ii) An association;
(iii) A partnership;
(iv) A limited liability company;
(v) A limited liability partnership;
(vi) A sole proprietorship;
(vii) Any other legal business entity;
(viii) Another grantee or contractor that is not excluded by subparagraph (2); and (ix) Any State or locality;
(2) Does not include:
(i) An individual recipient of Federal financial assistance; or (ii) A Federal employee.
Executive means an officer, managing partner, or any other employee holding a management position.
Subaward has the meaning given in 2 CFR200.1.
Subrecipient has the meaning given in 2CFR 200.1.
Total Compensation means the cash and noncash dollar value an executive earns during an entity’s preceding fiscal year. This includes all items of compensation as prescribed in 17 CFR 229.402(c)(2). 12 Assurances and Certifications: The recipient acknowledges its agreement to comply with the Assurances and Certifications forms that were signed as part of its application. 13 Conflict of Interest: Recipients and subrecipients must disclose in writing to the COPS Office or pass-through entity, as applicable, any potential conflict of interest affecting the awarded federal funding in 2 C.F.R. § 200.112. 14 Debarment and Suspension: The recipient agrees not to award federal funds under this program to any party which is debarred or suspended from participation in federal assistance programs. 2 C.F.R. Part 180 (Government-wide Nonprocurement Debarment and Suspension) and 2 C.F.R. Part 2867 (DOJ Nonprocurement Debarment and Suspension).
15 Equal Employment Opportunity Plan (EEOP): All recipients of funding from the COPS Office must comply with the federal regulations pertaining to the development and implementation of an Equal Employment Opportunity Plan. 28 C.F.R. Part 42 subpart E.
16 Employment Eligibility: The recipient agrees to complete and keep on file, as appropriate, the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form (I-9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States. Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603. 17 Page: 12 of 20
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Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information: Recipients and subrecipients agree not to discharge, demote, or otherwise discriminate against an employee as reprisal for the employee disclosing information that he or she reasonably believes is evidence of gross mismanagement of a federal contract or award, a gross waste of federal funds, an abuse of authority relating to a federal contract or award, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or award. Recipients and subrecipients also agree to provide to their employees in writing (in the predominant native language of the workforce) of the rights and remedies provided in 41 U.S.C. § 4712. Please see appendices in the Award Owner’s Manual for a full text of the statute. 18 False Statements: False statements or claims made in connection with COPS Office awards may result in fines, imprisonment, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 31 U.S.C. § 3729-3733.
19 Mandatory Disclosure: Recipients and subrecipients must timely disclose in writing to the Federal awarding agency or pass-through entity, as applicable, all federal criminal law violations involving fraud, bribery, or gratuity that may potentially affect the awarded federal funding. Recipients that receive an award over $500,000 must also report certain civil, criminal, or administrative proceedings in SAM and are required to comply with the Term and Condition for Recipient Integrity and Performance Matters as set out in 2 C.F.R. Part 200, Appendix XII to Part 200. Failure to make required disclosures can result in any of the remedies, including suspension and debarment, described in 2 C.F.R. § 200.339. 2 C.F.R. § 200.113.
20 Reports/Performance Goals: To assist the COPS Office in monitoring and tracking the performance of your award, your agency will be responsible for submitting semi-annual programmatic performance reports that describe project activities during the reporting period and quarterly Federal Financial Reports using Standard Form 425 (SF-425). 2 C.F.R. §§ 200.328 - 200.329. The performance report is used to track your agency’s progress in implementing the award, and, as applicable, community policing strategies including gauging the effectiveness of your agency’s community policing capacity. The Federal Financial Report is used to track the expenditures of the recipient’s award funds on a cumulative basis throughout the life of the award. 21 System for Award Management (SAM.gov) and Universal Identifier Requirements: The recipient agrees to comply with the following requirements of 2 C.F.R. Part 25, Appendix A to Part 25 – Award Term:
I. System for Award Management (SAM.gov) and Universal Identifier Requirements (a) Requirement for System for Award Management. (1) Unless exempt from this requirement under 2 CFR 25.110, the recipient must maintain a current and active registration in SAM.gov. The recipient’s registration must always be current and active until the recipient submits all final reports required under this Federal award or receives the final payment, whichever is later. The recipient must review and update its information in SAM.gov at least annually from the date of its initial registration or any subsequent updates to ensure it is current, accurate, and complete. If applicable, this includes identifying the recipient’s immediate and highest-level owner and subsidiaries and providing information about the recipient’s predecessors that have received a Federal award or contract within the last three years.
(b) Requirement for Unique Entity Identifier (UEI). (1) If the recipient is authorized to make subawards under this Federal award, the recipient:
(i) Must notify potential subrecipients that no entity may receive a subaward until the entity has provided its UEI to the recipient.
(ii) Must not make a subaward to an entity unless the entity has provided its UEI to the recipient. Subrecipients are not required to complete full registration in SAM.gov to obtain a UEI. (c) Definitions. For the purposes of this award term:
System for Award Management (SAM.gov) means the Federal repository into which a recipient must provide the information required for the conduct of business as a recipient. Additional information about registration procedures may be found in SAM.gov (currently at https://www.sam.gov).
Unique entity identifier means the universal identifier assigned by SAM.gov to uniquely identify an entity.
Entity is defined at 2 CFR 25.400 and includes all of the following types as defined in 2 CFR 200.1:
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(1) Non-Federal entity;
(2) Foreign organization;
(3) Foreign public entity;
(4) Domestic for-profit organization; and
(5) Federal agency.
Subaward has the meaning given in 2 CFR 200.1.
Subrecipient has the meaning given in 2 CFR 200.1.
22 Additional High-Risk Recipient Requirements: The recipient agrees to comply with any additional requirements that may be imposed during the award performance period if the awarding agency determines that the recipient is a high- risk recipient. 2 C.F.R. § 200.208.
23 Criminal Intelligence Systems: Recipients using award funds to operate an interjurisdictional criminal intelligence system must comply with the operating principles of 28 C.F.R. Part 23. At the time of application, the recipient assured the COPS Office that it will comply with the requirements of 28 C.F.R. Part 23. 24 Allowable Costs: The funding under this award is for the payment of approved costs for program-specific purposes.
The allowable costs approved for your agency's award are limited to those listed in your agency’s award package. In accordance with 2 C.F.R. § 200.400(g), the recipient or subrecipient must not earn or keep any profit resulting from the award. Your agency may not use award funds for any costs not identified as allowable in the award package. 25 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: Recipient agrees that it, and its subrecipients, will not use award funds to extend, renew, or enter into any contract to procure or obtain any covered telecommunication and video surveillance services or equipment as described in 2 CFR §200.216. Covered services and equipment include telecommunications or video surveillance services or equipment produced or provided by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); or an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of China. The use of award funds on covered telecommunications or video surveillance services or equipment are unallowable.
2. C.F.R. § § 200.216 & 471. See also Section 889 of the John S. McCain National Defense Authorization Act of Fiscal Year 2019, Public Law 115-232.
26 Sole Source Justification: Recipients who have been awarded funding for the procurement of an item (or group of items) or service in excess of $250,000 and who plan to seek approval for use of a noncompetitive procurement process must provide a written sole source justification to the COPS Office for approval prior to obligating, expending, or drawing down award funds for that item or service. 2 C.F.R. § 200.325(b)(2). 27 Buy America Preference
Recipients of an award of Federal financial assistance for the construction, alteration, maintenance, or repair of infrastructure are hereby notified that none of the funds provided under this award may be used for an infrastructure project unless:
(1) All iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) All manufactured products used in the project are produced in the United States— this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of Page: 14 of 20
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the manufactured product, unless another standard that meets or exceeds this standard has been established under applicable law or regulation for determining the minimum amount of domestic content of the manufactured product; and (3) All construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The construction material standards are listed below.
Incorporation into an infrastructure project. The Buy America Preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America Preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
Categorization of articles, materials, and supplies. An article, material, or supply should only be classified into one of the following categories: (i) Iron or steel products; (ii) Manufactured products; (iii) Construction materials; or (iv) Section 70917(c) materials. An article, material, or supply should not be considered to fall into multiple categories. In some cases, an article, material, or supply may not fall under any of the categories listed in this paragraph. The classification of an article, material, or supply as falling into one of the categories listed in this paragraph must be made based on its status at the time it is brought to the work site for incorporation into an infrastructure project. In general, the work site is the location of the infrastructure project at which the iron, steel, manufactured products, and construction materials will be incorporated.
Application of the Buy America Preference by category. An article, material, or supply incorporated into an infrastructure project must meet the Buy America Preference for only the single category in which it is classified.
Determining the cost of components for manufactured products. In determining whether the cost of components for manufactured products is greater than 55 percent of the total cost of all components, use the following instructions:
(a) For components purchased by the manufacturer, the acquisition cost, including transportation costs to the place of incorporation into the manufactured product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (b)For components manufactured by the manufacturer, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (a), plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the manufactured product.
Construction material standards. The Buy America Preference applies to the following construction materials incorporated into infrastructure projects. Each construction material is followed by a standard for the material to be considered “produced in the United States.” Except as specifically provided, only a single standard should be applied to a single construction material.
(1) Non-ferrous metals. All manufacturing processes, from initial smelting or melting through final shaping, coating, and assembly, occurred in the United States.
(2) Plastic and polymer-based products. All manufacturing processes, from initial combination of constituent plastic or polymer-based inputs, or, where applicable, constituent composite materials, until the item is in its final form, occurred in the United States.
(3) Glass. All manufacturing processes, from initial batching and melting of raw materials through annealing, cooling, and cutting, occurred in the United States.
(4) Fiber optic cable (including drop cable). All manufacturing processes, from the initial ribboning (if applicable), through buffering, fiber stranding and jacketing, occurred in the United States. All manufacturing processes also include the standards for glass and optical fiber, but not for non-ferrous metals, plastic and polymer-based products, or any others.
(5) Optical fiber. All manufacturing processes, from the initial preform fabrication stage through the completion of the draw, occurred in the United States.
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States.
(7) Drywall. All manufacturing processes, from initial blending of mined or synthetic gypsum plaster and additives through cutting and drying of sandwiched panels, occurred in the United States. (8) Engineered wood. All manufacturing processes from the initial combination of constituent materials until the wood product is in its final form, occurred in the United States.
Waivers.
When necessary, recipients may apply for, and the Office of Community Oriented Policing Services (COPS Office) may grant, a waiver from these requirements.
The COPS Office may waive the application of the Buy America Preference when it has determined that one of the following exceptions applies:
(1) applying the Buy America Preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent.
A request to waive the application of the Buy America Preference must be in writing. If requested, the COPS Office will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office.
Recipients do not need to obtain a waiver of the Buy America Preference requirements from the COPS Office if they will use only iron, steel, manufactured products, and construction materials that meet the criteria as specified above for the project.
If a recipient determines a waiver is necessary, an application for a waiver should be submitted as soon as possible and provide detailed information to expedite the COPS Office’s review. Recipients agree not to obligate, expend or draw down funds for infrastructure projects or activities unless they comply with the Buy America Preference requirements or request and obtain a waiver of the requirements from the COPS Office.
If you have any questions about this requirement or requesting a waiver of the requirement, please contact your COPS Office Program Manager at 800-421-6770.
28 Domestic preferences for procurements: Recipient agrees that it, and its subrecipients, to the greatest extent practicable, will provide a preference for the purchase, acquisition, or use of goods, products, and materials produced in, and services offered in, the United States. 2. C.F.R. § 200.322 and Executive Order 14005, Ensuring the Future is Made in All of America by All of America’s Workers, January 25, 2021. 29 Requirement to report actual or imminent breach of personally identifiable information (PII).
The recipient (and any subrecipient at any tier) must have written procedures in place to respond in the event of an actual or imminent breach (as defined in OMB M-17-12) if it (or a subrecipient)-- 1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of personally identifiable information (PII) (as defined in 2 C.F.R. 200.1) within the scope of a COPS Office grant-funded program or activity, or 2) uses or operates a Federal information system (as defined in OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to the recipient’s COPS Office Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 30 Community Policing: Community policing activities to be initiated or enhanced by your agency were identified and described in your award application. All equipment, technology, training, and civilian positions awarded under your Page: 16 of 20
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agency's COPS Office award must be linked to the implementation or enhancement of community policing. 34 U.S.C. § 10382 (c)(10).
31 Compliance with National Environmental Policy Act and related statutes: Upon request, the recipient must assist the COPS Office in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds. Accordingly, the recipient agrees to determine if new construction or renovation or remodeling of a property will be funded by the grant, and if so, agrees to comply with all NEPA requirements prior to obligating, expending, or drawing down award funds for any award purposes. The recipient understands and agrees that complying with NEPA may require the preparation of an environmental study, including an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS), as directed by the COPS Office. The NEPA compliance process may take several months to complete. 42 U.S.C. §§ 4321 et seq.
32 Travel Costs: Travel costs for transportation, lodging and subsistence, and related items are allowable with prior approval from the COPS Office. Payment for allowable travel costs will be in accordance with 2 C.F.R. § 200.475. 33 The Paperwork Reduction Act Clearance and Privacy Act Review: Recipient agrees, if required, to submit all surveys, interview protocols, and other information collections to the COPS Office for submission to the Office of Management and Budget (OMB) for clearance under the Paperwork Reduction Act (PRA). Before submission to OMB, all information collections that request personally identifiable information must be reviewed by the COPS Office to ensure compliance with the Privacy Act. The Privacy Act compliance review and the PRA clearance process may take several months to complete. 44 U.S.C. §§ 3501-3520 and 5 U.S.C. § 552a. 34 Evaluations: The COPS Office may conduct monitoring or sponsor national evaluations of its award programs. The recipient agrees to cooperate with the monitors and evaluators. 34 U.S.C. § 10385(b). 35 Extensions: Recipients may request an extension of the award period to receive additional time to implement their award program. Such extensions do not provide additional funding. Only those recipients that can provide a reasonable justification for delays will be granted no-cost extensions. Extension requests must be received prior to the end date of the award. 2 C.F.R. §§ 200.308(f)(10) and 200.309. 36 Supplementing, not Supplanting: State, local, and tribal government recipients must use award funds to supplement, and not supplant, state, local, or Bureau of Indian Affairs (BIA) funds that are already committed or otherwise would have been committed for award purposes (hiring, training, purchases, and/or activities) during the award period. In other words, state, local, and tribal government recipients may not use COPS Office funds to supplant (replace) state, local, or BIA funds that would have been dedicated to the COPS Office-funded item(s) in the absence of the COPS Office award. 34 U.S.C. § 10384(a).
37 Modifications: Award modifications are evaluated on a case-by-case basis in accordance with 2 C.F.R. § 200.308(i).
For federal awards in excess of $250,000, any modification request involving the reallocation of funding between budget categories that exceed or are expected to exceed 10 percent (10%) of the total approved budget requires prior written approval by the COPS Office. Regardless of the federal award amount or budget modification percentage, any reallocation of funding is limited to approved budget categories. In addition, any budget modification that changes the scope of the project requires prior written approval by the COPS Office. 38 State Information Technology Point of Contact: The recipient agrees to ensure that the appropriate State Information Page: 17 of 20
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Technology Point of Contact receives written notification regarding any technology or information-sharing project funded by this award during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these award funds.
In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to https://it.ojp.gov/technology-contacts. 39 Computer Network Requirement: The recipient understands and agrees that no award funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. Nothing in this requirement limits the use of funds necessary for any federal, state, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.
Consolidated Appropriations Act, 2024, Public Law 118-42, Division C, Title V, Section 527. 40 Contracts and/or MOUs with Other Jurisdictions: Items funded under this award must only be used for law enforcement activities or services that benefit your agency and the population that it serves and cannot be utilized by other agencies unless the items benefit the population that your agency serves. [X]
I have read and understand the information presented in this section of the Federal Award Instrument.
Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I-- A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant.
B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted (including by applicant’s legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant.
C. Accept this award on behalf of the applicant.
D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.
Agency Approval
Title of Approving Official
COPS Director
Name of Approving Official
Hugh T. Clements
Signed Date And Time
9/18/24 10:08 PM
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Authorized Representative
Declaration and Certification (Law Enforcement Executive/Program Official) Entity Acceptance
Title of Authorized Entity Official
Police Chief
Name of Authorized Entity Official
Amir El-Farra
Signed Date And Time
10/1/2024 10:10 AM
Declaration and Certification (Government Executive/Financial Official) Entity Acceptance
Title of Authorized Entity Official
Finance Director
Name of Authorized Entity Official
Patricia Song
Signed Date And Time
10/1/2024 12:15 PM
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Item 439/2024
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Omar Sandoval
Dept:
City Manager Dept: City Attorney
Date: 10/22/2024
Subject: Introduction and First Reading of an Ordinance adding Chapter 8.96 to the Municipal Code pertaining to camping on public places and interfering with public access.
Entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE ADDING CHAPTER 8.96 TO TITLE 8 OF THE GARDEN GROVE MUNICIPAL CODE
PERTAINING TO CAMPING ON PUBLIC PLACES AND INTERFERING WITH PUBLIC ACCESS. (Action Item)
OBJECTIVE
For the City Council to introduce and pass to second reading an ordinance adding Chapter 8.96 to Title 8 of the Garden Grove Municipal Code pertaining to camping on public places and interfering with public access.
BACKGROUND
For the past few years, City residents and business owners have expressed concern that access to public and private property is being impeded or prevented by persons storing their personal items, camping or using the public rights of way or other public places to create encampments. This activity includes the storage of unattended personal property on public places which creates a safety and security risk to the public as it can create tripping hazards, impact a person's line-of- sight, and create other health and safety risks related to the accumulation of trash, food waste, human waste, and contaminated medical waste. The presence of unauthorized encampments has further been associated with increased criminal activity, including theft, vandalism, damage to property, noise violations, littering, prowling, trespassing, fires, and drug-related offenses, thereby undermining public health and safety.
DISCUSSION
The prohibitions under the ordinance
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The attached ordinance will prohibit camping on public places and prohibit interfering with public access to public places to mitigate the health and safety concerns created by such activity.
For purposes of the ordinance, public places include various locations on public property, including streets, alleyways, sidewalks, medians, parkways, driveways, right of ways, public restrooms, public bench es, bus bench es or bus shelter s, parks, open space, storm drain s, public buildings or parking lots.
In addition, the ordinance will prohibit camping in locations where it would obstruct or impede passage for disabled persons; with in 20 feet of an entrance or exit to any building, establishment, retail store, restaurant, office building or other place into which the public is invited; within 20 feet of an ATM or any door or entrance that provides access to the automatic teller machine; within 250 feet of a public or private school or day care center; or in a manner that unreasonably interferes with the use of the public right of way by motor vehicles, pedestrians or bicycles.
The ordinance will further authorize the City to remove u nattended or abandoned personal property, subject to procedures that may be adopted by the City Council by resolution, or subject to retrieval for a period of up to 90 days.
Enforcement
While the predominant public perception is that individuals living i n encampments have no place to go, the City’s experience indicates that not every individual in an encampment is seeking permanent lodging or shelter. For those that do seek shelter, the City has implemented multiple programs in line with its 2021 Comprehensive Strategic Plan to Address Homelessness (CSPAH). For example, the Garden Grove Police Department has a Special Resource Team (SRT) consisting of officers that are especially trained to serve the unsheltered community and those affected by mental health conditions. The SRT leads street outreach, connects unsheltered individuals to supportive services and housing resources, and helps advance the City’s homeless assistance programs towards effective implementation through partnerships with Be Well Orange County, Moving Forward, and CalOptima Health.
Since 2021, deployment of the Be Well OC mobile mental health units in the City provides mental health services for all Garden Grove residents, including homeless individuals. The Be Well OC Garden Grove Mobile Response Team provides in-community assessment and stabilization of individuals experiencing substance abuse, psychological crises, and homelessness.
In 2022, the City also partnered with Moving Forward, a homeless outreach and mental health agency that provides weekly street outreach to homeless individuals. Moving Forward maintains ongoing case management to include access to the countywide Homeless Management Information System, which assists in housing homeless individuals seeking shelter options.
In 2023, the City partnered with CalOptima Health and Healthcare in Action to establish the County’s first street medicine pilot program . CalOptima is the largest health insurer in the 155
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County of Orange and provides health insurance to lower income individuals in the County.
Healthcare in Action is an organization that serves patients experiencing homelessness through an innovative "street medicine" approach by contracting with Medicare and Medicaid health plans as well as hospitals and health system s. Through a contract with CalOptima, Healthcare in Action provides primary care to up to 200 CalOptima Health members using a medical van to canvas the Garden Grove community and reach members living in public places, under freeways, and other unsheltered spaces. Services include primary care, behavioral health, case management, and expanded whole -person care resources now available through CalAIM, a state initiative offering a new set of Medi -Cal benefits that includes housing services. Through the success of the street medicine pilot program in Garden Grove, CalOptima expanded its street medicine program in the cities of Anahei m and Costa Mesa this year. The City continues its collaboration with CalOptima towards implementation of Phase 2 to develop a Street Medicine Support Center (a service -enriched temporary supportive housing facility) focused on providing individuals enrolled in the Street Medicine Program with both continued medical wrap -around services. The support center in Garden Grove will prioritize families, women, older adults, and veterans.
Furthering the CSPAH through partnership with the Cities of Fountain Valley and Westminster, and the County, the City opened the Central Cities Navigation Center (CCNC) in June this year. The CCNC is a low-barrier transitional, emergency facility, with in -house services to provide emergency housing and wrap -around services to individuals experiencing homelessness in the City. The CCNC has 85 beds, a full kitchen, laundry facilities, on -site lockers for personal items, as well as staff to provide one-on-one case management, mental health and stabilization services and resources, service animals and pet accommodations, education services, employment assistance, and shuttle services, among other services. The City has contracted with Volunteers of America, a street outreach services nonprofit agency to manage the CCNC.
The foregoing services are in addition to homeless prevention services provided by the Garden Grove Housing Authority and other public and private agencies operating in the City, including 2-1-1 Orange County, Interval House, Mercy House, Illumination Foundation, and Thomas House Family Shelter.
The City will continue to provide the foregoing programs and services and intends to enforce the new regulations prohibiting encampments in a humane way, first by offering assistance to any individual who wishes to accept it. The proposed regulations are still necessary due to the City’s experience with many individuals who prefer not to accept services and prefer to engage in dangerous and unhealthy activities that include drug use that further leads to other health problems not only to themselves but also to the surrounding community.
Due to the establishment of encampments by individuals who rather not accept the services provided by the programs being implemented by the City, County and other agencies, the GGPD has seen calls for service related to individuals residing in encamp ments increase by over 49% since 2017. The GGPD has also seen an increase in crimes committed by these individuals and are finding that nearly 50-60% of all petty crime and theft are committed by individuals residing in encampments.
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The City has also seen an increase in open air drug use, most notably the use of fentanyl, an extremely potent and often deadly narcotic. Calls for service for narcotics overdoses have increased over 100% from 2018, and overdose deaths have increased nearly 40% since 2018.
A large majority of individuals who overdose are residents or individuals who loiter around encampments.
Additionally, the City has experienced an increase of fires started at encampments that grow out of control and threaten the health and safety of the i ndividuals within the encampment, as well as the homes and businesses nearby. On multiple occasions, homes and businesses have caught fire, causing large amounts of damage.
FINANCIAL IMPACT
There is no financial impact to adopt and enforce the proposed ordinance.
RECOMMENDATION
It is recommended that the City Council:
Introduce and conduct the first reading of the ordinance adding Chapter 8.96 to the Municipal Code pertaining to camping on public places and interfering with public access, and pass it to second reading.
ATTACHMENT(S)
1. Ordinance
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ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN
GROVE ADDING CHAPTER 8.96 TO TITLE 8 OF THE GARDEN GROVE
MUNICIPAL CODE PERTAINING TO CAMPING ON PUBLIC PLACES
AND INTERFERING WITH PUBLIC ACCESS.
CITY ATTORNEY SUMMARY
This Ordinance adds Chapter 8.96 to Title 8 of the Garden Grove Municipal Code to prohibit camping, sleeping, storing personal property on public places, or interfering with public access to public places . Public places include locations such as street, alleyway, sidewalk, median, parkway, driveway, right of way, public restroom, public bench, bus bench or bus shelter, park, open space, storm drain, public building or parking lot ; and may include locations on private property such as w ithin twenty feet of an entrance or exit to any building, establishment, retail store, restaurant, office building or other place into which the public is invited, w ithin twenty feet of an automatic teller machine or any door or entrance that provides access to the automatic teller machine, and within two hundred feet of a public or private school or day care center. Exceptions to the prohibition include locations where camping events have been permitted or during parades, races or processions along their routes. The ordinance has provisions for the removal of abandoned property on public places.
WHEREAS, it is the obligation of the City to keep the public rights -of-way and public places clean and available for public use and to ensure access by the public to all property, both public and private, by the disabled, elderly, families, children, and visitors to Garden Grove;
WHEREAS, the public has expressed concern that access to public and private property is being impeded or prevented by the storage of personal items on public places, by people camping on public places, and by people using the public rights of way to sit, sleep and lie down;
WHEREAS, public places , including street s, alleyways, sidewalks, medians, parkway s, driveways, bus benches, bus shelters, parks, open spaces, storm drains, public buildings parking lots , and other rights of way are intended for the use and enjoyment of all members of the community and should be maintained in a safe and accessible condition;
WHEREAS, the storage of unattended personal property on public places creates a safety and security risk to the public because, among other things, it can create a tripping hazard, impact a person's line- of-sight, and divert limited public resources to evaluate suspicious packages;
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WHEREAS, unauthorized camping in public places can create health and safety risks related to the accumulation of trash, food waste, human waste, and contaminated medical waste;
WHEREAS, the use of public places for camping has led to an increase in calls for police, fire, and emergency medical services, thereby straining municipal resources and diverting them from other critical areas of need;
WHEREAS, the presence of unauthorized encampments has been associated with increased criminal activity, including theft, vandali sm, damage to property, noise violations, littering, prowling, trespassing, and drug-related offenses, thereby undermining public health and safety.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDEN GROVE HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Chapter 8.96 is hereby added to Title 8 of the Garden Grove Municipal Code to read as follows:
Chapter 8-96
CAMPING ON PUBLIC PLACES
AND
INTERFERING WITH PUBLIC ACCESS
§ 8.96.010 – Definitions. The following definitions apply to the use of these terms in this chapter:
“Camp” or “Camping” means use of space on public places for living accommodation purposes such as sleeping activities, or making preparations to sleep (including the laying down of bedding, cots, beds, sleeping bags, mattresses, or couches for the purpose of sleeping), or storing personal belongings, or using any tents, tarps, hammocks, camp stoves, cooking equipment, buckets, dressers, furniture, shelter or other structure or vehicle for sleeping. The above- listed activities constit ute camping when it reasonably appears, in light of all the circumstances, that the participants, in conducting these activities, are using the area as a living accommodation regardless of the nature of any other activities in which they may also be engaging.
“Open space” means any public property that is held out by the City or used by the public for passive recreational purposes, conservation, habitat preservation, or that maintains or enhances the conservation of natural or scenic resources.
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“Park” means any public property, whether developed or undeveloped, held out by the City or used by the public for active or passive park and recreation uses, including adjacent buffer lands and natural areas of any adjacent parking lots and perimeter sidewalks.
“Public places” means the locations listed in Section 8.96.020.
§ 8.96.020 – Camping; sleeping; storing personal property; locations prohibited.
A. Camping on public places. It is unlawful for any person to camp in or upon any public property, including any street, alleyway, sidewalk, median, parkway, driveway, right of way, public restroom, public bench, bus bench or bus shelter, park, open space, storm drain, public building or parking lot.
B. Sleeping on public places. No person may sleep on a public street, alleyway, sidewalk, median, parkway , driveway, right of way, public restroom, public bench, bus bench or bus shelter, or in any pedestrian or vehicular entrance to public or private property abutting a public sidewalk, or along any railroad tracks, at any time as a matter of individual and public safety.
C. Interfering with public access. It is unlawful for any person to camp, sleep, lie, or place personal property where such activity:
1. Obstructs or impedes passage, as required by the Americans with Disabilities Act; or
2. Is w ithin twenty feet of an entrance or exit to any building, establishment, retail store, restaurant, office building or other place into which the public is invited; or
3. Is within twenty feet of an automatic teller machine or any door or entrance that provides access to the automatic teller machine; or
4. Is within two hundred fifty feet of a public or private school or day care center; or
5. In a manner that unreasonably interferes with the use of the public right of way by motor vehicles, pedestrians or bicycles.
D. Unattended personal property. No person shall fix in place, store, maintain or leave personal property that is unattended on public property, including any street, alleyway, sidewalk, median, parkway, driveway, right of way, park, open space, bus shelter, storm drain, public building or parking lot. 160
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§ 8.96.030 – Removal and recovery of personal property.
A. The city council may, by resolution, adopt procedures for the removal and recovery of personal property left upon public places where camping is prohibited per Section 8.96 .020. Such procedures need not conform to those provided for in subsection (B), below.
B. Absent the city council's adoption of a resolution per subsection (A) above, personal property left upon public places where camping is prohibited for more than twenty -four hours may be removed by the city and may be recovered by the owner for up to ninety days.
C. Abandoned Personal Property.
1. Any personal property or possessions located on public property that are unattended and whose owner cannot be readily identified are presumed to be abandoned. Enforcement officers shall make a reasonable effort to ascertain whether the unattended personal property or possessions have been abandoned and, if so, to thereafter cause their removal subject to subdivisions (A) or (B) above.
2. Unattended personal property or possessions that are unsanitary, soiled, spoiled or verminous may be summarily abated and destroyed.
§ 8.96.040 – Exceptions. Section 8.96.020 shall not apply to either of the following:
A. Any event involving camping that is approved or sponsored by the city.
B. Any person camping or maintaining an encampment on public places designated by City Council resolution for such purposes.
C. Any person while viewing a legally conducted parade, race or procession along the parade, race or procession route.
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 161
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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 and this Ordinance shall take effect thirty (30) days after adoption.
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