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publicor other qf?ccrcompletingthis certi?cate veri?es
the Identity of the tndividual who signed the document to 11 this certi?cate15 attached, and not the truthfulness, accuracy vahduty
PAULA . NOTARYFuauc _
state of New Hampshire
My Commission Expires
September 23. 2025
ofnugumenz
Notary Acknowledgment
A
onI110 whit’:
, or of that document.
STATE OF NEW HAMPSHIRE
COUNTY OF MERRIIVIACK
On December22 , 2022 , before me, P411414-7-Ce?lere Notary Public, personally appeared Mark J. Stevens , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribedto the within instrument and acknowledgedto me that he/she/they executed the same in his/her/their authorizedcapacity(ies), and that by his/her/their signature(s) on the instrumentthe person(s), or the entity upon behalf of whichthe person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Signature of Notary Public
OPTIONAL
Though the informationbelow is not required by law, it may prove valuable to persons relying on the document and could preventfraudulent removal and reattachment ofthis form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [3 Individual
[3 Corporate Officer
Bid Bond
Title(s) Title or Type
[3 Partner(s) [3 Limited
D General Numberof Pages
13’Attomey-In-Fact
D T1-ustee(s) December 22, 2022
D Guardian/Conservator Date of Document
D Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Western Surety Company
Signer(s) OtherThan Named Above
NOTE: This acknowledgement is to be completedfor the Attomey-in-Fact. The Power-ofAttorney to local representativesof the bonding company must also be attached.
BOND
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V\/esternurety Company
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CERTIFICATE
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POWER OF ATTORNEY APPOINTING INDIVIDUAL A FACT
Know All Men By Thee Presents, That WESTERN SUIETY COMPANY, 21South Dakota corporation,is a duly organized and corporation having its principaloffice in the City of Sioux Falls, and State of SouthDakota, andthatit does by virtue of the signatureand sealherein a?ixed herebymake, constitute and appoint
Daniel E Church, Paula J Cantara, Michael P O'Brien, Ryan M Stevens, Christine M Hosmer, Gary P LaPierre, Matthew R Blaisdell, Mark J Stevens, Individually of Concord, NH, itstrue and lawful Attor-ney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instrumentsof similarnature - In Unlimited Amounts -
and to bind it thereby as ?illy andto the same extent as if such were signed by a duly authorizedof?cer of the corporationand all the acts of said Attorney, pursuant to the authorityhereby given, are hereby rati?ed and con?rmed.
This Power of Attorney is made and executed pursuant to and by authority of theBy-Law printed on the reverse hereof,duly adopted, as indicated,by the shareholdersofthe corporation.
In Witness Whereot‘,WESTERN SURETY COMPANYhas causedthese presents to be signed by its Vice President and its corporate seal to be hereto affixed onthis 15tl1day ofluly, Z021. ' WESTERN SURETY COMPANY T. Bru?at, Vice President
State of SouthDakota
County ofMinnehaha
On this 15t:hday of July, 2021, beforeme personally camePaul T. Bru?at, to me known, who,being by me duly sworn, did depose and say: that he resides in the City of SiouxFalls,State of South Dakota;that he isthe Vice PresidentofWESTERN SURETY COMPANYdescribedin and which executed the above instrument; thathe knowsthe seal of saidcorporation;thatthe seal a?ixed to the said instrumentissuch corporate seal;thatit,wassoa?ixed pursuant to authority given by the Boardof Directorsof said u and that he signed his name thereto pursuant to like authority, and acknowledgessame to be theact and deed of said
tsvash-as-n-n-A-uvmvnhonva 0 My commissionexpires
March 2, 2026 O-o-.»4~~-9.-.5-u-.-.n.-.n.-.-.¢.o.-.~A.t 9 M. Bent,Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETYCOMPANY dohereby certifythat thePower of Attorney hereinaboveset forthisstill in force, and furthercertifythattheBy-Law of the corporationprintedon the reverse hereofis still in force. In testimony whereofI have hereunto subscribedmy name and affixedthe seal ofthe said corporationthis 22nd day of December,2022.
WESTERN‘'~S‘—URETYCOMPANY
L.Nelson, AssistantSecretary
Form F4280-7-2012
Go to > Owner Obligee services > Validate BondCoverage, if you want to verify bond authenticity.
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dtzrtakings,
dcrtuking
arehol
Authorizing By—Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law d111yadopted by the sh ders of the
Section 7. A11bonds, policies, un Powers of Attorney, or other obligations of the corporationshall be executed in the corporate name of the Company by the President, Secretary,and Assistant Secretary, Treasurer, or any Vice President, or by such other of?cers as the Board of Directorsmay authorize. The President, any Vice President, Secretary, any AssistantSecretary, or the Treasurer may appoint Attorneys in Factor agents who shall have authority to issue bonds, policies, or un s in the name of the Company. The corporate seal isnot necessary forthe validity of any bonds, policies,undertakings,Powers ofAttorney or otherobligations ofthe corporation . The signature of any such o?icer and the corporate seal may be printed by facsimile.
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Tank 4 Recoat B|DDER'S PROPOSAL (cont’d)
CIP No. 5752
NON-COLLUSIONAFFIDAVIT
PUBLICCONTRACTCODE SECTION7106
NON-COLLUSIONDECLARATIONTO BEEXECUTEDBYBIDDERANDSUBMITTEDWITHBID The undersigned declares
1 am the Project Manager of Amp United LLC
foregoing bid
. the party making the
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 12/20/22 [date], at San diego city], California
12/20/22
of Bidder Date Signature of Bidder Date
Raymond Alvarez
Print name and title Print name and title
(Ifthe Bidder is a corporation, two signatures ofcorporate o?icersare required.)
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Tank 4 Recoat BlDDER'SPROPOSAL (cont’d)
CIP No. 5752
CONTRACTOR'SREFERENCELIST
Attach to this bid a list of ALLmunicipal or water agency projects in the past five (5) years on which the bidder and his subcontractor(s) have constructed and completed or under construction projects with the same type (elements), size and complexity of work. The Agency Engineer wil make lthe final determination of whether the projects listed here are of the same type, size and complexity as this project.
Failure of bidder to supply a complete list and sufficient documentation of similar water well experience shall be considered grounds for a non-responsive bid and, at the Agency's discretion, said bid will be disqualified.
Project Name: Contract Price: Date started: Date Completed Weaver VCMWD $1,530,975.00 9/15/2021 7/10/22
Municipality/Agency: Address: Contact Phone Number#
Valley center Water 29300 Valley Center R iName:
Valley Center, CA 920 $2
Jeson Nikrasch (760)638-9638
Project Name Contract Price: Date started Date Completed:
Kalmia EMWD $1,228,260.00 11/19/21 9/15/2022
Municipality/Agency: Address: Contact Phone Number#
Eastern Water District Trumble Rd, Name:
Perris, CA 92570
Mario Rodrigu ez
Project Name: Contract Price: Date started: Date Completed GSW Timberline $1,430,644.00 1/6/2021 12/15/2022
Municipality/Agency: Address: Contact Phone Number#
Golden State Water 630 E Foothill Blvd, Name: 1800-999-4033 San Dimas, CA 91773
Long Thai
Project Name: Contract Price: Date started: Date Completed:
Alamitos #6 $1,191,788 2/5/2021 12/18/2021
Municipality/Agency: Address: Contact Phone Number#
City of Long Beach 1800 E Wardlow Rd, Name: _ Long Beach, CA 90807 Valeri (562)570 2331
Karakanm
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Tank 4 Recoat
CIP No. 5752
Project Name
see attached Project History
Municipality/Agency:
Project Name:
Municipality/Agency:
Project Name
Municipality/Agency:
Project Name
Municipality/Agency:
Project Name
Municipality/Agency
B|DDER'S PROPOSAL (cont'd)
Contract Price:
Address:
Contract Price:
Address:
Contract Price:
Address:
Contract Price:
Address:
Contract Price:
Address:
Duplicate this page as necessary to include all projects Date started
Contact Name:
Date started:
Contact
Name:
Date started:
Contact
Name:
Date started:
Contact
Name:
Date started:
Contact
Name:
Date Completed:
Phone Number#
Date Completed:
Phone Number#
Date Completed
:
Phone Number#
Date Completed
:
Phone Number#
Date Completed:
Phone Number#
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Valley Center Mun gal Water District
Eastern Municigal water District
Cig of Long Beach
2022
2022
2021
Project History
AMP United/AMPIndustrial
29300 Valley Center Rd Valley Center CA92082
Jeson Nikrasch —
(760) 638-9638 // [email protected]
Kalmia (166’x32’) Potable Water Reservoir
Scope: Blast Interior to a SSPC—SP-10Near white blast, receive 3 coat epoxy system of Tnemec L140 on roof and shell, Floor Tnemec 22 series 100% solids. Rafter replacement, vent screening, overflow air gap, fall restraint system, cathodic protection, full exterior containment blasting and apply 3 coat system. 166 foot diameter, 32 foot high, 5 million gallon potable water storage located in Valley Center CA.
Total Contract Value: $1,553,435.00
Project Duration: December 2021 — 2022
2270 Trumble Rd Perris Ca 92570
Dustin Wetter — Engineer @ EMWD
(951)928-3777// [email protected]
Kalmia (120’x34’) Potable Water Reservoir
Scope: Blast Interior to a SSPC—SP-10Near white blast, receive 3 coat epoxy system of Tnemec L140 on roof and shell, FloorTnemec 22 series 100% solids. Column upgrades, rafter replacement, vent screening, new staircase, full handrails on exterior on tank, overflow air gap, fall restraint system, cathodic protection, full exterior containment blasting and apply 3 coat system. 120 foot diameter, 34 foot high, 3 million gallon potable water storage located in moreno valley.
Total Contract Value: $1,455,000
Project Duration: December 2021 —— 2022
3801 E Paci?c Coast Hwy Long Beach, CA 90804
Valeri Karakanov — Engineer @ City Of Long Beach
(562)570-2331// valeri.karakanov@|bwater.org
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Golden State Water- Imperial, Baldwin
Johan§.geLez@g§watgr.c
[email protected]
2021
2020
Alamitos Tank No.6 (145’x35’) Potable Water Reservoir
Scope: Blast Interior to a SSPC—SP—10Near white blast, receive 3 coat epoxy system of Tnemec L140. Column upgrades, remove and replace roofing material and vent screening, guardrails, overflow air gap, fall restraint system, cathodic protection, and spot exterior painting of an existing 132 foot diameter, 35 foot high, 3.3 million gallon potable water storage Tank No. 6 at LBWD'sAlamitos Reservoir Site.
Total Contract Value: $1,191,788
Project Duration: December 2020 — present
Imperial (24’x106') Potable Water Reservoir
Baldwin HillsEast (30’x75) Potable Water Reservoir
Baldwin HillsWest (30’x75) Potable Water Reservoir
Bald Scope: Hazardous material removal & disposal. Blast Interior to a SSPC—SP—10Near white blast, receive 3 coat epoxy system of Tnemec L140. Exterior to receive 2 coats of Tnemec L140 and final coat of Tnemec 1095. Structural items include; New roof hatch, modi?ed handrailing, New Roof Vent, & Perimeter Vent Screens & frames, R&RInterior ladder with FRP Ladder, R& Exterior Safety Climb, R&RAllrafters, Installflexible couplings for R inlet/outletpiping, R&RExterior roof fall restraint cable system, patch plates, R&RNuts & Bolts as necessary (subcontracted).
Total Contract Value: $2,100,300
Project Duration: December 2020 — present
Golden State Water - Goldmetal Reservoir
13030 Yukon Ave Hawthorne, CA 90250
Michelle Kawato — Project Coordinator @ GSW
310-436-6950 //
Yukon Reservoir 3mg (87’x40’) Potable Water Reservoir
HillsEast and West
11564 Imperial Hwy Nonualk, CA 90650, 6301 Hetzler Rd Culver City, CA 90232 Johana Perez —Engineer @ GSW
(562) 266—7553// om
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Bbanzuelo?gwaymg
2019
Scope: Hazardous material removal & disposal (high lead levels). Blast Interior to a SSPC— SP-10 Near white blast, receive 3 coat epoxy system of Tnemec L140. Exterior to receive 2 coats of Tnemec L140 and final coat of Tnemec 1095. Structural items include; New roof hatch, modified handrailing, New Roof Vent, R&RCenter & Perimeter Vent Screens &frames, R&RInterior ladder with FRP Ladder, R&RExterior Safety Climb, R&RAllrafters, R&RDavit assemblies, Install flexible couplings for inlet/outletpiping, R&RExterior roof fall restraint cable system, patch plates, R& R Nuts & Bolts as necessary (subcontracted).
Total Contract Value: $950,00
Project Duration: December 2019 — 2020
City of Powav — Buehler Reservoir
13325 Civic Center Drive, Poway, CA 92064
Brian Banzuelo — CivilEngineer @ City of Poway
858-668-4622 //
Buehler Reservoir 2.5MG (105’x40’) Potable Water Reservoir Scope: Hazardous material removal & disposal (high zinc levels). Relocate bolted tank from one job site and to bring to Buehler Reservoir site. Erect bolted tank & tie—into existing system (subcontracted). Interior to receive 3 coat epoxy system of Devoe 233H LVOC. Exterior to receive 2 coats of Macropoxy 646-100 and final coat of Shenrvin Williams Hi—So|ids 100. Structural items include; New roof hatch, modified handrailing, New Roof Vent, R&RCenter & Perimeter Vent Screens &frames, R&RInterior ladder with FRPLadder, R&RExterior Safety Climb,R&RAllrafters, R&R Davit assemblies, Install flexible couplings for inlet/outletpiping, R&R Exterior roof fall restraint cable system, patch plates, R&RNuts & Bolts as necessary (subcontracted).
Total Contract Value: $915,450
Project Duration: December 2019 — 2020
Sandia Reservoir: 5mg (185’x32’)Steal Potable Water Reservoir Scope: 3 Coat epoxy system for interior with Devoe 233H, Exterior to receive 2 full coats of Sherwin Williams Macropoxy 646 with one top coat of Shem/in Williams HS Polyurethane100. Structural items include; Top access handrail, davit arm, LLIR&R,Roof Access platform, Replace 1 section of Rafter, R&RNuts & Bolts (subcontracted).
Total Contract Value: $1,304,976
Fallbrook Public Utilities District — 5MG Tank
990 E. Mission Road, Fallbrook, CA 92028
Tim Sterger— Engineering Tech III@ Fallbrook PU
D 760-497-5779 Tim@_fgud.com
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Water ,
GrahamJordan@car|sbad:a.gav
Cigyof Paway - Alta Mira Reservoir
TK'a [email protected]
2018
Carlsbad Municipal District — C & D3 Tanks
1635 Faraday Avenue, Carlsbad, CA 92008-7314
Graham Jordan — Contracts Administrator @ City of Carlsbad //
"C” Reservoir 1.0MG (75’x32’)Recycle Water Reservoir
"D3” Reservoir 9.0MG (175’x50’) Potable Water Reservoir Scope: QP1 & QP Required. Interior & Exterior coating of both water tanks. Near White Blast and repair interior coatings with Zinc-epoxy system for interior ceiling, apply 3 coat system of 100% epoxy (Series 22 Epoxoline) to Interior wall &floor. Power Wash exterior and spot repair of both tanks and overcoat with Epoxy Mastic/Enamel system.
Total Contract Value: $1,248,385.00
Project Duration: Feb 2018 - Dec 2018
13325 Civic Center Drive, Poway, CA 92064
Taryn Kjolsing — Senior CivilEngineer @ City of Poway
858-668-4622 //
Alta Mira Reservoir 1.0MG (86’x24’) Potable Water Reservoir Scope: Hazardous material removal & disposal (high zinc levels). Relocate bolted tank from one job site and to bring to Alta Mira Reservoir site. Erect bolted tank & tie—into existing system (subcontracted). Interior to receive 3 coat epoxy system of Devoe 233H LVOC.Exterior to receive 2 coats of Macropoxy 646-100 and final coat of Shewvin Williams Hi—Solids100. Structural items include; New roof hatch, modified handrailing, New Roof Vent, R&RCenter & Perimeter Vent Screens &frames, R&RInterior ladder with FRPLadder, R&RExterior Safety Climb,R&RAllrafters, R&R Davit assemblies, Install flexible couplings for inlet/outletpiping, R&R Exterior roof fall restraint cable system, patch plates, R&RNuts & Bolts as necessary (subcontracted).
Total Contract Value: $496,807.00
Project Duration: December 2017 — April 2018
8.0 MG Reservoir (185’x38.5’) Potable Water Reservoir
Scope: 3 Coat epoxy system for interior with Devoe 233H, Exterior to receive 2 full coats of Sherwin Williams Macropoxy 646 with one top coat of Sherwin Williams HS Po|yurethane—100.
Structural items include; Top access handrail, davit arm, LLIR&R,Roof Access platform, Replace 1 section of Rafter, R&RNuts & Bolts (subcontracted).
Total Contract Value: $804,060.00
Fallbrook PUD — 8MG Reservoir
990 E. Mission Road, Fallbrook, CA 92028
Tim Sterger— Engineering Tech Ill @ Fallbrook PU
D 760-497-5779 [email protected]
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NSN Engineering — Sterigle Tanks |8)
T‘l|'|0YOC€?@TDBdl'UfII'IE|‘.CD"|
Valley Center MunicinalWater District- Rincon Reservoir dwilllams?valleycentervvater.org
Coachella Valley Water Dist 11- Reservoir 1092-1
'[email protected]
Coachella Vallev Water District
Project Duration: November 2017 — April 2018
424 Isis Avenue, Inglewood, CA90301
Nick Norocea — Project Engineer @ NSN Engineering
310-947-1602 //
Stericycle Tanks (8) 8,000 Gallon (8’x22’)Chemical Standpipes Scope: Power wash clean & hand tool clean exteriors and paint with Epoxy & polyurethane system. (Sherwin Williams 646-100 FC & Hi—SolidsPolyurethane 100) Also paint vent lines to loading dock & 10" Fire Water Pipe to Safety Green & Safety Red, respectively.
Total Contract Value: $18,757.00
Project Duration: August 2017 — August 2017
29300 Valley Center Road, Valley Center, CA 92082
Dennis Williams — Project Manager @ Valley Center MWD
760-735-4577 //
— Rincon Reservoir: 1.0MG (60’x48’) Potable Water Reservoir Scope: Removal of Interior ladder, R&Rall earthquake straps & nuts & bolts, 3 Coat system on interior with Tnemec 94—H20Hydro zinc primer, and 2 coats of Tnemec Pota—Pox V140F on the roof with a 100% solids Tnemec 22 Epoxoline Coating on the floor. Exterior to receive spot repairs with 135 Chembuild touch-ups with Intermediate coat of 1075 Tnemec Endura-Shield IIwith an overcoat of Tnemec Hydroflon V701 Low—VOC.
Total Contract Value: $203.139.08
Project Duration: May 2017 — July 2017
75515 Hovley Lane East, Palm Desert, CA 92211
Joanna Rembis—Project Manager @ Harper & Associates Engineering Inc. 951-372-9196 x103 //
- Reservoir 1092-1: 1.0MG (85’x24’) Potable Water Reservoir Scope: Interior 3 coat system with Tnemec Pota—PoxV140, Exterior Macropoxy 646-100 FCwith a finish coat of Hi—SolidsPolyurethane 100. Structural work involving; Guard railing, safety gate, new roof hatch, center vent screens, interior ladder, interior saf-t—c|imb, exterior ladder & cage, Exterior saf-t—c|imb, FallRestraint system, LLIRoof Penetration, New 36" manway, New FlushType cleanout, lnlet/outletbottom penetration, Sample tap, shell nozzle, chlorination line, Transducer Pressure Switch, Cathodic Protection, Steel Grade Band
Total Contract Value: $510,567.00
Project Duration: May 2017 — December 2017
— Reservoirs 5504-1 & 5504-2
75515 Hovley Lane East, Palm Desert, CA92211
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'oang_a@h§rgereng.com
Cig of San Jacinto -Grand Reservoir Reha ration
'[email protected]
Marine Graug Boat Works — Northgort-Manson Barge
elundeenQmarinegrougbwsorn
City of Lvnchhurg — Huntingwaod. Candler Moumain. Mill lane Reservoirs //thamas.rounds?dixonengineerigg.net
2016
Joanna Rembis — Project Manager @ Harper & Associates Engineering Inc. 951-372-9196 x103 //
Reservoir 5504-1: 2.5MG (117.5’x32.25’) Potable Water Reservoir Reservoir 5504-2: 3.5MG (139’x32’) Potable Water Reservoir Scope: Interior received 3 coat Devoe 233H epoxy system on the interior. Exteriors receive 2 coats of Macropoxy 646-100 FCwith finish coat of Hi-SolidsPolyurethane 100. Structural work involving; Center Vent R&R,Guard—rai|ing,Exterior ladder R&R,safety gate, fall restraint system, Exterior Saf—t-climb,sample ports, inlet/outletmodifications, overflow, LLIpenetration, Roof hatch R&R Manhole , Davits, Lateral Bracing, Hatch Intrusion Switch R&R,Solar Panel frame, Overflow Grate R&R,Cathodic Protection R&R.
Total Contract Value: $1,280,842.00
Project Duration: February 2017 — February 2018
595 S. San Jacinto Ave., San Jacinto, CA 92583
Joanna Rembis — Project Manager @ Harper & Associates Engineering Inc. 951-372-9196 x103 //
- Grand Reservoir Rehabilitation: 2.0 MG (104’x32’) Potable Water Reservoir Scope: Interior & Exterior Recoat. Structural work involving; Mid-Span Bracing, Roof Blocking, Center Vent Screens, Guard-railing, Exterior ladder, Auxiliary vent, safety gate, fall restraint system, lnterior Saf—t—c|imb,exterior ladder cage, sample ports, inlet/outletmodifications, overflow, outlet penetration, drain penetration, mixing system, Cathodic Protection R&R.
Total Contract Value: $609,139.65
Project Duration: January 2017 — May 2017
997 G Street., Chula Vista, CA91910
Eric Lundeen — Director of Projects @ Marine Group BW
619-621-2212 //
- Northport Barge (40’x180’) Marine Vessel
Scope: Paint undenrvater hull up to existing waterline, paint Freeboard, Barge Main deck, Exterior Deck house. SP-6 blasting with Ameron 235, Ameron LLABCLA,Ameron 302H, Ameron 138HR, Amerlock 2.
Total Contract Value: $200,000
Project Duration: December 2016 — December 2016
900 Church Street, Lynchburg, VA 24504
Tom Rounds —Project Manager @ Dixon Engineering
517-202-5602
- Huntingwood: 2.0MG Reservoir (98’x36’) Potable Water Reservoir
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Yuima Municipal Wa1er District- East Side Tank & Pump Stations & Weils [email protected]
Vuima Municigal Water District- Perrlcnne Tank
[email protected]
Fallbroak Public Utilities District- ZMG & Toyon Tank
Candler Mountain: 2.0MG Reservoir (100’x36’) Potable Water Reservoir Mill Lane Reservoir: 5.0 MG Reservoir (200’x20’) Potable Water Reservoir Scope: Huntingwood: Interior recoat with 2 coats of SW Macropoxy 646PW, Stripe Coat, Finis h
coat of SW 5500, R&RCP system with new Permanode CP System Candler Mountain: Replace all screens below Geodesic dome roof, Remove LLI,Paint concrete foundations, Repair Concrete Pipe Stands, Spot repair and 2 coats of SW Macropoxy 646, Stripe coat, finish coat of Acrolon Ultra. R&RCP system with new Permanode CP System.
MillLane: PW EXTwith algaecide to remove all mildew & growth.
Total Contract Value: $344,541
Project Duration: June 2016 — August 2016
34928 Valley Center Road, Pauma Valley, CA92061-0177
LoriJohnson — General Manager @ Yuima MWD
760-742-3704 //
— East Side Tank: 3.0MG Reservoir (115’x40’) Potable Water Reservoir — Pump Stations: Pump Station #1, Perricone Pump Station, Well 12, 19A, 21A & 22 Scope: Exterior: Spot & overcoat with epoxy urethane system. SP-2 & SP-3 Cleaning & coat with PPG Amerlock 2 spot & intermediate coat with a finish coat of PPG Amershield.
Total Contract Value: $54,096
Project Duration: June 2016 —June 2016
34928 Valley Center Road, Pauma Valley, CA92061-0177
LoriJohnson — General Manager @ Yuima MWD
760-742-3704//
— Perricone Tank: 5.0MG Reservoir (150’x40’) Potable Water Reservoir Scope: Interior: CoalTar removal, SP-10 Blast &coat with PPG Amercoat 68HS Zinc Rich Epoxy 2ft below overflow elevation. PPG Amerlock 2 intermediate coat, & Finish coat. Below the water line receives 3 coat system of PPG Amerlock 2.
Exterior: Spot & overcoat with epoxy urethane system. SP-2 & SP-3 Cleaning & coat with PPG Amerlock 2 spot & intermediate coat with a ?nish coat of PPG Amershield. Replace mesh screens.
Total Contract Value: $432,427
Personnel Contributions: Dale Kulczyk (DM), Raymond Alvarez (FS), Jennifer Lawson (Safety) Anthony Kulczyk(PA)
Project Duration: March 2016 — May 2016
- Toyon Reservoir: 420,000ga| (55’x24’) Bolted Potable Water Reservoir 990 E. Mission Road, Fallbrook, CA 92028
Tim Sterger— Engineering Tech Ill @ Fallbrook PUD
760-497-5779 [email protected]
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West Kern Water District - Tugman Tank #26
Scope: 2MG Scope was removed from contract due to structural concerns after opening tank.
District decided to have AMP demo the tank instead. Toyon Tank received new SS ladder, replaced 10 rafters, New Roof Hatch, Coal-Tar chipping of interior. Interior received 3 coat epoxy system of Macropoxy 646-PW and Exterior received Spot &overcoat system of Macropoxy 646-PW & HS Po|yurethane—100.
Total Contract Value: $354,123
Project Duration: April 2016 — May 2016
— Tupman Tank (#26): 100,000gal (32’x16’) Potable Water Reservoir Scope: Interior received coal tar chipping, 3 Coat epoxy system Devoe 233H. Exterior received spot &overcoat of Devoe 231, & Devthane 379H. Replaced Mesh screens, New Vinyl Decal on LL I. Total Contract Value: $31,698
Project Duration: March 2016 — April 2016
800 Kern St., Taft, CA93268
Doug Jameson — Project Manager/Engineer @ West Kern WD
661-577-6868 [email protected]
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Project
: proje
Tank 4 Recoat BlDDER'SPROPOSAL (cont’d)
CIP No. 5752
CONTRACTORPERFORMANCES
1. At any time in the last five years has your firm been assessed and paid liquidated damages after completion of a project under a construction contract with either a public or private owner? Ifyes, explain on a separate signed page, identifying all such projects by owner, owner's address, the date of completion of the project, amount of liquidated damages assessed and all other information necessary to fully explain the assessment of uidated dama
YES NO X
2. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason? If "yes,” explain on a separate signed page. State whether the firm involved was the firm applying for pre—qualificationhere or another firm. Identify by name of the company, the name of the person within your firm who was associated with that company, the year of the event, the owner of the project, the and the basis for the action
YES NO X
3. in the last five years has your firm been denied an award of a public works contract based on a finding by a public agency that your company was not a responsible bidder? If "yes,” explain on a separate signed page. Identify the year of the event, the owner the ct and the basis for the finding by the public agency
YES NO X
4. At any time during the past five years, has any surety company made any payments on your firm’s behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm’s behalf, in connection with a construction project, either public or private? If "yes,” explain on a separate signed page the amount of each such claim, the name and telephone number of the claimant, the date of the claim, the grounds for the claim, the present status of the claim, the date of resolution of such claim if resolved, the method by which such was resolved if resolved, the nature of the resolution and the amount, if any, at which the claim was resolved.
YES NO X
5. At any time during the past five years, has any surety company made any payments on your firm’s behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm’s behalf, in connection with a construction project, either public or private? If "yes,” explain on a separate signed page the amount of each such claim, the name and telephone number of the claimant, the date of the claim, the grounds for the claim, the present status of the claim, the date of
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CIP No. 5752
resolution of such claim if resolved, the method by which such was resolved ifresolved, the nature of the resolution and the amount, if any, at which the claim was resolved.
YES NO X
6. In the past five years has any claim against your firm concerning your firm’s work on a construction project been filed in court or arbitration? If "yes,” on separate signed sheets of paper identify the c|aim(s) by providing the project name, date of the claim, name of the claimant, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution).
YES NO X
7. Has CALOSHA cited and assessed penalties against your firm for any "serious,” “willful ” or "repeat” violations of its safety or health regulations in the past five years? If "yes,” attached a separate signed page describing the citations, including information about the dates of the citations, the nature of the violation, the project on which the citation(s) was or were issued, the amount of penalty paid, if any. Ifthe citation was appealed to the Occupational Safety and Health Appeals Board and a decision has been issued, state the case number and the date of the decision.
YES NO X
8. Has the federal Occupational Safety and Health Administration cited and assessed penalties against your firm in the past five years? If “yes,” attach a separate signed descri each citation
YES NO X
(Attach additional pages as necessary)
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CIP No. 5752
DESIGNATIONOF SUBCONTRACTORS
Name of Subcontractor
and Location of Place Description of Work Subcontractor's DIRRegistration of Business License No. Number
Corpro CP install 764878 1000002963
(Bidder to attach additional sheets if necessary)
(PUBLICCONTRACTCODE §4100 ETSEQ.)
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CIP No. 5752
BIDDERCERTIFICATIONS
TO BE EXECUTEDBYALLBIDDERSAND SUBMITTEDWITH BID
The undersigned Bidder certifies to Owner as set forth in sections 1 through 10, below
STATEMENTOF CONVICTIONS
By my signature hereunder, I hereby swear, under penalty of perjury, that no more than one final, unappealable finding of contempt of court by a Federal Court has been issued against Bidder within the past two years because of failure to comply with an order of a Federal Court or to comply with an order of the National Labor Relations Board.
CERTIFICATIONOF WORKER'SCOMPENSATIONINSURANCE
By my signature hereunder, as the Contractor, I certify that I am aware of the LaborCode Section 3700, which requires every employer to be insured against liability for worker's compensation or to undertake se|f—insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.
Please note that the submittal of this certificate does not relieve Contractor from complying with all of the insurance requirements of the Public Works Agreement and Contract Documents.
CERTIFICATIONOF PREVAILINGWAGE RATESAND RECORDS
By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Section 1773, which requires the payment of prevailing wage on public projects. Contractor and any subcontractors under the Contractor shall comply with Labor Code Section 1776 regarding timely submission of wage records, and with Labor Code Section 1777.5 regarding the employment and training of apprentices. Contractor is responsible to ensure compliance by any and all subcontractors performing work under this Contract. Failure of contractor to keep and submit certified payroll records in the time frames required by law, comply with apprenticeship standards, or pay prevailing wages for any previous project shall be grounds of bid disqualifications, at the Agency's discretion.
1. Has there been an occasion in the last five years in which yourfirm failed to keep or submit certified payroll records in the time frames required by law? If ”yes,” attach a separate signed page or pages, describing the nature of each violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees payroll records and time frames which certified ... Irecords were not ke or submitted.
YES NO x
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CIP No. 5752
2. Has there been more than one occasion during the last five years in which your firm was required to pay either back wages or penalties for your own firm’s failure to comply with the state's prevailing wage laws? If ”yes,” attach a separate signed page or pages, describing the nature of each violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid and the amount of back wages and penalties that were re ired to
YES NO X
3. During the last five years, has there been more than one occasion in which your own firm has been penalized or required to pay back wages for failure to comply with the federal Davis-Bacon prevailing wage requirements? If "yes,” attach a separate signed page or pages describing the nature of the violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid, the amount of back wages you were uired to ...a with the amount of any penalty paid
YES NO X
CERTIFICATIONOF COMPLIANCEWITH PUBLICWORKS CHAPTEROF LABORCODE By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Sections 1777.1 and 1777.7 Code, and Contractor and Subcontractors are eligible to bid and work on public works projects.
CERTIFICATIONOF NON-DISCRIMINATION
By my signature hereunder, as the Contractor, Icertify that there will be no discrimination in employment with regard to race, color, religion, gender, sexual orientation, age or national origin; that all federal, state, and local directives and executive orders regarding nondiscrimination in employment will be complied with; and that the principal of equal opportunity in employment will be demonstrated positively and aggressively.
CERTIFICATIONOF NON-DISQUALIFICATION
By my signature hereunder, as the Contractor, Iswear, under penalty of perjury, that the below indicated Bidder, any officer of Bidder, or any employee of Bidder who has a proprietary interest in such Bidder, has never been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or safety regulation, except as indicated on the separate sheet attached hereto entitled "Previous Disqua|ifications.” If a statement of “Previous Disqua|ifications” is attached, please explain the circumstances.
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CIP No. 5752
CERTIFICATIONOF ADEQUACYOF CONTRACTAMOUNT
By my signature hereunder, as the Contractor, pursuant to LaborCode Section 2810(a), certify that, if awarded the Contract based on the undersigned’s Bid, the Contract will include funds sufficient to allow the Contractor to comply with all applicable local,state, and federal laws or regulations governing the labor or services to be provided. I understand that Owner will be relying on this certification ifit awards the Contract to the undersigned.
CERTIFICATIONREGARDINGDIRCONTRACTOR/ SUBCONTRACTOR REGISTRATION By my signature hereunder, as the Contractor, I certify that Contractor, and all listed Subcontractors are the subject of current and active contractor registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code. Contractor's registration number is[please complete] 1000044170 Subcontractors’registration numbers are as indicated in Document 00 4314.
BIDDER:
12/21/22
of Bidder Date Signature of Bidder Date
Aware; Project Manager
Print name and title Print name and title
(Ifthe Bidder is a corporation, two signatures ofcorporate officersare required.)
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jan 10 2023
Department: Public Works
Submitted by: Eddie Pust, Interim City Manager
Noah Rau, Public Works Director/City Engineer;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving Replacement Subdivision Improvement Agreement and Improvement Security for Parcel Map No. 36968, located on the east side of Copenhagen Street, south of Sydney Street and north of Anchorage Street RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, approving a replacement subdivision improvement agreement and improvement security for parcel map No. 36968, located on the east side of Copenhagen Street, south of Sydney Street, and north of Anchorage Street.
BACKGROUND:
At a regularly scheduled City Council meeting held on April 23, 2019, the City Council approved Parcel Map No. 36968, along with the Subdivision Improvement Agreement (“Agreement”), and accepted the Performance Bond and Material and Labor Bond (“Bonds”). The Agreement was executed by Empresa, LLC, a Limited Liability Company (“Developer”), who also secured the Bonds necessary to ensure the public improvements associated with Parcel Map No. 36968 would be completed.
The Developer has since sold Parcel Map No.36968 to L & H Development, LLC. As the new owner, the public improvements are now to be completed by L & H Development, LLC and the City requires a subdivision improvement agreement and associated bonds from this new entity responsible for the improvements.
ANALYSIS:
Parcel Map No. 36968 provides for the development of a 40-unit apartment complex and includes all associated road and utility improvements. The next step in the process is the consideration of the replacement agreement for the subdivision work and accepting the new bonds to guarantee the completion of the work.
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The City Attorney has reviewed and approved the Subdivision Improvement Agreement and the Improvement Bond forms. Staff recommends that the City Council accept the replacement subdivision agreements and public improvement bonds.
DISCUSSION:
Approval of the replacement subdivision improvement agreements and associated bonds with the current owner of this parcel map, L & H Development, LLC, will ensure that the agreements and security for public improvements are current and with the correct entity responsible for making the improvements.
PREVIOUS COUNCIL ACTION:
At the City Council meeting of April 23, 2019, the City Council approved Parcel Map No. 36968, a subdivision improvement agreement, and accepted offers of dedication and improvement bonds from the developer.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
FISCAL IMPACT:
There are no impacts to the General Fund with this City Council action.
ALTERNATIVE(S):
1. Do not approve the Resolution to replace the Subdivision Improvement Agreements and Improvement Security.
2. Provide alternate directions to staff.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement
ATTACHMENT(S):
Attachment 1 - Copenhagen SIA Replacement Resolution
Attachment 2 - PM 36968
Attachment 3 - Empresa, LLC_SIA and Improvement Security No.36968 SIA L&H Development 2023
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City of Hemet Resolution No. 2023-xxx
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2023-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HEMET, CALIFORNIA, APPROVING A
REPLACEMENT SUBDIVISION IMPROVEMENT
AGREEMENT AND IMPROVEMENT SECURITY
FOR PARCEL MAP NO. 36968, LOCATED ON THE
EAST SIDE OF COPENHAGEN STREET, SOUTH
OF SYDNEY STREET AND NORTH OF
ANCHORAGE STREET.
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, Parcel Map No. 36968, submitted for approval
by Empresa, LLC, a limited liability company (“Developer”), was approved by the City of Hemet on April 23, 2019; and
WHEREAS, L & H Development, LLC (“Builder”) has
acquired the land known as Parcel Map No. 36968 from Developer (a copy of which is attached as Exhibit “B”); and
WHEREAS, to meet and continue the requirements
established as a prerequisite to final approval of Parcel Map No. 36968, Builder agreed to enter into a Subdivision Improvement Agreement superseding and replacing Subdivision Improvement Agreement known as Riverside County Recorder’s Document No.2019-0155907, together with good and sufficient security, in
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City of Hemet Resolution No. 2023-xxx
conformance with the City Attorney’s approved format, for approval and execution by the City; and
WHEREAS, upon recordation of the replacement
Subdivision Improvement Agreement and Improvement Security by Builder, the previously recorded Existing Agreement shall be released by the Interim City Manager or designee; and
WHEREAS, the Subdivision Improvement Agreement and
good and sufficient security have been accepted by the City; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES
AS FOLLOWS:
SECTION 1. FINDINGS - The recitals set forth above are
hereby adopted as findings in support of this Resolution.
SECTION 2. APPROVAL OF REPLACEMENT
SUBDIVISION IMPROVEMENT AGREEMENT
A. Subdivision Improvement Agreement
attached hereto as Exhibit “A” is
approved and the City Manager is
authorized to execute it and the City
Clerk is authorized to attest thereto.
B. Said improvement security is
accepted as good and sufficient,
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City of Hemet Resolution No. 2023-xxx
subject to approval as to form and
content thereof by the City Attorney,
C. Upon recordation of the
Replacement Subdivision
Improvement Agreement, the Interim
City Manager, or his designee, is
authorized to release the existing
Subdivision Improvement Agreement
and Improvement Security.
D. Pursuant to Government Code
section 66458, Parcel Map No.
36968 was previously approved, and
City accepted the real property
described therein.
SECTION 3. EFFECTIVE DATE - This Resolution shall take effect immediately upon its adoption by the City Council. The City Clerk shall attest to and certify the vote adopting this Resolution.
PASSED, APPROVED AND ADOPTED this 10th day of
January, 2023.
____________________________
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City of Hemet Resolution No. 2023-xxx
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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City of Hemet Resolution No. 2023-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 10th day of January, 2023, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members: None.
ABSTAIN: Council Members: None.
ABSENT: Council Members: None.
_____________________________
John Paul Maier, City Clerk
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RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
Document exempt from recording fees
pursuant to Cal. Gov. Code § 273 83)
CITY OF HEMET
Attn: Interim City Manager
445 East Florida Avenue
Hemet, California 92543
RIV #4837- 5047- 1680 v2
05/ 06/ 2019 01: 41 PM Fee: $ 0. 00
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor - County Clerk - Recorder
111XtYrR9r4WV; ff1111
THIS SPACE FOR RECORDER' S USE ONLY
SUBDIVISION IMPROVEMENT AGREEMENT
PARCEL MAP No. 36968
By and Between
THE CITY OF HEMET,
a municipal corporation
and
Empresa, LLC
a Limited Liability Company
Dated: April 23, 2019
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SUBDIVISION IMPROVEMENT AGREEMENT
PARCEL MAP No. 36968
This Subdivision Improvement Agreement (" Agreement") is entered into as of this 23 day of April, 2019 by and between the City of Hemet, a municipal corporation (" City") and Empresa, LLC (" Developer"), a Limited Liability Company. City and Developer are sometimes hereinafter individually referred to as " Party" and hereinafter collectively referred to as the Parties."
RECITALS
A. Developer has submitted to City an application for approval of a Parcel Map for real property located within City, a legal description of which is attached hereto as Exhibit " A".
The parcel map is identified in City records as Parcel Map No. 36968. On July 21, 2015, the City conditionally approved Tentative Parcel Map No. 36968.
B. Developer has not completed all of the work or made all of the Public Improvements required by the Subdivision Map Act ( Government Code sections 66410 et secl.), Map Act") the City Ordinances, the conditions of approval for Parcel Map No. 36968, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.
C. Pursuant to City Ordinances and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the Public Improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for Parcel Map No. 36968.
D. City has authority to enter into this Subdivision Improvement Agreement pursuant to Government Code Sections 66499 — 66499. 10.
E. Pursuant to Government Code Section 66499, Developer' s execution of this Agreement and the provision of the security are made in consideration of City' s approval of the final map for Parcel Map No. 36968.
DEFINED TERMS
Developer" shall mean EMPRESA, LLC, a Limited Liability Company. The term " Developer" shall also include all assignees, to the extent permitted under this Agreement, of the rights and obligations of Developer under this Agreement, and any successor -in -interest to Developer having a legal and/ or equitable interest in the Property.
Estimated Costs" shall mean the City Engineer' s approximation of the actual cost to construct the Public Improvements, including the replacement cost for all landscaping.
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Litigation Expenses" shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a party in good faith in the prosecution of an action or proceeding, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorneys' fees, fees for investigators, witness fees ( both lay and expert), travel expenses, deposition and transcript costs and any other cost or expense, the award of which a court of competent jurisdiction may determine to be just and reasonable.
Map Act" shall mean the Subdivision Map Act, Government Code Sections 66410 et seq.
Property" shall mean the all of the real property contained within the boundaries of Parcel Map No. 36968 located in the City of Hemet, California, as is more particularly described in the legal description and parcel map diagram attached hereto and incorporated hereby by reference at Attachment " A".
Public Improvements" shall include, but not be limited to, all grading, roads, streets, paving, curbs and gutters, sidewalks, paseos, pathways, trails, sanitary sewers, utilities, storm drains, detention and retention basins and other drainage facilities, traffic controls, landscaping, street lights and all other facilities required to be constructed and dedicated to the City or other public entity as conditions of approval of Tentative Parcel Map No. 36968 and as shown in detail on the plans, and specifications which have been approved by the City and incorporated into Parcel Map No. 36968. The Parties agree that the Public Improvements to be completed by Developer are more specifically described in the diagram or plan attached hereto and incorporated herein by reference as Attachment " 13. Notwithstanding, Attachment " B", Developer shall remain obligated to construct and complete all of the Public Improvements required as conditions of approval for Tentative Parcel Map 36968.
Required Insurance" shall mean the insurance required to be maintained by Developer under Section 17.
Security" shall mean surety bonds in the amounts and under the terms of Section 12 or other security approved by City Engineer or City Attorney.
Parcel Map No 36968." shall mean the map prepared and approved by the City for tentative Parcel Map No. 36968.
Warranty" shall mean the one year period following completion of the Public Improvements by Developer and the acceptance of the Public Improvements by the City in which Developer warrants and guarantees all Public Improvements.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
1. EFFECTIVENESS. This Agreement shall not be effective unless and until all four ( 4) of the following conditions are satisfied in the order provided:
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1. 1 Security. Developer provides City with the Security of the type and in the amounts required by this Agreement;
1. 2 Parcel Map and Agreement Approval. The City Council of the City City Council") approves the map for Parcel Map No. 36968 and this Agreement;
1. 3 Record Agreement. Developer and City execute the Agreement and City records this Agreement in the Recorder' s Office of the County of Riverside; and
1. 4 Record PgrggLMM, Developer records the map for Parcel Map No. 36968 in the Recorder' s Office ofthe County of Riverside.
If the above described conditions are not satisfied in the order, manner and within the time provided under this Agreement, this Agreement shall automatically terminate without need of further action by either City or Developer.
2. PUBLIC IMPROVEMENTS. Developer shall construct or have constructed at its own cost, expense, and liability the Public Improvements, as defined herein, within the time and in the manner required under this Agreement. Construction of the Public Improvements shall include any transitions and/ or other incidental work deemed necessary for drainage or public safety. The Developer shall be responsible for the replacement, relocation, or removal of any component of any irrigation water or sewer system in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such water or sewer system. Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary or required by City to fully and adequately complete the Public Improvements.
2. 1 Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to this Agreement, Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement.
2.2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and approvals and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer' s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or approval issued to Developer. Prior to commencing any work, Developer shall file a written statement with the City Clerk and the City Engineer, signed by Developer and each utility which will provide utility service to the Property, attesting that Developer has made all deposits legally required by the utility for the extension and provision of utility service to the Property.
2. 3 Pre -approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans and specifications for such Public Improvement have been submitted to and approved by the City Engineer, or his or her designee.
Approval by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement.
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2. 4 quality of Worl • Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.
2. 5 Standard of Performance. Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.
2. 6 Alterations, to Improvements. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer' s surety for this Agreement.
2. 7 Other Obligations Referenced in Conditions of Tentative Ma Approval. In addition to the foregoing, Developer shall satisfy all of the conditions of approval on the tentative map for the Property. The conditions of approval which have not been satisfied prior to the date of this Agreement are identified on Exhibit " D" hereto.
3. MAINTENANCE OF PUBLIC IMPROVEMENTS AND LANDSCAPING.
City shall not be responsible or liable for the maintenance or care of the Public Improvements until City formally approves and accepts them in accordance with its policies and procedures.
City shall exercise no control over the Public Improvements until approved and accepted. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City' s acceptance of the Public Improvements. Developer shall maintain all the Public Improvements in a state of good repair until they are completed by Developer and approved and accepted by City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer' s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly RN # 4837- 5047- 1680 Q - 4-
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prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance.
4. CONSTRUCTION SCHEDULE. Unless extended pursuant to this Section 4. 1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within one year ( 12 months) following approval of the map for Parcel Map No. 36968.
4. 1 Extensions. City may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. It is understood that by providing the Security required under Section 12. 0 et sem.. of this Agreement, Developer and its surety consent in advance to any extension of time as may be given by City to Developer, and waives any and all right to notice of such extension( s). Developer' s acceptance of an extension of time granted by City shall constitute a waiver by Developer and its surety of all defense of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder. In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City' s reasonable discretion.
4.2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer' s intent to abandon or otherwise not complete required or agreed upon Public Improvements.
5. GRADING. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of Parcel Map No. 36968 shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements, including City' s grading regulations. All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.
In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion ofthe Public Improvements established by this Agreement, and prior to City' s approval and acceptance of the Public Improvements and release of the Security as set forth in Section 12. 0 et sLec . of this Agreement.
6. UTILITIES. Developer shall provide utility services, including water, sewer, power, gas, and telephone service to serve each parcel, lot, or unit of land within Parcel Map No.
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36968 in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City' s jurisdictional limits. All utilities shall be installed underground.
7. FEES AND CHARGES. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to Parcel Map No. 36968, or as required by other governmental agencies having jurisdiction over Parcel Map No. 36968.
8. CITY INSPECTION OF PUBLIC IMPROVEMENTS. Developer shall, at its sole cost, expense, and liability, and at all times during construction ofthe Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur. If the City inspector requests it, the Developer at any time before acceptance of the Public Improvements shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Developer shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site.
City' s inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Developer or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.
9. ADMINISTRATIVE COSTS. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney' s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.
10. ACCEPTANCE OF IMPROVEMENTS; AS -BUILT OR RECORD
DRAWINGS. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer' s obligation to complete the remainder of the Public Improvements within the time required by this Agreement.
10. 1 Developer' s Notice of Completion. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder' s Office of the County of Riverside a notice of completion for the accepted Public Improvements in accordance with California Civil Code section 3093, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefor.
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10. 2 City Acceptance of Public Improvements. If Parcel Map No. 36968 was approved and recorded as a single phase map, City shall not accept any one or more of the improvements until all of the Public Improvements are completed by Developer and approved by City. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City' s acceptance or approval of any Public Improvements.
10. 3 Developer' s Obligation to Provide As- llu.ilt or Record Drawings.
Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Developer provides one ( 1) set of "as -built" or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.
11. WARRANTY AND GUARANTEE. Developer hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one ( 1) year following completion of the work and acceptance by City. During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one ( 1) year period following City' s acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer' s warranty obligation under this section shall survive the expiration or termination of this Agreement.
12. SECURITY; SURETY BONDS. Prior to City' s approval and execution of this Agreement, Developer shall provide City with surety bonds in the amounts and under the terms set forth below. The amount of the Security shall be based on the City Engineer' s Estimated Costs. If City determines at any time prior to Developer' s completion of the Public Improvements under Section 4 [ Construction Schedule], in its sole and absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer' s compliance with this provision ( Section 12. 0 et sem.) shall in no way limit or modify Developer' s indemnification obligation provided in Section 16. 0 ofthis Agreement.
12. 1 Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in default as set forth in Section 18. 0 et sed. of this Agreement, and to secure Developer' s one- year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer shall provide City a faithful performance bond in the amount of One Hundred Seventy Eight Thousand and 00/ 100 Dollars ($ 178, 000. 00), which sum shall be not less than one hundred percent ( 100%) of the Estimated Costs.
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12. 2 Partial Release. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the Security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement or condition of approval for Parcel Map No. 36968, and the total remaining Security is not less than twenty- five percent 25%) of the Estimated Costs. All Security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 11. 0 of this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for Parcel Map No. 36968.
12. 3 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer shall provide City a labor and materials bond in the amount of One Hundred Seventy Eight Thousand and 00/ 100 Dollars ($ 178, 000.00), which sum shall not be less than one hundred percent ( 100%) of the Estimated Costs. The Security provided under this section may be released by written authorization of the City Engineer after six ( 6) months from the date City accepts the final Public Improvements. The amount of such Security shall be reduced by the total of all stop notice or mechanic' s lien claims of which City is aware, plus an amount equal to twenty percent ( 20%) of such claims for reimbursement of City' s anticipated administrative and legal expenses arising out of such claims.
12. 4 Additional Re uirements. The surety for any surety bonds provided as Security shall have a current A.M. Best' s rating of no less than A:VIII, be a bank or insurance company licensed to transact surety business in California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, the Developer or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorney' s fees and costs, incurred by City in enforcing the obligations of this Agreement. The Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security.
12. 5 Form of Security. The evidence of the Security shall be provided on the forms set forth in Attachment " C", unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Attachment " C" and incorporated herein by this reference.
12. 6 Developer' s Liability. While no action of Developer shall be required in order for City to realize on its security under any Security instrument, Developer agrees to cooperate with City to facilitate City' s realization under any Security instrument, and to take no action to prevent City from such realization under any Security instrument. Notwithstanding the giving of any Security instrument or the subsequent expiration of any Security instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Developer shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten ( 10) days after written demand therefor, deliver to City such substitute Security as City shall require satisfying the requirements in this Section 12.
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13. MONUMENT SECURITY. Prior to City' s execution of this Agreement, to guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot comers, and street centerline monuments for Parcel Map No. 36968 in compliance with the applicable provisions of City' s Municipal and/ or Development Code (" Subdivision Monuments"), Developer shall deposit cash with City in the amount of Four Thousand Five Hundred Sixty and 00/ 100 Dollars ($ 4, 500. 00), which sum shall not be less than one hundred percent ( 100%) of the costs of setting the Subdivision Monuments as determined by the City Engineer. Said cash deposit may be released by written authorization of the City Engineer after all required Subdivision Monuments are accepted by the City Engineer, City has received written acknowledgment of payment in full from the engineer or surveyor who set the Subdivision Monuments, and provided Developer is not in default of any provision of this Agreement or condition of approval for Parcel Map No. 36968.
14. LIEN. To secure the timely performance of Developer' s obligations under this Agreement, including those obligations for which security has been provided pursuant to Sections 12. 0 et s% and 13. 0 of this Agreement, Developer hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Developer' s default on those obligations for which security has been provided pursuant to Sections 12. 0 et seq. and 13. 0 of this Agreement, City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this section.
15. SIGNS AND ADVERTISING. Developer understands and agrees to City' s ordinances, regulations, and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the summary removal by City, without notice to Developer, of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal shall be at the expense of Developer and its surety. Developer and its surety shall indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs, advertising structures, or their removal.
16. INDEMNIFICATION. Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/ or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the gross negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction. Developer' s obligation to indemnify City shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents.
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17. INSURANCE.
17. 1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below. If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.
17. 1. 1 General Liability. Developer and its contractors shall procure and maintain occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than $ 3, 000, 000 per occurrence for bodily injury, personal injury, and property damage.
17. 1. 2 Business Automobile Liability. Developer and its contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $ 1, 000, 000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible.
17. 1. 3 Workers' Compensation. Developer and its contractors shall procure and maintain workers' compensation insurance with limits as required by the Labor Code of the State of California and employers' liability insurance with limits of not less than 1, 000,000 per occurrence, at all times during which insured retains employees.
17. 1. 4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than $ 1, 000, 000 per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability.
17. 2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: ( a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or ( b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
17. 3 Additional Insured,* Separation of Insureds. The Required Insurance shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insured provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers.
17. 4 Primary Insurance; Waiver ol" Subro ation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, agents, and volunteers. All policies for the Required RIV # 4837- 5047- 1680 Q - 10-
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Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy.
17. 5 Certificates• Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
17. 6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on 30 days' prior written notice to City.
17. 7 Insurer BALing.. Unless approved in writing by City, all Required Insurance shall placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A: VIII.
18. DEFAULT; NOTICE; REMEDIES.
18. 1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation. Developer shall commence the work required to remedy the default or violation within ten ( 10) days of the written demand from the City. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the demand verbally, and Developer shall commence the required work within twentyfour ( 24) hours thereof. Immediately upon City' s issuance of the demand to remedy the default, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in Section 9. 0 of this Agreement.
18. 2 Failure to Reinedy. City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a substantial completion acceptable to City within a reasonable time designated by the City, City may complete all remaining work, arrange for the completion of all remaining work, and/ or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City' s right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none of the required or agreed upon Public Improvements at the time of City' s demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require RIV #4837- 5047- 1680 Q - 11 -
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all work by Developer or its surety to cease in order to allow adequate coordination by City.
Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Developer or its surety the full cost and expense incurred.
18. 3 Other Remedies. No action by City pursuant to Section 18. 0 et seq. of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise it rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.
19. GENERAL PROVISIONS.
19. 1 Authorityto Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.
19. 2 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
19. 3 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.
Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and case ofreference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
19. 4 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:
of",
City of Hemet
Attn: City Manager
445 E. Florida Avenue
Hemet, CA 92543
Ia DIW- U11
Empresa, LLC
30262 Crown Valley Parkway, B211
Laguna Niguel, CA 92677
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Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent provided the original is contemporaneously deposited with United States Postal Service and delivered by regular mail; by messenger, as of the date delivered; and by U. S. Mail first class postage prepaid, as of 72 hours after deposit in the U. S.
Mail.
19. 5 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
19. 6 Waiver. City' s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City' s waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City' s actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Public Improvements or this Agreement.
19. 7 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City' s written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement.
19. 8 Binding, Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.
19. 9 No Third Parly Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
19. 10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
19. 11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is RIV # 4837- 5047- 1680 Q - 13 -
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involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.
19. 12 Attorneys' Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all Litigation Expenses. Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Litigation Expenses.
19. 13 Relationship Between The Parties. The Parties hereby mutually agree that neither this Agreement, any map related to Parcel Map No. 36968, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer' s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.
19. 14 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.
19. 15 Effective :[ late of A reement. This Agreement shall not become effective until the date it has been formally approved by the City and executed by the appropriate authorities of City and Developer.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first -above written.
CITY OF HEMET
Cliristoplicr Lopez
Interim City Manager
ATTEST:
1 Sarah McComas
City Clerk
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APPROVED AS TO FORM
By:
Eric S. Vail
City Attorney
I' m-tpresa, LIX.
By: By:
A
Its: Its:
NOTE: DEVELOPER' S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER' S
BUSINESS ENTITY.
SEE ATTAM IED
NOTARIAL CERTIFICATE
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A NOTARY pUSUC On OTHER OFFICER COMPLETING
THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF
THE INDIVIDUAL WHO SIGNED THE DOCUMENT
TO WHICH THIS CERTIFICATE IS ATTACHED, , AND
NOT THE TRUTHFULNESS, ACCURACX OR
VALIDITY OF THAT DOCUMENE
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On 4W8, before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persoTi( S) whose narne)s,* eis are subscribecl to the within iuStt'LuTient and acknowledged to [ TIC that Te shel( hey hi her/ their aL1Ih0riZC( I capaciv iud that executed the sank iio, . 21,
b,YQ 9i' hel-41161' SigilatUreN Oil the illShlluleul the 1, erson IN or the entre upon behalfof which the persozN acted, executed the instrument.
I certify under the PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official sea].
SIGNATU () F NOTARY)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
E: 1 INDIVIDUAL
F1 CORPORATE OFFICER
TITLE( S)
El
M. C. MILLER x
NOTARY PUBLIC - CALIFORNIA 0
COMMSION 02181042
ORANGE COU14TY
MY C= m Vyn rphr"
I certify under the PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official sea].
SIGNATU () F NOTARY)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
E: 1 INDIVIDUAL
F1 CORPORATE OFFICER
TITLE( S)
El PARTNER( S) LIMITED
GENERAL
ATTORNEY- IN- FACT
Fj TRUSTEE( S)
F GUARDIAN/ CONSERVATOR
E: 1 OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON( S) OR ENTITY( IES))
RIV #4837- 5047- 1680 Q
DESCRIPTION OF ATTACHED DOCUMENT
TIff - iz, E OFDOC U M E NT'
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER( S) OTHER THAN NAMED ABOVE
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E BIT " A"
N 448- 210-( 005 through 014) & 448-210-( 016 through 018) All that portion of Lots 5 through 16 of Tract Map No 25225, In the City of Hemet, County of Riverside, State of California, as shown by map on file in Map Book 225, pages 77- 78, Records of Riverside County.
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SUBDIVISION IMPROVEMENT AGREEMENT
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EXHIBIT " B"
LIST OF PUBLIC IMPROVEMENTS
PARCEL MAP NO. 36968
4 IMPROVEMENT IJANTITY UNIT-----------
1 -
I -
1 1-. 1. 1 Roadway Excavation 224 -- ....... CY
2 Sawcut Existing AC Pavement 530 . . . . ....... LF
3 Cold Plane AC Pavement 932 SF
4 Grind AC Pavement in Place 117 SY
5 Remove AC Pavement24,274 SY . .....
6 Remove Concrete Curb and Gutter 1, 659 LF
7 Remove Concrete Sidewalk 2, 800 SF
8 Install AC Concrete 136 Ton
9 Install A grq.4teBase140 CY
10 Apply Asphalt Emulsion I Ton
11 Install AC Overlay 932 SF
12 Install Concrete Curb and Gutter ( TypeA). 428 LF
13 Install Can Sidewalk ( 4" min) . . .. . ....... ... 2, 118 SF 14 Install Concrete Drive Approach 1, 610 SF
1, 5 Install Concrete ADA Accessible Ramps 4 EA
16 Install Street lights andconduit 3 EA
17 Install Sidewalk Drain (D- 309) 4 EA
18 Install Street Name Si vn 2 EA
19 5 EA
20 Install Single Post Road Sign 2 EA
I- Apply Thermoplastic Markings 40 SF
22 Install Street Trees ( 24" box) 10 EA
23 Install Landscaping andlrriganion .S t 2,650SF
24 Install Landscape Fill Material__.....___ 49 CY
A st Manhole To Grade . . ......... EA . . . .......... . .... .
And all other improvements shown on the Off-site Improvement Plans for PM36968- CqpetLhageij_Villas not identified hereon.
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EXHIBIT " C"
wflffxlw:
As evidence of understanding the provisions contained in this Agreement, and of the Developer' s intent to comply with same, the Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto:
PERFORMANCE BOND PRINCIPAL AMOUNT: 178, 000. 00
Surety: SureTec Insurance Company
Attorney- in-fact: Peter Miceiche
Address: 1330 Past Oak- Blvd,, ....... Su"i-t—effil 0'-0"--'- Houston, TX 77056
MATERAD LABOR BOND PRINCIPAL AMOUNT: $ 178, 000.00
Surety: SureTec Insurance
Attorney4n--fa( t— Peter Miceiche
F - WITS = 1= 1111 iiiiii1i11
Houston, TX 77056
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SUBDIVISION IMPROVEMENT AGREEMENT
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BOND NO. 4426272
INITIAL PREMIUM: $ 4,060.00
SUBJECT TO RENEWAL
Premium Based On Final Contract Amount
myrrunw
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of Hemet, California (" City") and Kosh Investment, Inc.
Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Parcel Map No. 36968 (" Public Improvements");
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated April 23, 2019 Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.
NOW, THEREFORE, Principal and Insurance Company (" Surety"), a corporation organized and existing under the laws of the State of Texas , and duly authorized to transact surety business under the laws of the State of California, are held and firmly bound unto City in the sum of One Hundred Seventy- eight Thousand and No/ 100 Dollars ($178, 000. 00), said sum being not less than one hundred percent ( 100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. * SureTec Insurance Company
THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
R # 4837- 5047- 1680 Q I
SUBDMSION IMPROVEMENT AGREEMENT
17.K
As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications peel ications related thereto, or to the Public Improvements to be constructed thereunder, shall Iin any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension ol- time, alteration, or addition.
This bond is executed and filed to comply with Section 66499 et secs. of the Government Code ot"(,.'ah lbrnia as security for performance of -the Improvement Agreement and security for the one- year guarantee and warranty of the Public Improvements.
IN WITNESS WIJERE01-, the seat and signature oftfie Principal is hereto affixed, and the corporate seal and the name of the Surely is hereto affixed and attested by its duly authorized Attomey- in- Fact Los An 19% ----___ -- —,,—
es, CA this 29th ( lay of M— archc-— 2019
LLC
Principe
By: . .... . .....
Its: NL4Wdi
print name)
SureTec Insurance, Comp n_y,,, ...........
Surety
By:
Attorney -let - Fact
print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY" PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE BOND -LNG
COMPANY NIUST BE ATTACHED TO THIS BOND.
RIV 44836. 3917- 8284 v2 2
SUBDIVISION
17.K
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CML CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
Count An ! le. County of __ L — )
Oil MAR 99 2019 before me, Angel Nunez, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared
Pietro Micciche
Name( s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person() whose narne0o is/A06 subscribed to the within instrument and acknowledged to me that he)* WftX executed the same In his/,0%UlK authorized, capacity(* X), and that by, his/AOMMKsignature( p) on the Instrument the person(, or the entity upon behalf of which the person(o) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my j)ariid)and official
of Notary Public
Place Notary Sea] Above
OPTIONAL -
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: — Signer( s) Other Than Named Above: .,— Capacity(les) Claimed by Signer(s)
Signer' s Name,
Cl Corporate Officer — Title(s):
D Partner — E U d El General
0 Individual mvAftomey in Fact
Lj Trustee El Guardian or Conservator
E j Other:
Signer Is Representing:
Signer' s Name:
17 Corporate Officer — rrtle(s):
L1 Partner — 1- 1 Limited 1- 1 General
EJ Individual Cl Attorney in Fact
C1 Trustee D Guardian or Conservator
0 Other:
Signer Is Representing:
02014 National Notary Association - www. NationaiNotary.org - 1 - 800 -US NOTARY ( 1- 800- 876- 6827) Item # 5907
17.K
BOND NO. 4426272
INITIAL PREMIUM: Premium Based On Performance Bond
SUBJECT TO RENEWAL
1,
leiOW& OW M105 -M
PARCEL MAP No. 36968 IMPROVEMENTS
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of Hemet California (" City") and Empresa, LLC (" Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Parcel Map No. 36968 (" Public Improvements");
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated April 23, 2019 Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 ( commencing with section 3082) of Part 4 of Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney' s fee in case suit is brought on the bond.
NOW, THEREFORE, Principal and
1-
Insurance Company (" Surety"), a
corporation organized and existing under the laws of of Texas, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the Principal, the sum of One Hundred Seventy- eight Thousand and No/ 100 Dollars ($ 178, 000. 00), said sum being not less than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. * SureTec Insurance Company
RIV #4837- 5047- 1680 v2 1
SUBDIVISION IMPROVEMENT AGREEMENT
17.K
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials., provisions, or other supplies or machinery used in, upon, for or about, the performance of the Public Improvements, or for work or labor thereon of any kind, or tall to pay any of' the persons named in California Civil Code Section 3 18 1, or amounts due under the Unemployment Insurance Code with respect to work or labor perfon-ned by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the hmployment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment. Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein, As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in anvjudgi-nent rendered.
This bond is executed and filed to comply with Section 66499 et sem, of the California Government Code as security for payment to contractors, sit b contractors, and persons furnishing labor, materials, or equipment for construction of the Public Improvements or perfon-nance of the linprovement Agreernent. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 ( commenchur with Section 3082) of Part 4 of Division 3 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition,
IN WITNESSWHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name, of the Surety is hereto affixed and attested by its duly authorized Attornev- i ri- Fact at Los Angeles, CA this 29th day of March ---, 2019.
LLC
princip0l—
By: . . .............
Its: Managing, n: er
q
print name)
SureTec In-surance Compan
Surety
Attorney -In -Fast
Peter Micciche
Print name)
RIV " 4836- 3,917- 8284 Q
2 SUBDIVISION ( IMPROVEWNTA6RUMPNIT
17.K
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENT
BY PRINCIPAL AND SURETY, AND A COPY OF
ATTORNEY TO LOCAL REPRESENTATIVES 0
COMPANY MUST BE ATTACHED TO THIS BOND.
RI V # 4836- 3917- 8284 Q
3 SUBDIVISION IMPROVEMENTAORETMENT
17.K
CAUFORNIA ALL- PURPOSE ACKNOWLEDGMENT CMLCODE§ 11
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Califomia
County of --- )
2 On MAR 9 9 019 _ before me, Angel Nunez, Notary Public Date Hem insert Name and Title of the Officer
personally appeared
Pietro Micciche
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person( whose nameW is/3k subscribed! to the within instrument and acknowledig ed to me that he/AW#n executed the same in hikauthorized capacityW), and that by histoWMXVsignature(0 on the instrument the person(A), or the entity upon behalf of which the personN) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct,
WITNESS my bandl-a-r)d official seal.
Signature
Place Notary Seal Above
Signature of Notary Public
I OPTIONAL -
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: — Signer( s) Other Than Named Above:
CapacityPes) Claimed by Signer(s)
Signer' s Name:
D Corporate Officer — Title(s):
I,-] Partner — E] Lim' d El General
E-1. Individual 7Attorney in Fact
0 Trustee 0 Guardian or Conservator
D Other:
Signer Is Representing:
Signer' s Name:
11 Corporate Officer — rit* s):
0 Partner — [] Limited El General
Individual El Attomey in Fact
Trustee D Guardian or Conservator
Other: . .......
Signer Is Representing:
02014 National Notary Association - www.NationalNotary.org - 1 - 800 -US NOTARY (1- 800-876- 6827) Item # 5907
17.K
POA #: 510100
Know AII Alen kap 7hese Presents, That SURETEC 1145URANCE COMPANY ( the " Cornpany"), a corporation duly arganized and exisfing under the law,, of the State of 1"exas, and having its principal office in Rouston, Harris County, ' Fexas. does by thaw plesents iilakeE ronstitittc and appoint
Peter Miccid, ie
its trne and lawful Attorney- In- fiact, with fiAl power and autho6ty hereby conferred in its name, place and stead, to s. xecute, acknowledgc, and tlefiv- r any and all bonds, rk cognizAno. s, undortak i figs or other instruments or colitrar: ts Cif sUret-YSI-rip to include o"aivers to th".
C,Ondiliunns of con tfwcts and consents ofsurety for.
Principal: Empresa, LLC
Obligee" City of Hemet
Amount: $ 178, 000. 00
and to bind the Conip-any thereby as fully and to the same extcra asif such hond were signed by the Preskient, sealed with the cmponne, se'ad of, the (" AnTipany , axid duly ati" ted by its Secretary,. hereby ratifying and confirming all iliac die said arta rney- in- Fact may do in the p,remises, Said appointment is made url.der and by atatholity of tile " alto in resoludous of tire f3oard ofEftremors ref the Sure'fuc Insurance Company:
Re it Resotveel, Ulat the President, any Vice- Presiden, any Assistant Vico-Prosidtnt, an; ' 3ecretary or aH5- Assistant Secietary shall be aad is hereby vested widi Rall power and awhority to appoint any one ormore suitable persons. as to represcm and act 'for and on bci,,Af of the (.' ompany subject to the following provisions,, moy he given find power alid auffiority for and in the, nanre of and of behalf of the Company, to execute, acknowledge and fivcr, any and all bonds, recognLatnCe", contfacts, agreenlents or indeamity and otber condifional or obligatory naafi ertakki&s and any and al I nofices and document"; Qmceling. or len-ninating the Company' s liability therrunder, fwd any such instruments so es:ecutcd by mv, sucli Alaorne,y-in- Fact shall be biridbig upon the Company as if signed by the President and seatcd and effected by the Ciorporato Secxcu-try, Re it Resolved, that the signatwc ( if any authorized officer and seal of the Company horetryforr, or hi reaficr affixed to any powu ofationiq or aMy ceffflk,ate rekolng, dsocto by flacshnMe, and any ljowcr ofattorocy or certificate bcarin&y AUsisrrOQ: sigthaure or f4csirilk sal AuAl be wiid uld bini"Jimg ul)( m Ole (" Ontpany with wspect to any bond or tuxicrtaking to whiCh it is itttadlddr , Adopiedat a meeting heldm 20 q` in Wenass fllsereqfj SURETEC INS1.3 RA NC,El (." OMPANY' has s caused these presents to be signed by its, Presidenc, and its corporan, .,e a-? to be hereto affixed this Pith day. of April, AM, 2017, SURETECIVTkANC ( COP11 NY
0 BY:
0 ,
W John Knox , il,)X,, Presioslat it
S, t3 -C, Q t. ' I
County offlan"i"s
On this 6th Yd fy of Aprfl, AD, 2017 before Kno, personally cufne John Knox, to fric knot war; who, beirg by me ( ly dupos, 4,. Olw h? ilcs( J, s il ffouslm,, Fexas, that he is, Preside. rn, of Wli)-, 1FC INSURANCE CONWANY I ', ffie C( ed in amd ixhich cxusuled the abovt that fie knows the seal of seid Counfemy, ;:. art the seal affixed to said instrunient is such corpoilwe Seel; dint it Was so affixed 4y orrhe- Of the, Board of Lt rectos ( A' said cornpany; and ffial fie siguicA his name thereto by like order.
I JACQUELYN GREE:JNLEAF 10
Notary Public. State of Texas
Comm, Expires 05- 16- 2021]
Notary 30 9 ID 126903029
4 Officc-.- --
141luelyn Greenleaf, Notary Public
My commission expires May 18, 20271
L N4, Bn.,nt Beary, Assistant Secretary (.)f SURUD INSLI ' ANC 1' CONIFANY, do hereby certify theft the above and faire ping is a tate. and correet ccq3y t4' a Nmor of Atrorilcy, executed by said Comimov, which is still in full force and effect" and furtherrnare, rhe rosolutions of the Board ofl) ireetors, set meat res d lliw,,er of Attorney aw in fbU 11n,( x- and
Citr ayes under my hand and the steal of said (' wytpany at Houstan, Texas this ti ay r—, .. March,,-_ X019 D.
A Brent eaty, Assistant Secretary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
17.K
EXHIBIT " D"
LIST OF PARCEL MAP CONDITIONS
OF APPROVAL NOT SATISFIED
RIV # 4837- 5047- 1680 Q j
SUBDIVISION IMPROVEMENT AGREEMENT
17.K
CITY OF HEMET
FINAL
CONDITIONS OF APPROVAL
PLANNING COMMISSION DATE: July 21, 2016
PROJECT NO.: Tentative Parcel Map No. 36968 (MAP 15-006) APPLICANT: Nader Khoshniyati - Empresa Construction, LLC LOCATION: East side of Copenhagen Street, south of Sydney Street and north of Anchorage Street
DESCRIPTION: Re -subdivision of 13 existing lots on 3. 36 acres, into one ( 1) parcel and one ( 1) lettered lot
OCCUPANCY: This project has been reviewed as an Tentative Parcel -Map; any other use will require further review.
Note: Any conditions revised at a hearing will be noted by strikeout ( for deletions) and/ or underline ( for additions), and any newly added conditions will be added at the end of all conditions regardless of the Department originating the condition.
STANDARD CONDITIONS
The following conditions of approval were approved by the City Council as standard conditions of approval for all projects. Questions regarding compliance with these conditions should be directed to the Planning Division at ( 951) 765- 2375, or to the specific department and contact phone number provided below.
Gene Lql Reuirqmehuts
4 41
No--formal- not4w of -expiration -wit -be
gNen-by-the-City,
i City of Hemet— Final Conditions of Approval 0
Tentative Parcel Map No. 36968 — Copenhagen Villas
17.K
Approval ..."" " M, . e*.
o. x ;
r 0as •
n' Tha-appeal,-.sihafl,mabe-,In, wfib,ng- an" haH-be-acpaniied
3. Prior to the issuance of grading permits, a new tentative subdivision map shall be filed and recorded to remove the underlying lots and private street configuration.
4. The conditions of approval of this project shall supersede all conflicting notations, specifications, dimensions, typical sections, and the like, which may be shown on the tentative project plans.
5. This project site shall be developed in accordance with the approved plan( s) and the conditions contained herein.
This project shall comply with all sections of the Zoning and Subdivision Ordinances and all other applicable Local regulations in effect at the time of the building permit application and/ or time of recordation, including the I. C. B. O.
California Building Code, California Fire Code, and City and State Handicapped Accessibility Requirements ( California Code of Regulations, Title 24).
7. Construction activity shall meet the requirements of Hemet Municipal Code Chapter 30, Article II.
8. w
inage -plan -s - be
prepared -and -submitted wto,lbe-City E"ngmneer wand" P'I'anning.'Cepartrnent ' or"review and approva,k No grading or drainage work shall occur without a grading permit and/ or the permission of the City Engineer.
9, The applicant shall indemnify, protect, defend, and hold harmless, the City, and/ or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings ( whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures ( including, but not limited to arbitrations, mediations, and other such procedures), ( collectively " Actions"), brought against the City, and/ or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the any action of, or any permit or approval issued by, the City and/ or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof ( including actions approved by the voters of the City), for or concerning the project, whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the City of Hemet— Final Conditions of Approval
Tentative Parcel Map No. 36968 — Copenhagen Villas
17.K
Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094. 5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action.
PLANNING CONDITIONS
am=
10. This project design and construction shall be consistent with the City' s Multiple Family Residential Design Guidelines approved by the City Council on October 22, 2002 ( CC Resolution No. 3677) and approved Site Development Review No. 14- 001.
Site Develoornen
11. Prior to final map recordation all conditions of approval contained herein shall be completed to the satisfaction of the Planning Division. 12, Prior to the issuance of Grading Permits, the Developer shall submit to the Planning Division and the Public Works Department a detailed landscape and irrigation plan with automatic irrigation for landscaping on- site and for public areas, consistent with the project site plan. The plans shall be prepared by a registered Landscape Architect on the approved grading plans and shall indicate the botanical and common names. This project shall be subject to all the requirements listed in the Water Efficiency Landscaping Ordinance ( currently Ordinance No, 1827, adopted by City Council on April 13, 2010).
13. Prior to the approval of landscape plans, show all existing on- site mature trees; trees which are located in any area proposed for buildings and/ or vehicular access need not be indicated unless proposed for relocation. The Applicant shall minimize the removal of mature trees, where possible. A mature tree shall be defined as a tree with a trunk measuring 4 -inches or greater in diameter, 4 -feet from existing ground level. Mature trees removed shall be replaced by planting replacement trees at a ratio of 1: 1 and of a size not less than 24 -inch box.
City of Hernet— Final Conditions of Approval
Tentative Parcel Map No. 36968 — Copenhagen Villas
17.K
14. Prior to the approval of landscape plans, the landscape areas located west of units 1 and 23 shall be revised to include a larger variety of shrubs, vines and groundcover, subject to approval by the Planning Division.
15. Prior to the issuance of a Certificate of Occupancy or finalization of the Building Permit, landscaped areas shall have an automatic irrigation system, with automatic timers, installed and operational.
16, A one- year Faithful Performance bond, ( equal in value to ten percent ( 10%) of the cost of the installed landscaping) shall be posted to guarantee installation, plant health, and established growth. The bond may be reduced by the City after installation has been approved.
The following conditions of approval are project specific and were recommended by the Planning Division, Questions regarding compliance with these conditions should be directed to the City of Hemet Planning Division at ( 951) 765- 2375.
Planning - Environmental
17. During construction, should any archaeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified archaeologist, approved by the Planning Division and financed by the Applicant, has examined the artifacts and the site and submitted his or her findings and recommendations directly to the Planning Division. Any further release of the information to any and all parties shall be only at the direction of the Planning Division. Recommencement of construction shall be upon the approval of the Planning Division.
18. Prior to the issuance of a Grading Permit, a pre -construction burrowing owl study shall be conducted to assure that burrowing owls have not moved onto the site prior to the beginning of site work ( per Habitat Assessment prepared by Joan R.
Callahan on 4. 14. 14).
ENGINEERING CONDITIONS
The following conditions of approval are project specific and were recommended by the Engineering Department. Questions regarding compliance with these conditions should be directed to the City of Hemet Public Works - Engineering Division at (951) 765-2360.
General
19. When changes to the approved Tentative Map are proposed, a Substantial Compliance Exhibit shall be submitted for review and aroyal of the City City of Hemet — Final Conditions of Approval
Tentative Parcel Map No. 36968 — Copenhagen Villas
17.K
Engineer and Community Development Director.
20. The applicant shall coordinate with affected utility companies and obtain any permits as necessary for the development of this project
21. Where survey monuments exist, such monuments shall be protected or shall be referenced and reset, pursuant to Business and Professions Code, Sections 8700 to 8805 ( Land Surveors y _ Act).
22. Monuments shall be provided in accordance with City of Hemet Standard Specifications for Public Works Construction Standard M- 900, M -900A, and M901.
23. Cross -ties shall be set in top of curbs, and tie sheets shall be submitted to the City Engineer before a monument security is released.
24. Prior to any lane closure or detour, the Applicant shall submit a Construction Traffic Management Plan, for review and approval by the City Engineer. The plan shall include, but not limited to, signing, truck routes, and dirt hauling hours.
25. Prior to issuance of a Certificate of Occupancy, digitized drawing files of the Onsite Plans, in a City' s compatible CAD system, shall be submitted along with original mylar plans. Also provide PDF file of all City Engineer approved Improvement Plans showing City Engineer' s approval signature as well as Private Engineer' s approval signature.
26. Easement( s) of record not shown on the Final Map shall be relinquished or relocated. Lots affected by proposed easements or easements of record, which cannot be relinquished or relocated, shall be redesigned.
27. The area of Lot A shall be reserved as an easement for the rights of ingress and egress for emergency vehicles as a turn around and for drainage purposes. The lot shall be owned and maintained by the applicant/ developer.
Streets
28. Any public improvement damaged during construction, including but not limited to curb and gutter, sidewalk, access ramps, paving, trees, and lights, shall be replaced to the satisfaction of the City Engineer. Access ramps to comply with current California Building Code requirements, prior to issuance of a Certificate of Occupancy.
29. Prior to Certificate of Occupancy, the applicant/ developer shall grind and overlay the top 0. 15" from the gutter line on the east to the street centerline on Copenhagen Street in accordance with the City of Hemet Standard I City of Hemet - Final Conditions of Approval 0
Tentative PaTCOI Map No. 36968 - Copenhagen Villas
17.K
Specifications for Public Works Construction, Standard Street Sections.
30. Prior to issuance of Certificate of Occupancy, all existing driveway approaches on Copenhagen Street shall be removed and replaced with new full height curb and gutter.
31. Prior to issuance of a Certificate of Occupancy install driveway approaches in accordance with the City of Hemet Standard Specifications for Public Works Construction, Standards C- 208, C- 209, and C -210A. In accordance with City of Hemet Resolution No. 1783, driveway widths and locations shall be approved by the City Engineer.
On -Site
32 Rri to, a ,,,. e . Gr-ading er t; ...tip : nt small ui r ai t . it fog. rev• -- and pr-oval..... a Derr lit or ..Plan foru..t - exi ter g...AC inroad, curb.. &.., gutter, water....& sewer line, pity
Engineer:
33, Prior to issuance of a Certificate of Occupancy or the finalization of building permit, install a double wide ADA trash enclosure in accordance with the City of Hemet Standard Specifications for Public Works Construction, Standards R -500A series with ADA access The location(s) shall be approved by the City of Hemet Refuse Supervisor and the City Engineer.
34, Pfier-to-issuanee b
des,igR
the4eeation- of parkinVotpeciffeati
35. Prior to issuance of a Certificate of Occupancy, install handicap ramp( s) in accordance with the City of Hemet ,Standard Specifications for Public Works Construction, Standard C- 216, and C -216A and Uniform Buildin Code Title 24.
Drainage
36. Prior to issuance of the Building Permit, the Applicant shall pay the Master Storm Drain Plan fee, at the currently adopted rate.
F1 City of Hemet- Final Conditions of Approval
Tentative Parcel Map No. 36968 - Copenhagen Villas
17.K
37. Prior to issuance of a Certificate of Occupancy, FEMA Flood insurance Map 06065C147OG shows this project to be in Zone X; areas subject to 100 -year flooding, with average depths less than one foot, with an area of of 0. 2% annual chance of flood, and an area considered to be outside the 0. 2% annual chance floodplain. All building foundation pads within the development shall be elevated in accordance with City of Hemet Ordinance No. 754.
38, Prior to issuance of a Certificate of Occupancy the applicant' s Land Surveyor shall submit to FEMA and the City of Hemet an Elevation Certificate for the proposed structure on the latest Elevation Certificate FEMA Form prior to Certificate of Occupancy. The Applicant shall adhere to all Federal Emergency Management Agency ( FEMA) regulations and requirements in the event that existing drainage patterns are affected by this development. Prior to issuance of a Grading Permit all necessary calculations shall be submitted to the City of Hemet and to any governing Federal agency for review and approval. 1 ees
properties;
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City of Hemet - Final Conditions of Approval
Tentative Parcel Map No. 36968 - Copenhagen Villas
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43. Prior" te....i e v f. aro" d ," ". Psr' t; o t- suall- providethe .... City En'gin'eer -with- ro+of., t-wWA' e-'t'a"te Wate-r""".. Resources under
Co nstrastion-"'Gener'at-Peri " it -Order No,.."2 f 1 W(a Mand- 1 av - aR-ap roved W MP -Ir . ".. -the.- 0-
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ty,
44. reemen't .,with..."tho-- Go- Reeord' er, or"" othor'"." i tru on"t. aeoe'pt .- tache-amity-,,to._4nfor ... futare- ro erty,,., wn'ers" µof_"Ache re.qarremen' t.._to 1, t.- . . "" oleot"-sp, . l P45. Pri'o' ssua'n, of""a.,Ceif" t f" eapo . y .,,, Peg'i'st n"gtn sha9i rat. to-..the--"- ngeer...-a w'rithen.. tfioationm thatw". l, tf eo. . nent e'f..the a'ppro' ved,-. MP ha -. e - sa'tisfactory i - alled- and- constr uGtedw,,,,'Cea-tafi'cattien the- , ro"ved- W P.;
46. Prior to issuance of a Grading Permit, any required underground storm drain lines and appurtenances, within the public right-of-way, shall be installed in accordance with the City of Hemet Standard Specifications for Public Works Construction,
47. t,'y--ii,,*nect-r-shall,-be, sho
be -recorded
w .
a as
Engineer -for -review- and-approve4T,hydrology-on ".- i G
49, between
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r] City of Hemet - Final Conditions of Approval 0
Tentative Parcel Map No. 36968 - Copenhagen Villas
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Water
51. Domestic water service will be provided by EMWD.
Sewer
52. Domestic sewer service will be provided by EMWD.
FIRE PREVENTION CONDITIONS
The following conditions of approval are project specific and were recommended by the Fire Department, Questions regarding compliance with these conditions should be directed to the City of Hemet Fire Department, FIRE PREVENTION DIVISION at ( 951) 765- 2450.
Unless specifically stated herein, these conditions shall not be construed to permit or allow deviation from any Federal or State laws nor any of the local codes and ordinances adopted by this jurisdiction.
Hydrants and Fire Protection Systems
53. An approved water supply capable of supplying the required fire flow for fire protection shall be provided on site when any portion of the building or facility is in excess of 400 feet from an approved water supply on a public street. CFC and IFC Section 507. The location of on- site hydrants and mains shall be approved by the Fire Marshall prior to permit issuance.
54, In accordance with the CFC and IFC Section 507, the water system ( mains and hydrants) shall be tested and accepted by the Fire Marshal prior to the commencement of combustible construction. Hydrant markers ( Blue Dots) shall be installed pursuant to the City of Hemet Standard Specifications for Public Works.
Fire Department Access
55, Prior to delivery of combustible materials on site, provide and maintain an allweather surface access roadway 20 -feet wide with a 13 -foot 6 -inch vertical clearance designed to support the imposed loads of fire apparatus in accordance with the CFC and IFC Section 503. 1 ( dirt or native soil does not meet the minimum standard). Minimum turning radius for fire apparatus is 52 feet outside) and 32 feet ( inside). Fire access is required to within 150 feet of all portions of every building unless otherwise approved by the Fire Marshal. 11 City of Hemet - Final Conditions of Approval D
Tentative Parcel Map No. 36968 - Copenhagen Villas
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56. Prior to the issuance of a Building Permit, in accordance with the CFC and IFC Section 503. 2. 5, approved turnarounds are required on any access road in excess of 150 feet in length, per City of Hemet Fire Department Standards. 57, Prior to the issuance of a Building Permit, Fire Department access roads shall have an unobstructed minimum width of 26 feet where fire hydrants are located along the access roadway or as otherwise determined by the Fire Marshal in accordance with CFC and IFC Section 503. 2. 2. & the CFC and IFC Appendix Section D103.
58. Prior to the issuance of a Building Permit, Provide secondary access/egress per CFC and IFC Section 503. 1. 2 as required by the Fire Department. No portion of any public or private street used for fire access shall exceed 12% grade without approval from the Fire Marshal. All cul- de- sacs shall conform to City Standards for length, width and turnaround radius,
59. Prior to the issuance of a Certificate of Occupancy, " No Parking - Fire Lane" signs, red curbing, street signs and other required markings shall be provided to the specifications of the City of Hemet Fire Marshal in accordance with the CFC and IFC Section 503. 3 and California Vehicle Code Section 22500. 1.
Prior to the issuance of a Building Permit, in accordance with the CFC and IFC Section 503, security gates if installed, shall be installed with approved automatic devices and/ or key switches to allow Fire and Police Department access and egress pursuant to the City of Hemet Municipal Code and Fire Department Standards.
61. Prior to the issuance of a Building Permit, Install Knox key boxes and/ or Knox locks for Fire and/ or Police Department access in accordance with CFC and IFC Section 506 and the Hemet Municipal Code.
62. Prior to the issuance of a Building Permit, modify driveway and on- site circulation in order to provide additional access for fire apparatus pursuant to CFC and IFC Section 503 ( contact the Fire Marshal for specifics). Minimum turning radius for fire apparatus is 52 feet ( outside) and 32 feet (inside). Fire access turn -around areas must be clear from obstructions including outside storage, trash enclosures and parked vehicles.
Miscellaneous
63, Prior to the issuance of a Certificate of Occupancy, an electronic version of the final tract map or site plan shall be submitted for fire suppression use. The scale shall be such that the site plan shall be clearly legible, showing all streets, the building footprints and addresses, fire hydrant locations, Knox box locations ( if City of Hemet — Final Conditions of Approval
Tentative Parcel Map No. 36968 — Copenhagen Villas
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Vxfi
applicable), and access driveways. The format shall be compatible with the City ; of Hemet' s electronic data base or equivalent.
City of Hemet — Final Conditions of Approval CI
Tentative Parcel Map No. 36968 — Copenhagen Villas
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BOND NO. 4426272
INITIAL PREMIUM: $4, 0600. 00
SUBJECT TO RENEWAL
Premium Based On Final Contract Amount
CITY OF HEMET
PARCEL MAP NO. 36968 IMPROVEMENTS
WHEREAS the City of Hemet, California (" City") and Kosh Investment, Inc.
Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Parcel Map No. 36968 (" Public Improvements");
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated April 23, 2019 Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.
NOW, THEREFORE, Principal and Insurance Company (" Surety"), a corporation organized and existing under the laws of the State of Texas , and duly authorized to transact surety business under the laws of the State of California, are held and firmly bound unto City in the sum of One Hundred Seventy- eight Thousand and No/ 100 Dollars ($ 178,000.00), said sum being not less than one hundred percent ( 100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. * SureTec Insurance Company
THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
RIV #4837- 5047- 1680 Q 1 SUBDIVISION IMPROVEMENT AGREEMENT
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As part of the obligation secured hereby, and in addition to the face amount spccifted therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Surety, for value received, hereby stipulates and agrees that no change, extension oftime, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related ( hereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of" time, alteration, or addition.
rhis bond is executed and filed to comply with Section 66499 et seq. of the Government Code of Cali lornia as security for performance of -the Improvement Agreement and security for the one- year guarantee and warranty ofthe Public Improvements.
IN WITNESS WRb-KEOP, the seal and signature of: the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duty authorized Attorney -in -Fact at Los Anaeles, CA this 29th day of Mrh2019 a, C-- _ EmpTsa,..,L-LC11----. . . . . .......... . . . .... ...
By:
Its: Mas WRT11
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SureTec Insurance Qprnpany_
Surety
By:
Attornev- In- Fact
I
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NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION
BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED 110 THIS BOND,
RI V 94936- 3917- 8284 V2 2
SLAIDIVISION IMPROVFMENTAGREFAWNT
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CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, State of California
County of mm,Las Aqqetes
On MAR 29 201
1 9 before me, Angel Nunez, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Pietro Micciche
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personoo whose namew is/ X* subscribed to the within instrument and acknowledged to me that hWAWXM executed the same in his/) 1go( ftok authorized capacity( M), and that by his/ XW& q0Wsignature( p) on the instrument the person( g), or the entity upon behalf of which the person($) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS myhamij) and official
of Notary Public
Place Notary Sea/ Above
11 OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: — Signer( s) Other Than Named Above:
Capaeft( ies) Claimed by Signer( s)
Signer' s Name:
D Corporate Officer — Title( s):
L.1 Partner — 1.]J Lim' d U General
11 Indiidual v
Lim'
in Fact
Ll Trustee U Guardian or Conservator
Cl Other:
Signer Is Representing,
Signer' s Name: . . ........ . .
E Corporate Officer — Title( s):
C1 Partner — Cl Limited G General
1- 1 Individual El Attorney in Fact
El Trustee F3 Guardian or Conservator
I*-) Other:
Signer Is Representing:
02014 National Notary Association - www. NationaiNotary. org - 1 - 800 -US NOTARY ( 1- 800876- 6827) Item # 5907
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BOND NO. 4426272
INITIAL PREMIUM: Premium Based On Performance Bond
SUBJECT TO RENEWAL
CITY OF HEMET
PARCEL MAP No. 36968 IMPROVEMENTS
FORM OF LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of Hemet California (" City") and Empresa, LLC (" Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Parcel Map No. 36968 (" Public Improvements");
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated April 23, 2019 Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 ( commencing with section 3082) of Part 4 of Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney' s fee in case suit is brought on the bond.
NOW, THEREFORE, Principal and w * Insurance Company (" Surety"), a corporation organized and existing under the laws of the State of Texas, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the Principal, the sum of One Hundred Seventy-eight Thousand and No/ 100 Dollars ($ 178, 000. 00), said sum being not less than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. * SureTec Insurance Company
RIV # 4837- 5047- 1680 Q I
SUBDNISION IMPROVEMENT AGREEMENT
17.K
THE CONDITION OF TRIS OBLIGATION IS SUCH that if the Principal, his or its wbeontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3 18 1, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withhold, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein.
As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in anyjudgment rendered.
This bond is executed and filed to comply with Section 66499 et seg, of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for construction of the Public Improvements or performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the California Civil Code, so as to give a right of action to therri, or their assigns in any suit brought upon this bond.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and. speci fications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
IN WITNESS WHEREOF, the sea] and signature of the Principal is hereto affixed, and the corporate seal and the nanic of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Los Angeles, CA this 29th day of, March 2019, I . . ............
Em esa, LLC
P
Bv:
Its: Kianaging er
L...
print name)
SureTec Insurance Cornpanv
Surety
By. A2
Attorricy- In- Fact
Peter Micciche
print name)
RIV # 4836- 3917- K84 2 2
SUBDIVISION IMPROVEMENTAGRF12MENT
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NOTE: APPROPRIATE, NOTARIAL ACKNOWLEDGMENTS
BY PRINCIPAL AND SURETY, AND A COPY ofF
ATTORNEY TO LOCAL REPRESENTATIVES OF
COMPANY MUST BE ATTACHED TO THIS BOND.
RIV # 4936- 3917- 8294 Q 2 SUBDIVISION IMPR( YVI,',MENI' ACvREE\, I,6-, NT
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CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT OML CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Angeles
On- M.AR 19 before me, AnNunez, Notary Public
Date Hem Insert Name and Title of the Officer
personally appeared
Pietro Micciche
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the personoo whose name() is/Xft subscribed to the within instrument and acknowledged to me that he)* M()W executed the same in his, ( o(ftjK authorized capacity(* X), and that by his/)qWMXV sIgnature(; 0 on the instrument the person(), or the entity ,upon behalf of which the person(o) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my ban " a official seal.
Signature
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: ... IT...__......--- Document Date:
Number of Pages: — Signer( s) Other Than Named Above:
Capacity( les) Claimed by Signer(s)
Signer' s Name:
D Corporate Officer — Title(s):
El Partner — E-J" Limd! FJ General
I I Individual APAttorney in Fact
H Trustee U Guardian or Conservator
Ll Other:
Signer Is Representing:
Signer' s Name:. . ....... .. -_ - 111111-
n Corporate Officer — Title(s): ....... .
El Partner — 0 Limited El General
C] Individual El Attorney in Fact
El Trustee 0 Guardian or Conservator
U Other:......
Signer Is Representing:
02014 National Notary Association - www. NationaiNotary. org - 1 - 800 -US NOTARY ( 1- 800- 876- 6B27) Item # 5907
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Know 411 Men Ay These Prt vews, That SUKETEX. INSURANCE COMPANY ( the " Company"), a corporation duly organized and eXis6ng' Under tile laws of the State of')' exw', and having its prilicip"d office in Houston, Han -L; ccwnty, ' Fumis, dues by these p' esents' nlakConstitute aand appoint
Peter Micciche
is Rmo , a,ud lana - Rd ikuoruey- in- raot' wikh full po%,wr .and authority bf=, by coa[(,.,rrcd in its imi-ne, phwc aad stead, to ac,0m.cwtudg, , and deliver any and afl bonds, n. nrtderluld nygs or other itistruments or contratwis ofsuretyship to inchde watw. rs to lhc Conditions of corimicts wrisents of sarety for:.
Prml,,ipal: Empresa, L. L. C.
Obiigee: City of Hernet
Amount: $ 178:,000. 00
and to Nyrd the Company thereby as fully mvi to, the sameextont as if such bond were sjgne, J Ilbyr the President, sealed with the corpwrat0 sc."J of the Company and duly aueswd by its Sc- f., i-elaxy, heroby ratifsa ing "and coutirnmig at] that tile, y 1 id airy` do in I'lle prcnnkes_ Said appointuient is rnade under and by authority of the re.scdutious of" fine Board ofl) j,mcton; offlit', Scars: ' k -,c Insurance Company:
13,,, i( Ro, solved, fto the dIresi6, w, any Vice- Nesident, any Assistant Vice4lresidcnt, ! ray Socroaq orany Msi,-,Ianl t' osmd is hereby vcswd Mkh 15. 01 p('mer and authority, to appoka an,,," one or more surlabie per, xyns as Aftmey( s)- in--Ilacl to mpresteir and act for and on befi, flfofdw, C,mnpany J ect u.) ifie, foHowin provlslows:
A,00rriev- i'u- Pacl, u4" Y bt gVQ' n foll pwxej and as qlwrity 16r and in the imme of and of tichalfof0w, Company, to cxecute, acknoiedg,,,; and hehvQrl any anA sH tmnck, rcccq, Hizw1cC8' contrauts, or indcninity and allicr condidonal or obfigalory undertakings uad any and cd rlofic"' s and documelas canceHng or tcauwfimdny , the C'oIIIPWAY' S h3bility fl1CX' CWKlCr, aped any such instruments so oxcruted by arty such Attorhey- in- V"act Oak be binding upon thc Company as if signed by Uie Preskkane and mfled and clTected by de (,orporate Secretary, b1c it ReyoNed, thal the sgg nature of any authoriml officer and scal of the comptuly or humdler afflxcd to any power of dim ney or ap'), cenificaw, relating, Rt oreto by filt-simac, mxl any Imwer ofaqtargwy or ccrtificate heariag fficsitnilr igwature or fac""iyade scul "';hah l vakd and bindin"', upon the (' ompany s%4111 respoct to atiy bcqid, or undertaking, to WhiCtl it iS altaChVd, ( Iffh)ptodw a e" eenng lwldon ""Vi' o'f.Apro, 9, 9y
InIn 0'hnestf'fiere(>1'1 [ N'S"t) R,AN(, E (..,(,)MPANY has c-aused theu! presews to besigned by its flrosjdcw, and i1scorporateseal to be hertto ',ffflk ed this 6th cfiay of Ap it, AD, 2W 7, SURETEC I JRANC " CX ) NY
A s SAN&'!%
By.........
ear
w
John. K o Presid it
rarja e (" i' l fun
n tP, t. 6,51r a fii} ( 1Api fl, AJ.). 2,.) V7 porsom,, Hv varne John Knox, Jr- to rao knownv,, hv, bF airr by mu wily ';' u " "", Worn, or did d, dopos' ;. md Ul',a U, 5 Itx, S. d4ks he N jIte'siden" of 'NL JNSUIRANCL COMP,ANY, thc comp"'Iny descrimt in awl sihia, fi 0," Xecm( d th", Hou' kln inaruwrrcci;, t1tsl he krwws flu se"fl (::` ompany: that th' seah afriud to said histrument issuQh coqiorale scat; dad it was so affixed by ordcr of thea; Bnard Cal ' Nrk' cmns; of' said C'o' Tapany; and kil he Ns nan-)e thereto by Re orrbcsr, µa aerr JACOUELYN GREENLEAF
Notary PuWic, State of Texas
comm Lxpiros WIS- 2021
Notary it) 12690300 299 4- 54", " elyn Greenleaf, Notary Public My commission expires May US, 2021
1, INI, Beaty, Assismia, Secrolmy ofSU' R1,'1TT,("' 1W) RANCE, CONIVANY, do hereby certify thal the, aboveand flare gcdng is as mi0and COTUC' Cta, J') y, od - a V( mv- A' Mwrncy' ray snW Coinpany, whi4h k' ;,Wl in fidl force and effect; and ( he ro'solutions of the Fio"trd euen thc of' Auorney are in fuU ibre,-' aral efti,'o,
unt"Ier n y hand and the se,,,'d ofsaid Coinpfjny at Houston, ' Tcxas this, - 29th da f March 2019 A D, M B t I eaty, Assista ti t Seereth ry
Any instrument hssoed in excess of the penalty stated above is totally void and wlthout any validity.
For ve6ficafioii of the authority of this power you may caH ( M) 812. 0800 any business day betweers 8M am and SM pm CST,
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Date: April 25, 2019
RECEIVED from the City of Hemet, mylar map of:
City of Hemet Ordinance No. 494, requires the filing of Final Subdivision Maps.
A. . . Every approval or acceptance of any final map by the Planning Commission and the Council shall become void at the expiration of 90 days after the date of approval unless within such time, such final map be filed in the Office of the County Recorder of the County and be accepted by him as a public record in accordance with the provisions of the Subdivision Map Act of the State. If any final map shall be so recorded, three conformed copies of such recorded map ( 1 mylar, 2 paper prints) shall be filed with the City Clerk of the City of Hemet within 15 days of the date of recording with the County Recorder.
Failure to file with the County Recorder and with the City Clerk as herein provided, shall cause such approval and acceptance to become void ... @
To be mailed to: City of Hemet
City Clerk
445 E. Florida Avenue
Hemet, CA 92543
m Print Nam e
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RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
(Document exempt from recording fees
pursuant to Cal. Gov. Code § 27383)
CITY OF HEMET
Attn: City Manager
445 East Florida Avenue
Hemet, California 92543
THIS SPACE FOR RECORDER’S USE ONLY
SUBDIVISION IMPROVEMENT AGREEMENT
FINAL PARCEL MAP 36968
By and Between
THE CITY OF HEMET,
a municipal corporation
and
L&H Development, LLC
DATED JANUARY 10, 2023
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RIV #4830-8901-9593 v1 - 1 - SUBDIVISION IMPROVEMENT AGREEMENT
SUBDIVISION IMPROVEMENT AGREEMENT
PARCEL MAP NO. 36968
This Subdivision Improvement Agreement (“Agreement”) is entered into as of this 10th day of January, 2023 by and between the City of Hemet, a municipal corporation (“City”) and L&H Development, LLC, a California corporation (“Builder”). City and Builder are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City of Hemet has previously approved Parcel Map No. 36968 on April 23, 2019, along with proper and sufficient security.
B. Empresa, LLC, a Limited Liability Company, (“Developer”) has not completed all of the work or made all of the Public Improvements required by the Subdivision Map Act (Government Code sections 66410 et seq.), (“Map Act”) the City Ordinances, the conditions of approval for Parcel Map No. 36968, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.
C. Builder has acquired the land known as Parcel Map No. 36968 from Developer.
D. The City desires to enter into this Agreement amending and superseding the Subdivision Improvement Agreement by and between the City of Hemet, a municipal corporation and Builder, also known as Riverside County Recorder Office Document No. 2019-0155907 (“Original Subdivision Improvement Agreement”).
E. Builder has not completed all of the work or made all of the Public Improvements required by the Subdivision Map Act (Government Code sections 66410 et seq.), (“Map Act”) the City Ordinances, the conditions of approval for Parcel Map No. 36968, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.
F. Pursuant to City Ordinances and the applicable provisions of the Map Act, Builder and City enter into this Agreement for the timely construction and completion of the Public Improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for Parcel Map No. 36968.
G. City has authority to enter into this Subdivision Improvement Agreement pursuant to Government Code Sections 66499 – 66499.10.
H. Pursuant to Government Code Section 66499, Builder’s execution of this Agreement and the provision of the security are made in consideration of City’s approval of the final map for Parcel Map No. 36968.
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RIV #4830-8901-9593 v1 - 2 - SUBDIVISION IMPROVEMENT AGREEMENT
DEFINED TERMS
“Builder” shall mean L&H Development LLC, a limited liability company. The term “Builder” shall also include all assignees, to the extent permitted under this Agreement, of the rights and obligations of Builder under this Agreement, and any successor-in-interest to Builder having a legal and/or equitable interest in the Property.
“Developer” shall mean Empresa, LLC, a Limited Liability Company. The term “Developer” shall also include all assignees, to the extent permitted under this Agreement, of the rights and obligations of Developer under this Agreement, and any successor-in-interest to Developer having a legal and/or equitable interest in the Property.
“Estimated Costs” shall mean the City Engineer’s approximation of the actual cost to construct the Public Improvements, including the replacement cost for all landscaping. “Litigation Expenses” shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a party in good faith in the prosecution of an action or proceeding, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorneys’ fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs and any other cost or expense, the award of which a court of competent jurisdiction may determine to be just and reasonable.
“Map Act” shall mean the Subdivision Map Act, Government Code Sections 66410 et seq. “Property” shall mean the all of the real property contained within the boundaries of Parcel Map 36968 located in the City of Hemet, California, as is more particularly described in the legal description and parcel diagram attached hereto and incorporated hereby by reference at Attachment “A”.
“Public Improvements” shall include, but not be limited to, recertification of rough graded pads, finish grade, repair existing streets, curbs and gutters, sidewalks, water systems, sanitary sewers, utilities, and drainage facilities (if any), landscaping, street lights and all other facilities required to be constructed and dedicated to the City or other public entity as conditions of approval of Parcel Map No. 36968 and as shown in detail on the plans, and specifications which have been approved by the City and incorporated into Parcel Map No. 36968. The Parties agree that the Public Improvements to be completed by Builder are more specifically described in the diagram or plan attached hereto and incorporated herein by reference as Attachment “B. Notwithstanding, Attachment “B”, Builder shall remain obligated to construct and complete all of the Public Improvements required as conditions of approval for Parcel Map No. 36968, a full copy of which is on file with and may be obtained from the Engineering Department of the City of Hemet. “Required Insurance” shall mean the insurance required to be maintained by Builder under Section 17.
“Security” shall mean surety bonds in the amounts and under the terms of Section 12 or other security approved by City Engineer or City Attorney.
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RIV #4830-8901-9593 v1 - 3 - SUBDIVISION IMPROVEMENT AGREEMENT “Parcel Map No. 36968..” shall mean the final map prepared and approved by the City for parcel map no. 36968.
“Warranty” shall mean the one year period following completion of the Public Improvements by Builder and the acceptance of the Public Improvements by the City in which Builder warrants and guarantees all Public Improvements.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
1. SUPERSESSION. This Agreement supersedes and replaces the Original Subdivision Improvement Agreement in its entirety. Upon execution of this Agreement by the Builder, the Original Subdivision Improvement Agreement shall be of no further force and effect unless reinstated.
2. EFFECTIVENESS. This Agreement shall not be effective unless and until all four (4) of the following conditions are satisfied in the order provided:
2.1 Security. Builder provides City with the Security of the type and in the amounts required by this Agreement;
2.2 Final Map and Agreement Approval. The City Council of the City of Hemet (“City Council”) previously approved the final map for Parcel Map No. 36968 and now approves this Agreement;
2.3 Record Agreement. Builder and City execute the Agreement and City records this Agreement in the Recorder’s Office of the County of Riverside; and If the above described conditions are not satisfied in the order, manner and within the time provided under this Agreement, this Agreement shall automatically terminate without need of further action by either City or Builder.
3. PUBLIC IMPROVEMENTS. Builder shall construct or have constructed at its own cost, expense, and liability the Public Improvements, as defined herein, within the time and in the manner required under this Agreement. Construction of the Public Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. The Builder shall be responsible for the replacement, relocation, or removal of any component of any irrigation water or sewer system in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such water or sewer system. Builder further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary or required by City to fully and adequately complete the Public Improvements.
3.1 Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to this Agreement, Builder agrees
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RIV #4830-8901-9593 v1 - 4 - SUBDIVISION IMPROVEMENT AGREEMENT to complete such Public Improvements or assure their completion in accordance with this Agreement.
3.2 Permits; Notices; Utility Statements. Prior to commencing any work, Builder shall, at its sole cost, expense, and liability, obtain all necessary permits and approvals and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Builder’s obligations under this Agreement. Builder shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or approval issued to Builder. Prior to commencing any work, Builder shall file a written statement with the City Clerk and the City Engineer, signed by Builder and each utility which will provide utility service to the Property, attesting that Builder has made all deposits legally required by the utility for the extension and provision of utility service to the Property.
3.3 Pre-approval of Plans and Specifications. Builder is prohibited from commencing work on any Public Improvement until all plans and specifications for such Public Improvement have been submitted to and approved by the City Engineer, or his or her designee.
Approval by the City Engineer shall not relieve Builder from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement.
3.4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.
3.5 Standard of Performance. Builder and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Builder represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Builder warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.
3.6 Alterations to Improvements. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Builder shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Builder’s surety for this Agreement.
4. MAINTENANCE OF PUBLIC IMPROVEMENTS AND LANDSCAPING.
City shall not be responsible or liable for the maintenance or care of the Public Improvements until
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RIV #4830-8901-9593 v1 - 5 - SUBDIVISION IMPROVEMENT AGREEMENT City formally approves and accepts them in accordance with its policies and procedures. City shall exercise no control over the Public Improvements until approved and accepted. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Builder at all times prior to City’s acceptance of the Public Improvements. Builder shall maintain all the Public Improvements in a state of good repair until they are completed by Builder and approved and accepted by City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Builder’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Builder fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Builder and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance.
5. CONSTRUCTION SCHEDULE. Unless extended pursuant to this Section 4.1 of this Agreement, Builder shall fully and adequately complete or have completed the Public Improvements within three (3) years (36 months) following approval of the final map for Parcel Map No. 36968.
5.1 Extensions. City may, in its sole and absolute discretion, provide Builder with additional time within which to complete the Public Improvements. It is understood that by providing the Security required under Section 12.0 et seq. of this Agreement, Builder and its surety consent in advance to any extension of time as may be given by City to Builder, and waives any and all right to notice of such extension(s). Builder’s acceptance of an extension of time granted by City shall constitute a waiver by Builder and its surety of all defense of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder. In addition, as consideration for granting such extension to Builder, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the improvement security provided by Builder, and to require adjustments thereto when warranted according to City’s reasonable discretion.
5.2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Builder has provided the City Engineer with written notice of Builder’s intent to abandon or otherwise not complete required or agreed upon Public Improvements.
5.3 Builder Obligations Do Not Terminate. Notwithstanding the construction schedule and option for extensions provided in Sections 4.1 and 4.2, Builder’s failure to complete the Public Improvements or to otherwise satisfy all conditions of approval, or City’s non-extension of the time referenced in those sections shall not terminate or otherwise relieve the Builder of the obligation to complete the Public Improvements and conditions of approval and
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RIV #4830-8901-9593 v1 - 6 - SUBDIVISION IMPROVEMENT AGREEMENT such obligations shall survive the term of this Agreement and shall survive until satisfied in full unless waived or modified by formal action of the City Council.
6. GRADING. Builder agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of Parcel Map No. 36968 shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements, including City’s grading regulations. All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.
In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City’s approval and acceptance of the Public Improvements and release of the Security as set forth in Section 12.0 et seq. of this Agreement.
7. UTILITIES. Builder shall provide utility services, including water, sewer, power, gas, and telephone service to serve each parcel, lot, or unit of land within Parcel Map No. 36968 in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Builder shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City’s jurisdictional limits. All utilities shall be installed underground.
8. FEES AND CHARGES. Builder shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to Parcel Map No. 36968, or as required by other governmental agencies having jurisdiction over Parcel Map No. 36968.
9. CITY INSPECTION OF PUBLIC IMPROVEMENTS. Builder shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur.
If the City inspector requests it, the Builder at any time before acceptance of the Public Improvements shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Builder shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City’s inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Builder or
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RIV #4830-8901-9593 v1 - 7 - SUBDIVISION IMPROVEMENT AGREEMENT the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.
10. ADMINISTRATIVE COSTS. If Builder fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Builder fails to comply with any other obligation contained herein, Builder and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney’s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.
11. ACCEPTANCE OF IMPROVEMENTS; AS-BUILT OR RECORD
DRAWINGS. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Builder’s obligation to complete the remainder of the Public Improvements within the time required by this Agreement.
11.1 Builder’s Notice of Completion. Upon the total or partial acceptance of the Public Improvements by City, Builder shall file with the Recorder’s Office of the County of Riverside a notice of completion for the accepted Public Improvements in accordance with California Civil Code section 3093, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefor.
11.2 City Acceptance of Public Improvements. If Parcel Map No. 36968 was approved and recorded as a single phase map, City shall not accept any one or more of the improvements until all of the Public Improvements are completed by Builder and approved by City. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City’s acceptance or approval of any Public Improvements.
11.3 Builder’s Obligation to Provide As-Built or Record Drawings.
Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Builder provides one (1) set of “as-built” or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.
12. WARRANTY AND GUARANTEE. Builder hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one (1) year following completion of the work and acceptance by City. During the Warranty, Builder shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Builder and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Builder and its surety hereby agree to extend the Warranty for an additional one (1) year period following City’s acceptance of the repaired, replaced, or
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RIV #4830-8901-9593 v1 - 8 - SUBDIVISION IMPROVEMENT AGREEMENT reconstructed Public Improvements. Nothing herein shall relieve Builder from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Builder’s warranty obligation under this section shall survive the expiration or termination of this Agreement.
13. SECURITY; SURETY BONDS. Prior to City’s approval and execution of this Agreement, Builder shall provide City with surety bonds in the amounts and under the terms set forth below. The amount of the Security shall be based on the City Engineer’s Estimated Costs.
If City determines at any time prior to Builder’s completion of the Public Improvements under Section 4 [Construction Schedule], in its sole and absolute discretion, that the Estimated Costs have changed, Builder shall adjust the Security in the amount requested by City. Builder’s compliance with this provision (Section 12.0 et seq.) shall in no way limit or modify Builder’s indemnification obligation provided in Section 16.0 of this Agreement.
13.1 Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Builder is in default as set forth in Section 18.0 et seq. of this Agreement, and to secure Builder’s one-year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Builder shall provide City a faithful performance bond in the amount of One Hundred Seventy-Eight Thousand and No/100 Dollars ($178,000), which sum shall be not less than one hundred percent (100%) of the Estimated Costs.
13.2 Partial Release. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the Security provided under this section as the Public Improvements are accepted by City, provided that Builder is not in default on any provision of this Agreement or condition of approval for Parcel Map No. 36968, and the total remaining Security is not less than twenty-five percent (25%) of the Estimated Costs. All Security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 11.0 of this Agreement, provided that Builder is not in default on any provision of this Agreement or condition of approval for Parcel Map No. 36968.
13.3 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Builder shall provide City a labor and materials bond in the amount of One Hundred Seventy-Eight Thousand and No/100 Dollars ($178,000), which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The Security provided under this section may be released by written authorization of the City Engineer after six (6) months from the date City accepts the final Public Improvements. The amount of such Security shall be reduced by the total of all stop notice or mechanic’s lien claims of which City is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of City’s anticipated administrative and legal expenses arising out of such claims.
13.4 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best’s rating of no less than A:VIII, be a bank or insurance company licensed to transact surety business in California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security,
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RIV #4830-8901-9593 v1 - 9 - SUBDIVISION IMPROVEMENT AGREEMENT the Builder or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorney’s fees and costs, incurred by City in enforcing the obligations of this Agreement. The Builder and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security.
13.5 Form of Security. The evidence of the Security shall be provided on the forms set forth in Attachment “C”, unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Attachment “C” and incorporated herein by this reference.
13.6 Builder’s Liability. While no action of Builder shall be required in order for City to realize on its security under any Security instrument, Builder agrees to cooperate with City to facilitate City’s realization under any Security instrument, and to take no action to prevent City from such realization under any Security instrument. Notwithstanding the giving of any Security instrument or the subsequent expiration of any Security instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Builder shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute Security as City shall require satisfying the requirements in this Section 12.
14. MONUMENT SECURITY. Prior to City’s execution of this Agreement, to guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for Parcel Map No. 36968 in compliance with the applicable provisions of City’s Municipal and/or Development Code (“Subdivision Monuments”), Builder shall deposit cash with City in the amount of Four Thousand, Five Hundred Dollars ($4,500), which sum shall not be less than one hundred percent (100%) of the costs of setting the Subdivision Monuments as determined by the City Engineer. Said cash deposit may be released by written authorization of the City Engineer after all required Subdivision Monuments are accepted by the City Engineer, City has received written acknowledgment of payment in full from the engineer or surveyor who set the Subdivision Monuments, and provided Builder is not in default of any provision of this Agreement or condition of approval for Parcel Map No. 36968.
15. LIEN. To secure the timely performance of Builder’s obligations under this Agreement, including those obligations for which security has been provided pursuant to Sections
12.0 et seq. and 13.0 of this Agreement, Builder hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Builder’s default on those obligations for which security has been provided pursuant to Sections 12.0 et seq. and 13.0 of this Agreement, City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this section.
16. SIGNS AND ADVERTISING. Builder understands and agrees to City’s ordinances, regulations, and requirements governing signs and advertising structures. Builder hereby agrees with and consents to the summary removal by City, without notice to Builder, of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal shall be at the expense of Builder and its surety. Builder
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RIV #4830-8901-9593 v1 - 10 - SUBDIVISION IMPROVEMENT AGREEMENT and its surety shall indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs, advertising structures, or their removal.
17. INDEMNIFICATION. Builder shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Builder, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the gross negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction. Builder’s obligation to indemnify City shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents.
18. INSURANCE.
18.1 Types; Amounts. Builder shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below. If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.
18.1.1 General Liability. Builder and its contractors shall procure and maintain occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than $3,000,000 per occurrence for bodily injury, personal injury, and property damage.
18.1.2 Business Automobile Liability. Builder and its contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible.
18.1.3 Workers’ Compensation. Builder and its contractors shall procure and maintain workers’ compensation insurance with limits as required by the Labor Code of the State of California and employers’ liability insurance with limits of not less than $1,000,000 per occurrence, at all times during which insured retains employees.
18.1.4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than $1,000,000 per occurrence, shall be procured and maintained for a period
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RIV #4830-8901-9593 v1 - 11 - SUBDIVISION IMPROVEMENT AGREEMENT of five (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability.
18.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Builder and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
18.3 Additional Insured; Separation of Insureds. The Required Insurance shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Builder or its contractors, including materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insured provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers.
18.4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy.
18.5 Certificates; Verification. Builder and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
18.6 Term; Cancellation Notice. Builder and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on 30 days’ prior written notice to City.
18.7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A:VIII.
19. DEFAULT; NOTICE; REMEDIES.
19.1 Notice. If Builder neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Builder to be in default or violation of this Agreement and make written demand upon Builder or its surety, or both, to immediately remedy the default or violation.
Builder shall commence the work required to remedy the default or violation within ten (10) days of the written demand from the City. If the default or violation constitutes an immediate threat to
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RIV #4830-8901-9593 v1 - 12 - SUBDIVISION IMPROVEMENT AGREEMENT the public health, safety, or welfare, City may provide the demand verbally, and Builder shall commence the required work within twenty-four (24) hours thereof. Immediately upon City’s issuance of the demand to remedy the default, Builder and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in Section 9.0 of this Agreement.
19.2 Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a substantial completion acceptable to City within a reasonable time designated by the City, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Builder and its surety, without the necessity of giving any further notice to Builder or surety. City’s right to take such actions shall in no way be limited by the fact that Builder or its surety may have constructed any, or none of the required or agreed upon Public Improvements at the time of City’s demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Builder or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Builder or its surety the full cost and expense incurred.
19.3 Other Remedies. No action by City pursuant to Section 18.0 et seq. of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise it rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.
20. GENERAL PROVISIONS.
20.1 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.
20.2 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
20.3 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Builder include all personnel, employees, agents, and subcontractors of Builder, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
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RIV #4830-8901-9593 v1 - 13 - SUBDIVISION IMPROVEMENT AGREEMENT
20.4 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:
CITY:
City of Hemet
Attn: City Manager
445 E. Florida Avenue
Hemet, CA 92543
BUILDER:
L&H Development, LLC
608 Deodar Lane
Bradbury, CA 91008
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent provided the original is contemporaneously deposited with United States Postal Service and delivered by regular mail; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.
20.5 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
20.6 Waiver. City’s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City’s waiver of any breach of this Agreement, shall not relieve Builder of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City’s actions are intentional or unintentional. Builder agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Public Improvements or this Agreement.
20.7 Assignment or Transfer of Agreement. Builder shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City’s written consent, any assignment, hypothecation, or transfer shall not release or discharge Builder from any duty or responsibility under this Agreement.
20.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.
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RIV #4830-8901-9593 v1 - 14 - SUBDIVISION IMPROVEMENT AGREEMENT
20.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
20.10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
20.11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Builder expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.
20.12 Attorneys’ Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all Litigation Expenses. Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Litigation Expenses.
20.13 Relationship Between The Parties. The Parties hereby mutually agree that neither this Agreement, any map related to Parcel Map No. 36968, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Builder. Builder’s contractors and subcontractors are exclusively and solely under the control and dominion of Builder. Nothing herein shall be deemed to make Builder or its contractors an agent or contractor of City.
20.14 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.
20.15 Effective Date of Agreement. This Agreement shall not become effective until the date it has been formally approved by the City and executed by the appropriate authorities of City and Builder.
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RIV #4830-8901-9593 v1 - 15 - SUBDIVISION IMPROVEMENT AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY OF HEMET
By:___________________________
City Manager
ATTEST:
___________________________
City Clerk
APPROVED AS TO FORM
By:_______________________________
City Attorney
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L&H DEVELOPMENT, LLC, A LIMITED LIABILITY CORPORATION
NOTE:
Its: /21A:4f/JG{NG �.
BUILDER'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO BUILDER'S
BUSINESS ENTITY.
RIV #4830-8901-9593 vi - 17 -
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF w:>..S � to �
t _,
On <fx:.c:1. ,2ol¾efore . . �,-s� rne, � :t-L
§fro')
*. ctr1W, personally�
p red �NC.e. +h-a.n� proved to me on
tbe basis of satisfactory evide!}�O be the person0,) whose Dames( 1 e subscribed to the w7 in instrument and ac�ledged to me that h�bey executed the same in hi . er . eir authorized capacity(,ics), and that by hi 1er/ eir signatureesf on tl1e instrnment the person(§Y,' or !.he entity upon behalf of which 1J(e person(§}"acted, exe cd tl1e mstrum/nt: / /' ·
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand ,nd
1 offici� Signature: L..6tt
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
□
□
□
□
□
TITLE(S)
PARTNER(S) 0 LIMITED
0 GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER -------------
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
RIV #4830-8901-9593 vi
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF Los �
'i'\.,_A -t .., • ,..,.lµ.t-;..._,.\\ A r: ... , lo��v I'! 2..'- c-. L 0 On� \.JIIX-.-=-_.Jl... _ _, �U-before me, 't,
7 �,� '-\�,,Sersonally appeared n'vt'\§'-\0 ( ,
D personally known to me - OR -�ed to me on the basis of satisfactory evidence to be the person,0 whose namesyi') @re subscribed to the wiU1in instrument a�
d
acknowledged to me tha he he/they executed the same m
� _..-7:.�, ELVY IVETTE CIFUEIIITES-GIRON
: ·
�:�, { . !.
Notary Pubhc • California
er ·-:.._� • • / Los �ngeles County
_ � Commission 112351697
- My Cor-im. Expires Mar 15, 2025
@>er/their authorized capacity(�. and that by @.ter/their signature(s) Oil the instrument th'e person(s), or the entity upon behalf of which the pers� acted, executed the instrument.
WJTNES my ha=.-....,,.-
(S.IGN
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE(S)
PARTNER(S) 0
ATTORNEY-IN-FACT
TRUSTEE(S)
LIMITED
GENERAL
□
□
□
□
□
GUARDIAN/CONSERVATOR
OTHER -------------
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
RIV #4830-8901-9593 vi
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
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EXHIBIT"A"
LEGAL DESCRIPTION OF PROPERTY
PARCEL MAP NO. 36968
APN 448-210-(005 through 014) & 448-210-(016 through 018) All that portion of Lots 5 through 16 of Tract Map No 25225, In the City of Hemet, County of Riverside, State of California, as shown by map on me in Map Book 225, pages 77-78, Records of Riverside County.
RIV #4830-8901-9593 v1 SUBDMSION IMPROVEMENT AGREEMENT
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EXHIBIT "B"
LIST OF PUBLIC IMPROVEMENTS
PARCEL MAP NO. 36968
# IMPROVEMENT QUANTITY
1 Roadway Excavation 224
2 Sawcut Existing AC Pavement 530
3 Cold Plane AC Pavement 932
4 Grind AC Pavement in Place 117
5 Remove AC Pavement 24,274
6 Remove Concrete Curb and Gutter 1,659
7 Remove Concrete Sidewalk 2,800
8 Install AC Concrete 136
9 Install Ai:rn:regate Base 140
10 Apply Asohalt Emulsion 1
11 Install AC Overlay (0.1' min) 932
12 Install Concrete Curb and Gutter (Type A) 428
13 Install Concrete Sidewalk ( 4" min) 2,118
14 Install Concrete Drive Approach 1,610
15 Install Concrete ADA Accessible Ramps 4
16 Install Street lights and conduit 3
17 Install Sidewalk Drain (D-309) 4
18 Install Street Name Sign 2
19 Install S igi1 (complete) 5
20 Install Single Post Road Sign 2
21 Apply Thermoplastic Markings 40
22 Install Street Trees (24" box) 10
23 Install Landscaping and Irrigation System 2,650
24 Install Landscape Fill Material 49
25 Adjust Manhole To Grade 2
And all other improvements shown on the Off-site Improvement Plans Copenhagen Villas not identified hereon.
UNIT
CY
LF
SF
SY
SY
LF
SF
Ton
CY
Ton
SF
LF
SF
SF
EA
EA
EA
EA
EA
EA
SF
EA
SF
CY
EA
for PM36968-
RIV #4830-8901-9593 v1 SUBDIVISION IMPROVEMENT AGREEMENT
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EXHIBIT "C"
SU�TYBONDS AND OTHER SECURITY
PARCEL MAP NO. 36968
' '
.
.. As. evidence of understanding the provisions contained in this Agreement, and of the Builder's intent to c9mply with same, the Buildei: has submitted the bel�w described security .in the amounts reqµired·-.by this AgreeJ!lent, and has affixed the appropriate sign�tures-the:r:et�:
• l
. PERFORMANCE BOND PRINCIPAL AMOUNT: · $ 178 000
· Surety: . . Great Am�rican Insurance Company
_ ___.. _______ _
Attoin�y-m-fact: ------------- Valerie Aber
-Address:·
· 301 E 4th St
Cincinnati OH. 45202
MATERIAL AND LA,:BOR BOND PRINCIPAL AMOUNT: $ _1_7-8,--,00_0 __ _ Surety: Great American ln_surance Company
Attomey'."'iri-fact: Valerie Aber
. Address: · 30_1 _E_4-th_S_t. ___________ _
. Cin�innati, OH 4!:?202
. . .
CASH MONUMENT SECURITY: $ J\rnOU�t depesit�d
-
per Cash Receipt No. -----'------D-at_e_: -------
. ··, ...
; .
RIV #4830-890 I -9593 v I
'· 22 SUBDIVISION IMPROVEMENT
. ' . AGREEMENT
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BOND NO. --------- E706100
INITIAL PREMIUM: $5 340.00
SUBJECT TO RENEW AL
CITY OF HEMET
PARCEL MAP NO. 36968 IMPROVEMENTS
FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
·. WfiEREAS the City of Hemet California ("City") and L&H DEVELOPMENT, LLC · ("Principal_ "); · have executed. an agreement for· work consisting of, but not limited to, the furnishing.all_ labor, material&, tools, equipment, services, and incidentals for all grading, roads, pavin�; curbs and gutters, pathw�ys, storm drains, water system, sanitary sewers·, utilities. drainage facilities, traffic controls, landscaping, street lights, and �II other required facilities for Parcel Map No. 36968 ("Public Improvements");
WHEREAS, the Public Improvements to be performed by Principal are more particularly �et fo�h in· that certain Subdivision Improvement Agreement dated October · 25, 2022 ("lmproveinen� Agreement");
• · WHEREAS, the Improvement Agreement is hereby ref erred to and incorporated herein by reference; ·and
. WHEREAS, Principal is required by the Improvement Agr°eement to provide a good and sufficient bond .for performance o( the· Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.
NOW, THEREFORE, £rincipal and Great American Insurance Company ("Surety"), a corporation o�ganized and existing under the laws of tl1e State of OH · , and duly authorized to transact surety business· under .the laws of the State of California, are �eld and finnly: bound unto City in the �l.lPl of O�e Hundred Seventy-Eight Thousand and No/100.
Dollars ($178�000), said sum being not less tlian one hundred percent (100%) of the ·total cost of the ·Pubiic Tmprovem�nts as ·set forth in the Improvement Agreement, we bind ourselves, our he�rs, executors arid administrators, successors and assigns, jointly and severally, firmly by these pr�sents:
·
.THE.CONDITION OF TH.IS OBLIGATION is such, that if Principal, his or its heirs, executors, adtpinistrators, successors or assigns, shall in all things stand to and abide . by, and well and truly keep . and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof niade as therein provided, to be kept .and.performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, . employees, and agents, as stipulated in the Improvement Agreement. then this obligation· shall become·null and void; otherwise it shall be and remain in full force and effect.
RIV #4830-8901-9593 vi 23 SUBDIVISION IMPROVEMENT
AGREEMENT
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As part of the obligation secured hereby, and in addition to the face amount specified therefor, there · shall be.·. included costs and reasonable· expenses and fees, .including reasonable · attorney's fees, incurred by City in successfully eriforcing such obligation, aH to be taxed as costs and included in any" judgment rendered. · l. · ·
Surety, (or value received, hereby stipulate$. and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profile.s, �nd specification$ related thereto, or to the Public Improvements to be constructed thereunder, shall in any' way affect its obligations. on this . bond; and it does hereby waive notice of any such change, extension of tirrie, alteration, or addition.
.
. '
'This bond is executed and filed to comply with Section 66499 et seq. of the Government Code of California as security for performance of the Improvement Agreement and security for the one-:year gu�a�tee and warranty of the Public. Improvements.
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the.Surety is hereto affixed and attested .by its duly authorized Attorriey�in-Fat:t at Litchfield Park, AZ this� day of · December 2022 L&H Development LLC Great American Insurance Company
. •Principal Sure
By:
NOTE:
Its: Managing Memt,er
(p!int name)
.
.
By:
Valerie Aber
(print name)
. APPROPRIATE NOTARIAL -ACKNOWLEDGMENTS OF EXECUTlON
BY PRINCIPAL AND·, SURETY AND A COPY OF THE· POWER OF
ATTORNEY TO.- LOCAL REPRESENTATIVES OF THE BONDING
COMP.ANY MUST BE ATTACHE.i>'TO THIS BOND.
RIV #4830-89,01-9593 v I •· 24 SUBDIVISION IMPROVEMENT
AGREEMENT,
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BOND NO. -E7-0--81 00 -----
INITIAL PREMIUM: $5,340.00
SUBJECT TO RENEWAL
CITY OF HEMET
PARCEL MAP NO. 36968 IMPROVEMENTS
FORM OF LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS. the City of Hemet California ("City") and L&H DEVELOPMENT, LLC ("Principal'-'), have executed an agreement for work consisting of, but not limited to, the furnishing .all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs am!" gutters, pathways, storm drains, sanitary sewers, utilities? drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Paree] Map No. 36968 ("Ptiblic Improvements");
· · ·
WHEREAS, th� Public Improvements to be performed by Principal are more partiGularly set forth in that certain Subdivision Improvement Agreement dated October 25, 2022 ("Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Piincipal is required. to furnish a bond in connection with the Improvement Agr"1�ment providiqg · that if Prir;icipal (?r any of its subcontractors shall · fail to pay for any. materi'als, provisions, · or other supplies, or terms used in, upon, for, or about the performance of _the Public 'Improvements, or for any work or.labor done thereon of any kind, or for amounts due under tQ.e provisions-of Title 15 ( c_ommel;l�ing with section 3082) of Part 4 of Division 3 of the California Ci�l Code, with respect to s�ch work or labor, that the Surety on this bond will pay the same togetherwifu a reasqnable attorney's fee in case suit is brought_o� the bond.
NOW, THEREFORE; Principal and ·Great American Insurance Company _ ("Surety"), a corporation organi:zed and existing under the Jaws of the State of OH aJ!d duly ·aµthQrized to transact business tinder the laws of the State of California, are held and firmly bound unto City and to ariy and a1l material men, persons, companies or corporations furnishing materials, ·provisions, and other supplies used in, upon, for or about the performance of the Public lmpr�vements and all p�rsons, companies or corporations renting (?r hiring teams, cir implements. or machinery, for or contributing 'to the Public Improvements to be done, �md all . , persons performing work or labor upon. the same and all persons supplying both work and materials · �s afor�said excepting the Principal, the sum of_ One Hundred Seventy-Eight · Thousan:d and No/100 Dollars ($178,000), said swn being not less than 100% of the total cost of the_Public-Jmprovement$ under the terms of the Improvement Agreement, we bind ours.elves,· our heirs; executors and administrators, successors and assigns jointly· and severally, firmly by these presents.
RI\' #4830-8901-9593 ,, I · 25
SU.BDIVJSION IMPROVEMENT
AGREEMENT
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....
, L •
. •,. THE CONDITION OF THIS OBLIGATION IS SUCH that if the .Principal, his or its subcontrac.
tors, ·heirs, executors,. administrators, successors, or assigns,· shall fail to pay for any• .materials, provisions,.or Qtfier supplies or
.
mac�ezy used in, upon, for or about the pcrfonnance
of the Public: improvements, or. for work or labor thereon of any kind, or fail to pay any of the . persons nanied in ·c;:a,lifo�ia Civil Code Section '_3181, or amounts due under the Unemployment Insurance 'code· with respect to �ork or labor perfonncd by any such claimant, or for any amourits _ required to be deducted, withheld, and paid ·over to the Employmerit Development Department f�om the wages of employees of the contractor. and his .subcontractors pursuant to Section J3020 of the Unemployment Insurance Code with respect to such work and labor, and all · other applicable laws of the State of California and rules and regulations of its agencies� then said Surety will pay the same in or to an amount not exceeding the sum specified herei�. · · As part of the obligatio�. secured hereby, and in addition to the face amount specified · there�or, there· shall be· included costs an:d reasonable expenses and . fees,· including reasonable attorney's fees, incurred by City in successfully ·enforcing such obligation, all to be taxed as costs and 'included in any ju�gment _rendered.
This. bond is executed and filed to comply with.
Section 66499 et seq. of the California
. Government Cod·e as security for payment to contractors; subcontractors, and persons furnishing labi;>r, mat�rials or equipment for ·construction of the Public Improvements or perfonnance of the Improvement Agreemept._ Jt is hereby expressly stipulated and agreed that this borid shall inure lQ the b�nefit of.any. and all persons, companies, and c·orp.orations entitled to file claims under,. •· Title .15 ( commencing witq Section.· 3082) of Part 4 of Division 3 of the Califom1a Civil Code,. so as to give
.
a right of action to them or their as�ign.s in any suit brought upon this bond. ·
sµrety, forva1ue received, hereby stipulates-and agrees that no change; extension of time, alteralion, .or �ddition. to the terms of the··Tmprovement Agreement, or. to any plans; profiles, and specifications related thereto, ·or to the P.ublic Improvements to be consm.icted thereunder, shall G1 any way affect.its obligat_ions on this.-bond, and it does hereby waive notice of any such change extension of tinie, alteration, or addition. .. · · . .. . .- .
IN-WITNESS �REOF, the seal and signature of the Principal is hereto affixed, and the corporate ·seal and Jhe name of the Surety is hereto affixed and attested by its duly authorized Attomey.;fo-F�ct at - Litchfield Park, AZ � this _____!§!_ day of December 2022 .
L&H Development LLC
Principal
_
-.
.
- By:
.' Its: Managing
:�ember
(print name)
RIV #4830-8901-9593 ,, I
(
26 . G eat American lnsuranee Com any
:-Fact
Valerie Aber ·
· (print name)
SUBDIVISION IMPROVEMENT ;
AGREEMENT
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NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION
BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMP ANY MUST BE ATTACHED TO THIS BOND.
RIV #4830-8901-9593 vi 27 SUBDIVISION IMPROVEMENT
AGREEMENT
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jan 10 2023
Department: Public Works
Submitted by: Eddie Pust, Interim City Manager
Noah Rau, Public Works Director/City Engineer;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Awarding STC Traffic, Inc., a Professional Services Agreement in an Amount Not to Exceed $89,960 to Conduct a Citywide Engineering and Traffic Survey and Authorizing the City Manager to Execute All Documents Related to the Agreement and Authorize Additional Expenditures up to 10% of the Agreement Amount if Necessary
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Awarding STC Traffic, Inc., a Professional Services Agreement in an Amount Not to Exceed $89,960 to Conduct a Citywide Engineering and Traffic Survey and Authorizing the City Manager to Execute All Documents Related to the Agreement and Authorize Additional Expenditures up to 10% of the Agreement Amount if Necessary.
BACKGROUND:
The Public Works Engineering Division is responsible for periodically preparing or assisting in the preparation of an engineering study of the prevailing speeds and reviewing the traffic conditions of city roads.
One primary purpose of the Engineering and Traffic Survey (E&TS) is to establish a reasonable and safe operating speed for each specific section of roadway in the City that is in turn used to set enforceable speed limits for these roadway segments.
Sections 22357 and 22358 of the CVC require that certain local speed limits be determined based on the Engineering and Traffic Survey (E&TS) reports and that these speed limits are established by local ordinance. Section 40802 of the CVC requires that the E&TS studies be conducted every five years where enforcement of the speed limit involves the use of a radar device that measures the speed of moving vehicles. The five-year application of the survey findings can be extended to seven years if the officer using the radar/laser device is properly certified in its use, and if the used electronic device was
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calibrated within three years of the alleged violations. Additionally, the E&TS studies can be extended for three more years if a registered engineer determines that no significant changes have occurred on the roadway after seven years.
Most of Hemet's roadway segments are due or past due for an E&TS and an update of established speed limits.
ANALYSIS:
A request for proposals (RFP) to perform a Citywide E&TS was issued on October 31, 2022, and 448 potential vendors were notified on Planet Bids. On November 22, 2022, the City received eight (8) proposals from the following firms.
• Willdan Engineering
• Minagar & Associates Inc.
• TKE Engineering Inc.
• STC Traffic, Inc.
• KOA Corporation
• TJKM Transportation Consultants
• Interwest Consulting Group, Inc.
• Environment Planning Development Solutions, Inc.
DISCUSSION:
City staff used the evaluation criteria detailed in the Request for Proposal (RFP) to rank the eight proposals received and the results found STC Traffic Inc to be the most qualified firm with the best overall value to the City to perform the Citywide E&TS.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
Objective 5: Streamline fire prevention coordination efforts.
FISCAL IMPACT:
The Citywide E&TS was not specifically budgeted in the current fiscal year. However, the Engineering Division did budget for two Principal Engineer positions and have not been successful in recruiting for these positions during the first half of the fiscal year. A portion of the budgeted salary for these positions are proposed to cover the cost of this E&TS.
ALTERNATIVE(S):
1. Do not approve the Agreement for an E&TS
2. Provide staff alternative direction
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REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement
ATTACHMENT(S):
Attachment 1_ Resolution for Citywide E&TS Award
Attachment 2 - City Agreement Template
Attachment 3 - Proposals Received optimized
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CITY COUNCIL RESOLUTION NO. 2023-xxx
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2023-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, AWARDING STC TRAFFIC,
INC., A PROFESSIONAL SERVICES AGREEMENT IN
AN AMOUNT NOT TO EXCEED $89,960 TO CONDUCT
A CITYWIDE ENGINEERING AND TRAFFIC SURVEY
AND AUTHORIZING THE INTERIM CITY MANAGER TO
EXECUTE ALL DOCUMENTS RELATED TO THE
AGREEMENT INCLUDING A 10% CONTINGENCY OF
$8,996 IF NECESSARY
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, The Hemet Public Works Engineering Division is responsible to periodically cause the preparation of an engineering and traffic survey (E&TS) to study the prevailing speeds and review the traffic conditions of city roads; and WHEREAS, a primary purpose of the E&TS is to establish a reasonable and safe operating speed for each specific segments of roadway in the City; and WHEREAS, the safe operating speed determined is used to set enforceable speed limits for these roadway segments; and
WHEREAS, Sections 22357 and 22358 of the CVC require that certain local speed limits be determined based upon the Engineering and Traffic Survey (E&TS) reports, and that these speed limits are established by local ordinance; and WHEREAS, Section 40802 of the CVC requires that the E&TS studies be conducted every five years where enforcement of the speed limit involves the use of a radar device that measures the speed of moving vehicles; and WHEREAS, Hemet's roadway segments are due for an E&TS and update of established speed limits; and
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CITY COUNCIL RESOLUTION NO. 2023-xxx
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. Awards the professional services agreement to STC Traffic Inc. to conduct a citywide E&TS and prepare a report with recommendations for establishing speed limits.
SECTION 3. Authorizes the Interim City Manager to execute all documents related to the agreement including a 10% contingency of $8,966 if necessary.
SECTION 4. This Resolution shall take effect upon its adoption.
PASSED, APPROVED AND ADOPTED this 10th day of January 2023. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY COUNCIL RESOLUTION NO. 2023-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 10th day of January 2023, and was passed by the following vote:
AYES: Council Members: None.
NOES: Council Members: None.
ABSTAIN: Council Members: None.
ABSENT: Council Members: None.
_____________________________
John Paul Maier, City Clerk
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PROFESSIONAL SERVICES AGREEMENT
By and Between
THE CITY OF HEMET,
a California municipal corporation
and
______________________________
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF HEMET, CALIFORNIA AND __________
This Professional Services Agreement (“Agreement”) is entered into as of this ____ day of __________, 2022 by and between the City of Hemet, a California municipal corporation (“City”) and ____________(“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought by a request for proposal the performance of the Type of Service defined and described particularly in Section 2 of this Agreement.
B. Contractor was selected by the City to perform those services.
C. Contractor was selected by the City on the basis of Contractor’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
D. Pursuant to the City of Hemet’s Municipal Code, City has authority to enter into this Professional Services Agreement and the City Manager has authority to execute this Agreement.
E. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
(a) Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for [duration] commencing on the date first ascribed above, unless otherwise extended in writing by the grant administrator. (b) The City may, in its sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4. (c) Contractor acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and
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compensation for those fiscal years. This Agreement may be terminated by the City at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Contractor for any amounts not duly appropriated and authorized by City Council.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Contractor agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Contractor shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Contractor to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed ______________________________ dollars ($_____________), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.
(b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subconsultant contracts. Subconsultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event
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that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed invoice.
(d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor. (e) If this Agreement is extended pursuant to Section 1, the City shall pay the same rates specified in Exhibit “B” “Compensation.”
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Contractor’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.
Acceptance of any of Contractor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement, Contractor’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
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SECTION 7. CONTRACTOR'S BOOKS AND RECORDS.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement.
Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control.
Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
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(c) Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE.
Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement, and shall use such skill, prudence, and diligence as other members of Contractor’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Contractors work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this section.
SECTION 11. PREVAILING WAGE LAWS.
It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
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SECTION 12. NONDISCRIMINATION.
Contractor shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.
Should Contractor so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Contractor will, perform nonrelated services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other
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than City without prior written authorization from the City Manager, except as may be required by law.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct.
(d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
SECTION 16. INDEMNIFICATION.
(a) Indemnification by Contractor. As provided under Civil Code Section 2782.8, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, its officers, agents, employees or sub-consultants (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement. In the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City, its contractors and other Contractors, and Contractor, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence.
Notwithstanding the foregoing, in the event one or more defendants are unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Contractor shall meet and confer with other parties regarding unpaid defense costs. The provisions of this section pertaining to Contractor’s duty to defend shall not apply if there
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is a project-specific general liability policy of insurance that insures all project participants for general liability exposure on a primary basis and also covers all Contractors involved with the project for their legal liability arising out of their professional services on a primary basis.
(b) Indemnification from Sub-consultants. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, sub-contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section. (c) City's Negligence. The provisions of this section do not apply to Claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Contractor agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Contractor are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor’s duties or obligations under this Agreement without the prior written consent of the City.
Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Contractor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
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SECTION 19. CONTINUITY OF PERSONNEL.
Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. (b) Contractor may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor’s possession shall be returned to City. Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 of this Agreement.
This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. (e) City may suspend all or any portion of Contractor’s performance under this Contract at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City must first give ten (10) days’ written notice to Contractor of such suspension. City will pay to Contractor a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Contractor with written notice of the rescission, at which time Contractor would be required to resume performance in compliance with the terms and provisions of this Agreement. Contractor will be entitled to an extension of time to complete performance under the Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 21. DEFAULT.
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period
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of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Contractor in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Hemet
Attn: City Manager
445 E. Florida Avenue
Hemet, CA 92543
To Contractor: _________________________
_________________________
_________________________
_________________________
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
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SECTION 25. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Hemet Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
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SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C," is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF HEMET, CALIFORNIA AND _______________ IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF HEMET
___________________________
Eddie Pust, Police Chief
Interim City Manager
ATTEST:
CITY CLERK
___________________________
APPROVED AS TO FORM:
CITY ATTORNEY
____________________________
SERVICE PROVIDER
By:
Its:
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EXHIBIT "A"
SCOPE OF SERVICES
I. Service Provider will perform to the satisfaction of the City the following Services:
A.
B.
C.
D.
II. As part of the Services, Service Provider will prepare and deliver the following tangible work products to the City:
A.
B.
C.
D.
III. During performance of the Services, Service Provider will keep the City appraised of the status of performance by delivering the following status reports:
A.
B.
C.
D.
IV. The tangible work products and status reports will be delivered to the City pursuant to the following schedule:
A.
B.
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C.
D.
V. Service Provider will utilize the following personnel to accomplish the Services:
A.
B.
C.
D.
VI. Service Provider will utilize the following subcontractors to accomplish the Services:
A.
B.
C.
D.
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EXHIBIT "B"
COMPENSATION
I. Contractor shall use the following rates of pay in the performance of the Services:
A. [job] [hourly rate]
B. [job] [hourly rate]
C. [job] [hourly rate]
D. [job] [hourly rate]
E. [job] [hourly rate]
III. The total compensation for the Services shall not exceed _______________________________Dollars ($__________) as provided in Section 4 “Compensation and Method of Payment” of this Agreement.
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EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Contractor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Contractor shall provide the following scope and limits of insurance:
1. Minimum Scope of Insurance. Contractor shall maintain the following types and limits of insurance.
2. Minimum Limits of Insurance.
General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease).
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Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees and volunteers.
Umbrella or excess liability insurance. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
B. Other Provisions. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.
C. Other Requirements. Contractor agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Upon request from the City, Contractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
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3. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency’s own insurance or self-insurance shall be called upon to protect it as a named insured.
5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Agency, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
6. General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
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STC Traffic, Inc
Mailing and Business Address:
5973 Avenida Encinas, Suite 218
Carlsbad, CA 92008
Principal Contact: Jason Stack, President
P: (760) 602-4290
Submitted By:
City of Hemet | November 22, 2022
Proposal for
Engineering and Traffic Survey
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Proposal for Hemet – Engineering and Traffic Survey
STC Traffic, Inc. i
1. Introductory Letter
November 22, 2022
Noa Rau, PE
Public Works Director/City Engineer
City of Hemet, Engineering Department
445 E. Florida Avenue
Hemet, CA 95243
Subject: Request for Proposal – Engineering and Traffic Survey Dear Mr. Rau,
STC Traffic, Inc. (STC) is a leader in the traffic engineering, transportation planning, and Intelligent Transportation Systems fields. We have worked hard over the last decade in order to become the premier traffic engineering firm in the region. STC has directly supported the City of Hemet since 2016 with a variety of transportation projects involving traffic signal design, citywide traffic signal timing updates, on-call grant services, preparation of traffic control plans, preparation of the City’s Systemic Safety Analysis Report (SSAR), engineering design for HSIP Cycle 8, and as-needed plan checks for land development. Our expertise is relevant and wide-ranging.
In addition to directly supporting the City of Hemet, we serve as the go-to traffic engineering consultant for the Cities of Eastvale, Jurupa Valley, Moreno Valley, Menifee, Temecula, Lake Elsinore, Fontana, and Banning.
By delivering projects and expertise in an open and value-oriented way, we help our clients become self-sufficient in the technical aspects of our work. Our work is all about trust. We build the confidence and trust of both City staff and elected officials, and this in turn builds the public’s confidence and trust in the City’s ability to deliver capital improvements. Our business model is built around delivering local experience, specialized expertise, and quality. We maintain longlasting relationships because we truly believe in delivering high-value service. It is our credo to be champions in our industry—and through our expertise, we can help Hemet enhance mobility for all users of the street.
We are a small firm, but we bring a comprehensive approach that showcases diversity and puts the best engineers at the front and center of this project, starting with our Project Manager, David DiPierro, TE. David brings over 35 years of traffic engineering experience serving public agencies throughout Southern California. He spent over 30 years in the public sector, most recently serving as the City Traffic Engineer for the City of Oceanside prior to joining STC. David and his team have extensive experience conducting traffic safety assessments, including preparing engineering and traffic surveys for local agencies. We look forward to the opportunity to collaborate with City staff on this important project.