San Jacinto City Council
April 4, 2023

AGENDA

CITY COUNCIL - REGULAR MEETING
TUESDAY, APRIL 4, 2023
6:30 PM OPEN SESSION
LIVE STREAM LINK: WWW.SANJACINTOCA.GOV

COMMUNITY CENTER
625 S. PICO AVENUE
SAN JACINTO, CA 92583
951-487-7330
City of San Jacinto Page 1 Updated 3/30/2023 5:09 PM

ALONSO LEDEZMA, MAYOR

CRYSTAL RUIZ, MAYOR PRO TEM

PHIL AYALA, COUNCILMEMBER

BRIAN HAWKINS, COUNCILMEMBER

VALERIE VANDEVER, COUNCILMEMBER
This City Council meeting is being conducted in-person and will be broadcast utilizing Livestream video. The City Council meeting may be observed virtually by joining the link on the City’s website.

Public Comments will only be accepted in person during the meeting or in writing to the City Clerk. Participants viewing the Livestream will not have a comment option.

For those wishing to email public comments for the April 4, 2023, City Council meeting, please submit your comments to be read aloud at the meeting by the City Clerk. Email comments to [email protected]. Please put “PUBLIC COMMENT” in the email subject line.

Email comments on matters not on the agenda must be received before the time the Mayor calls the item for Public Comments. Email comments on the agenda items must be received before the time the Mayor closes public comments on the agenda item. All email comments shall be subject to the same rules as would otherwise govern speaker comments at the Council meeting.

Electronic comments on agenda items for April 4, 2023, may only be submitted via email.

Comments via text and social media (Facebook, Twitter, etc.) will not be accepted.

Reading of Public Comments: The City Clerk will read all email comments, provided that the reading shall not exceed three (3) minutes, or such other time as the Council may provide, consistent with the time limit for speakers at a Council meeting. The email comments submitted shall become part of the record of the Council meeting.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk at 951-487-7330 ext. 339. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II].

City of San Jacinto Page 2 Updated 3/30/2023 5:09 PM

1. ORGANIZATION

1.1. Roll Call

1.2. Invocation

1.3. Pledge of Allegiance

1.4. Special Presentations

1.4.1. National Donate Life Month Proclamation

1.4.2. San Jacinto Connect Online

1.5. Mayor/Council Member Reports

1.6. Late Items

2. PUBLIC COMMENTS

3. CONSENT CALENDAR

3.A. Consent Calendar - City Council

3.A.1. Waiver of Full Reading of Ordinance(s), and Reading by Title Only

3.A.2. Minutes of the Regular City Council Meeting of March 21, 2023.

RECOMMENDATION:

Staff recommends that the City Council approve the City Council Regular Meeting Minutes of March 21, 2023.

Department: City Clerk

3.A.3. Fourth Amendment to City Attorney Legal Services Agreement RECOMMENDATION:

Staff recommends that the City Council approve Amendment No. 4 to the Legal Services Agreement between the City of San Jacinto and Best, Best & Krieger LLP, and Authorize the City Manager to Execute Amendment No. 4.

Department: City Attorney

3.A.4. Cottonwood Avenue Road Closure for Emergency Pavement Rehabilitation RECOMMENDATION:

Staff recommends that the City Council approve the requested road closure along Cottonwood Avenue, from approximately 0.5 miles east of the entrance to Reflection Lake RV Park to Warren Road, for a duration of 3 weeks, weather permitting.

Department: Engineering
City of San Jacinto Page 3 Updated 3/30/2023 5:09 PM

3.A.5. Approve the Purchase of a New 176KW Backup Generator for the San Jacinto Police Department
RECOMMENDATION:

Staff recommends that the City Council approve the purchase of a new 2023 ANA, Inc. model SDG220S-8E1 176KW backup generator for the San Jacinto Police Department Building.

Department: Parks

4. DISCUSSION ITEMS

4.1. Resolution No. 3969, in Support of the National Mayor’s Challenge for Water Conservation
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 3969, in support of the National Mayor’s Challenge for Water Conservation.

Department: Water

4.2. Approve the Purchase of Shade Structure for the National Fitness Court at Mistletoe Park
RECOMMENDATION:

Staff recommends that the City Council approve and award a contract for the purchase and installation of a shade structure from USA Shade and Fabric Structures for the National Fitness Court at Mistletoe Park in the Amount of $128,294.48; Authorize the City Manager to execute all documents related to the contract, subject to review and minor modifications by the City Attorney; and utilize a 10% contingency in the amount of $12,829.45, if necessary.

Department: Community Development

4.3. Approve the Art In Public Places - Main Street and San Jacinto Avenue Mural Installations
RECOMMENDATION:

Staff recommends that the City Council approve the mural installations; authorize the City Manager to initiate necessary contracts, subject to minor modifications by the City Attorney, for the Main Street and San Jacinto Avenue Mural Installations in the amount not to exceed $100,000 dollars; and appropriate an additional $25,000 from the DIF: Community Amenities Fund.

Department: Community Development

5. CITY MANAGER UPDATE

6. FUTURE REQUESTS FROM CITY COUNCIL TO CITY MANAGER

7. ADJOURNMENT
City of San Jacinto Page 4 Updated 3/30/2023 5:09 PM
DOCUMENTS RELATED TO OPEN SESSION AGENDAS (SB343) - Any public record relating to an open session agenda item that is distributed within 72 hours prior to the meeting is available for public inspection at the public counter located in the Administration Building of City Hall, 595 S. San Jacinto Avenue, San Jacinto, CA 92583.

I, Julia Espinoza, City Clerk of the City of San Jacinto, do hereby certify that I caused to be posted the foregoing agenda this 30th day of March 2023 as requested by law.

Julia Espinoza, City Clerk
April 4, 2023
TO: City Council
REQUESTED BY: Julia Espinoza, City Clerk
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: National Donate Life Month Proclamation
ATTACHMENTS:

Donate Life Month 2023

1.4.1 Packet Pg. 5
Proclamation
Of The City of San Jacinto
Donate Life Month 2023
WHEREAS, organ, eye, tissue, marrow, and blood donation are life-giving acts recognized worldwide as expressions of compassion to those in need; and WHEREAS, more than 100,000 individuals nationwide and more than 20,000 in California are currently on the national organ transplant waiting list, and on average, 17 people die each day while waiting for a transplant; and WHEREAS, a single individual’s donation of the heart, lungs, liver, kidneys, pancreas, and small intestine can save up to eight lives; and
WHEREAS, donation of tissue can save and heal the lives of more than 75 others; and WHEREAS, organ donors saved more than 40,000 lives last year, the most ever; and WHEREAS, any person can register to be an organ, eye, and tissue donor regardless of age or medical conditions; and
WHEREAS, California residents can sign up with the Donate Life California Donor Registry online at any time or when applying for or renewing their driver’s licenses or ID cards at the California Department of Motor Vehicles; and

WHEREAS, California residents interested in saving a life through living kidney donation may visit www.LivingDonationCalifornia.org;
NOW THEREFORE, in recognition of National Donate Life Month, the month of April 2023 is hereby proclaimed “DMV/Donate Life Month” in the City of San Jacinto, and in doing so the City encourages all Californians to check “YES!” online, or when applying for or renewing a driver’s license or I.D. card at the DMV.

Alonso Ledezma, Mayor
Brian Hawkins, Councilmember Valerie Vandever, Councilmember Crystal Ruiz, Mayor Pro Tem Phil Ayala, Councilmember

1.4.1.a
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Attachment: Donate Life Month 2023 (National Donate Life Month Proclamation) April 4, 2023
TO: City Council
REQUESTED BY: Julia Espinoza, City Clerk
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Regular Meeting Minutes of March 21, 2023
RECOMMENDATION:

Staff recommends that the City Council approve the City Council Regular Meeting Minutes of March 21, 2023.

ATTACHMENTS:

March 21, 2023 City Council Regular Meeting Minutes

3.A.2
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ALONSO LEDEZMA, MAYOR

CRYSTAL RUIZ, MAYOR PRO TEM

PHIL AYALA, COUNCILMEMBER

BRIAN HAWKINS, COUNCILMEMBER

VALERIE VANDEVER, COUNCILMEMBER

ACTION MINUTES
CITY COUNCIL – REGULAR MEETING
TUESDAY, MARCH 21, 2023
6:30 PM OPEN SESSION
LIVE STREAM LINK: www.sanjacintoca.gov

COMMUNITY CENTER
625 S. PICO AVENUE
SAN JACINTO, CA 92583
951-487-7330

1. ORGANIZATION
Mayor Ledezma called the meeting to order at 6:30 p.m.

1.1. Roll Call
City Clerk Julia Espinoza conducted the roll call:

Present: Mayor Alonso Ledezma, Mayor Pro Tem Crystal Ruiz, Councilmember Phil Ayala, Councilmember Valerie Vandever, Councilmember Brian Hawkins

1.2. Invocation
Councilmember Vandever gave the invocation.

1.3. Pledge of Allegiance
Councilmember Ayala led the Pledge of Allegiance.

1.4. Mayor/Council Member Reports
Councilmembers provided their reports.

1.5. Late Items
There were no late items.

3.A.2.a
Packet Pg. 8
Attachment: March 21, 2023 City Council Regular Meeting Minutes (Regular Meeting Minutes of March 21, 2023)

City Council Regular Meeting Action Minutes February 21, 2023

2. PUBLIC COMMENTS
There was one (1) public comments:
 Kevin Saunders

3. CONSENT CALENDAR

3.A. Consent Calendar - City Council

3.A.1. Waiver of Full Reading of Ordinance(s), and Reading by Title Only

3.A.2. Minutes of the Regular City Council Meeting of March 7, 2023/City Clerk/Approved

3.A.3. Warrants and Disbursements – February 2023/Finance/Approved

3.A.4. Final Update on Emergency Replacement of Water Main Line on Artesia Street, between N. Jordan Avenue and N. Algona Avenue 2022/Water/Approved

3.A.5. Adopt Resolution No. 3967, Authorizing the Execution of a Surety Bond to Meet Financial Security Requirement for San Jacinto Power Community Choice Aggregation Program/Finance/Approved

3.A.6. Amendment No. 1 to Reimbursement Agreement for Street Improvements for Tract 31294/Engineering/Approved

3.A.7. Change Order for Mountain Ave Rehabilitation, Ramona Expressway Improvements, and Vernon Avenue Street Improvement Project (CIP No. 12- 008)/Engineering/Approved

3.A.8. Extension of the Service Authority Fee collected on behalf of the Riverside County Abandoned Vehicle Abatement Service Authority until May 2034/Community Development/Approved

3.A.9. Approval and Supplemental Appropriation for the Purchase of Compact Track Loader for Public Utilities/Streets/Approved
M/S/C (Ruiz/Ledezma) to approve the Consent Calendar. Motion carried 5/0.

Ayes: Vandever, Hawkins, Ayala, Ruiz, Ledezma
Nays: None

Absent: None
Abstain: None

3.A.2.a
Packet Pg. 9
Attachment: March 21, 2023 City Council Regular Meeting Minutes (Regular Meeting Minutes of March 21, 2023)

City Council Regular Meeting Action Minutes February 21, 2023

4. DISCUSSION ITEMS

4.1. Annual Financial Report, SAS 114 Report, and GAS Report for the Fiscal Year Ended June 30, 2022
Finance Director Erika Gomez introduced Evelyn Morentin-Barcena from Rogers, Anderson, Malody & Scott, LLP (RAMS) who presented the staff report.

The City Council received and filed the Annual Financial Report, SAS 114 Report, and the GAS Report for Fiscal Year Ended on June 30, 2022.

4.2. Approval to Execute Agreement Related to the San Jacinto Power Choice Solar and Battery Residential Program
Deputy City Manager Tom Prill introduced Stephen Pollock and Mike Kimball from Participate.Energy LLC who presented the staff report.

M/S/C (Ruiz/Hawkins) made a motion to grant the City Manager, or his designees, the authority to execute all contracts and make any non-substantive changes, related to the San Jacinto Power Choice Solar and Battery Residential Program.

Motion carried 5/0.

Ayes: Hawkins, Ruiz, Ayala, Vandever, Ledezma
Nays: None

Absent: None
Abstain: None

4.3. Requirements and Process for Development
City Manager Rob Johnson and Deputy City Manager for Development Travis Randel presented the staff report.

There were sixteen (16) public comments:
 Mike Garcia (Written)
 Mara Levy (Written)
 Eric Johnson (Written)
 Julio Gonzalez
 Candelario Martinez
 Cesar Rivas
 Reynaldo Hernandez
 Tomas Olivares
 Ernesto Rivas
 Miguel Arroyo
 Fredy Rivas
 Benjamin Portillo
 Jesus Ascensio
 Max Berry
 Morgan McCumas
 Mike McCumas

3.A.2.a
Packet Pg. 10
Attachment: March 21, 2023 City Council Regular Meeting Minutes (Regular Meeting Minutes of March 21, 2023)

City Council Regular Meeting Action Minutes February 21, 2023 The City Council received and filed the Requirements and Process for Development and would like to move to the following City Council Meeting of April 4, 2023.

4.4. Resolution No. 3968, Adopting the City of San Jacinto Rules of Decorum Policy Item was moved to the following City Council Meeting of April 4, 2023.

4.5. International Council of Shopping Centers RECON 2023 Economic Development and Special Events Admin Tara Magner presented the staff report.

M/S/C (Ledezma/Ruiz) made a motion to authorize travel requests for four City Councilmembers to attend the International Council of Shopping Centers (ICSC) RECON, Las Vegas, on May 21-23, 2023. Motion carried 4/1.

Ayes: Vandever, Hawkins, Ruiz, Ledezma
Nays: Ayala

Absent: None
Abstain: None

5. CITY MANAGER UPDATE
City Manager Robert A. Johnson will provided the City Manager Update for the month of March at the following City Council Meeting of April 4, 2023.

6. FUTURE REQUESTS FROM CITY COUNCIL TO STAFF

7. ADJOURNMENT
With no further business before the City Council, Mayor Ledezma adjourned the meeting at 10:14 p.m. in honor of Former Councilmember Russ Utz who passed away on March 12, 2023.

3.A.2.a
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Attachment: March 21, 2023 City Council Regular Meeting Minutes (Regular Meeting Minutes of March 21, 2023)

City Council Regular Meeting Action Minutes February 21, 2023 CITY OF SAN JACINTO:
_________________________
Alonso Ledezma, Mayor
ATTEST:
____________________________
Julia Espinoza, City Clerk

Approved as read:

Approved as amended:

3.A.2.a
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Attachment: March 21, 2023 City Council Regular Meeting Minutes (Regular Meeting Minutes of March 21, 2023) April 4, 2023
TO: City Council
REQUESTED BY: Craig Hayes,
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Fourth Amendment to City Attorney Legal Services Agreement RECOMMENDATION:

Staff recommends that the City Council approve Amendment No. 4 to the Legal Services Agreement between the City of San Jacinto and Best, Best & Krieger LLP, and Authorize the City Manager to Execute Amendment No. 4.

DISCUSSION:

Since January 20, 2000, City Attorney services have been provided to the City of San Jacinto through a legal services agreement with the law firm of Best, Best & Krieger LLP. The legal services agreement currently designates Michael J. Maurer as the named City Attorney, but it enables the City Council to consent to a change in the designation.

Over the last several years, the Assistant City Attorney, Craig P. Hayes has been actively involved in providing legal services to the City, including advising the Planning Commission.

The proposed amendment would officially designate Craig P. Hayes as the named City Attorney for the City of San Jacinto. Although Mr. Hayes would be responsible for overseeing the day-today provision of legal services, Mr. Maurer would be designated as the Assistant City Attorney and would remain available to the City as matters arise from time to time.

FISCAL IMPACT:

There is no fiscal impact for this item.

ATTACHMENTS:

Legal Services Agreement (with Amend. 1 - 3)
Fourth Amendment to Agreement for Legal Services (2023)

3.A.3
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e-060.3/2005 13:17 9056543723
AGENDA ITEM 3A.4
CITY OF SAN JACINTO PAGE 02

AGREEMENT FOR LEGAL SERVICES

CITY OF SAN JACINTO

1. PARTIES_A_ND DATE;
THIS AGREEMENT FOR LEGAL SERVICES ("Agreement") is made as ofthe lst day ofJuly 2004, by and between the CITY OF SAN JACINTO, a California municipal corporation ("CITY"), and BEST BEST & KRIEGER LLP, a limited liability partnership engaged in the practice of law in the State of California ("BB&K"). BB&K and CITY are sometimes individually referred to herein as "Party" and collectively as "Parties." 4 2. RECITALS.

2.1 The CITY wishes to continue to engage the services of BB&K as its City Attorney to perform all necessary legal services for the CITY. BB&K wishes to provide all such services and, to that end, agrees to provide certain of such services at rates substantially below market.
2,2 This Agreement is made pursuant to California Government Code section 53060 and in compliance with all existing regulations of the Fair Political Practices Commission and amended Rules of Professional Conduct ofthe State Bar ofCalifornia.

3. TERMS.

3.1 Score of SArvices. BB&K shall serve as City Attorney and shall perform legal services as may be required from time to time by the CITY and its officers. As directed by the City Council or the City Manager, the legal services provided by BB&K under this Agreement shall include regular attendance at all regular, adjourned regular and special meetings of the City Council, Planning Commission meetings and/or other board, commission or committee meetings as necessary, and weekly attendance at City Hall office hours, ifrequested. BB&K shall also be responsible for the preparation or review of all CITY ordinances and resolutions, together with such agreements, deeds and other legal documents as requested by the CITY. Further, BB&K shall render to the officers and employees of the CITY legal advice and opinions on all matters affecting the CITY, the City Council, the Redevelopment Agency, the City Planning Commission, the City's Water and Sewer Department and other departments, boards, commissions ut committeee, including general governmental matters, liability claims and risk management, employee relations, and other redevelopment and bond counsel matters, negotiations, environmental and tax increment matters, conflicts of interest, and civil and criminal litigation arising therefrom.

3.2 Authorization of Work. .Any legal service provided under this Agreement must RVPTJENSB\673554.7
1 PACKET PAGE: 80

3.A.3.a
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Attachment: Legal Services Agreement (with Amend. 1 - 3) (Fourth Amendment to City Attorney Legal Services Agreement) AGENDA ITEM 3A.4
a6/13/2M5 13:17 9096543728 CITY OF SAN JACINTO FASE @E3 be authorized by the City Council or the City Manager.

3.3 Quality Control. BB&K will fully cooperate with the CITY and the City Manager and will keep the CITY and its staff in.forrned of the status and progress of all pending matters and all legal matters of importance. BB&K will manage and control ,the delivery of all legal services hereunder in a professional, competent and cost-effective manner.

3.4 Assistance. The CITY agrees to provide all information and documents necessary for the attorneys at BB&K to perform their obligations under this Agreement.

Diseretion; Right to Employ Other Counsel. It is the intent of the Parties that all legal matters for the CITY will be handled by BB&K. However, nothing in this Agreement shall be construed in any man/er to limit the ultimate and absolute discretion of the City Council at any time to assign legal work to &her legal counsel.
3,6 Services and Compensation. BB&K shall render and bill for legal services in the following categories. The CITY shall pay for such services based on the following rates, or as they are adjusted from time to time by mutual consent.

3.6.1 etQ_._w_uL_L_e.gal__$__e_t__-vices: For preparation for, attendance at and participation in City Council meetings and other meetings as requested, and for the dratting, reviewing and counseling Work arising therefrom and frorn day to day public law matters, the CITY shall pa.y 13B&K a monthly retainer ofFifleen Thousand Dollars ($15,000.00).

3.6,2 Spepialized Legal Services: All legal services fitting this category shall be billed separately at the follovving hourly rates: $195/hour blended rate for all attorneys; $110/hour for paralegals and law clerks. This category shall include all hourly legal services in excess of the rnonthly retainer for specialized legal services including, but not limited to, the following:
(1) Litigation matters, including code enforcement litigation. (2) Laber and ernploytnent matters.
(3) Redevelopment Agency matters.
(4) Environmental issues including natural resources, endangered specics and water law matters.

3.61 Reimbursable Services: All legal services fitting this category shall be billed separately ar he rate then c.-'harged to nou-public agency elients of BB&K for the applicable attorney, paralegal andlor law derk.. This category shall include all legal services for which the City is entitled to recover its legal costs, whether pursuant to contract or by statute or ordinance, and shall include, but not be limited to the following:
(1) Review of Covenants, Conditions and Restrictions ("CC&Rs"). (2) Financing districts (i.e,, Community Facilities Distriets; Assessment 2 RV1UDVSB\473554,7
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3.A.3.a
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Attachment: Legal Services Agreement (with Amend. 1 - 3) (Fourth Amendment to City Attorney Legal Services Agreement) OG/13/2095 1317 9095543728 CITY OF SAN JACINTO
AGENDA ITEM 3A.4
PAGE 03
Districts; Landscape and Lighting Maintenance Districts). (3) Land Use/Environmental projects for which the City is entitled to reimbursement.

3.6,4 Bond Counsel Services: For bond counsel and special counsel services in connection with tax exempt or taxable financings, BB&K shall be compensated, depending upon the type of bonds, certificates or participation or other obligations which are to be issued, based on generally pievailing rates at the time. A schedule of bond rates is attached as Exhibit "A" to this Agreement and incorporated herein by this reference. Unless otherwise agreed to in. writing by the CITY, BB&K shall be compensated for such services solely from the proceeds of the sale of the bonds, certificates of participation or other obligations issued. BB&K shall prepare a separate written agreement for services provided under this paragraph.

Prior to commencing work on any Bond Counsel Services, BB&K shall obtain approval from the City Council, City Manager and/or their designee to insure that such work is properly defined as Bond Counsel Services and that such work has been authorized.

3.7 Cost Reirnbtt d Exce_pan tions. The CITY shall reimburse BB&K for all out-of-pocket expenses incurred by BB&K in providing legal services under this Agreement, including charges for printing and copying expenses; automobile mileage for travel to and from City Hall and other locations on behalfofthe City from the Riverside office ofBB&K; telephone and fax charges; and routine electronic legal research as needed regarding matters handled as General Legal Services. However, no separate charge shall be made by BB&K for secretarial or word processing services.

3.8 13jjagg. BB&K shall submit monthly to the CITY a statement of account for the retainer and individual invoices for the balance of the legal services provided under this Agreement. The CITY shall review BB&K's monthly statements and shall pay BB&K for all legal services rendered and costs incurred, as provided for in this Agreement, on a monthly basis

3.9 Annual Review, BB&K and the City Council shall conduct a review of BB&K's performance and rates annually during the month ofJune.

3.10 Prohibition Az....anst Subcontracting or Assignment. The experience, knowledge, capability and reputation of BB&K, its partners,. associates and employees were a substantial inducement for the CITY to enter into this Agreement. Therefore, BB&K shall not contract with any other person or entity to perform, in whole or in part, the legal services required under this Agreement without the written approval of the CITY: In addition, neither this Agreement, nor any interest herein, may be transferred, assigned, conveyed, hypotheateci, or encumbered voluntarily, or by operation of law, whether for the benefit of creditors, or otherwise, without the prior written approval ofthe CITY.

3.11 Inde_pendent Contractor. BMX, shall perform all legal services required under this Agreement as independent contractor of the CITY and shall remain, at all times as to the CITY, a wholly independent contractor with only such obligations as are required under this R PUBVSB\673554.7
3 PACKET PAGE: 82

3.A.3.a
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Attachment: Legal Services Agreement (with Amend. 1 - 3) (Fourth Amendment to City Attorney Legal Services Agreement) AGENDA ITEM 3A.4
0613/2005 13:17 9096543728 CITY OF SAN JACINTO PAGE 04
Agreement. Neither the CITY, nor any of its employees, shall have any control over the manner, mode or means by which BB&K, its agents or employees, render the legal services required under this Agreement, except as otherwise set forth. The CITY shall have no voice in the selection, discharge, supervision or control of BI3&K's employees, representatives or agents, or in fixing their number, compensation, or hours ofservice.

3.12 Term, Termination of A5ci-eement. The term of this Agreement shall commence on July 1, 2004 and shall continue in full force and effect until terminated as provided herein.

This Agreement may be terminated at any time upon thirty (30) days written notice from either Party, with or without cause. In the event of such termination, the CITY shall pay BB&K professional fees and costs, in accordance with this Agreement, for all services provided and costs incurred through the date of termination of this Agreement. The CITY agrees to execute, upon request, a stipulation in such form as to permit BB&K to withdraw as attorneys ofrecord in any legal action then pending. BB&K shall make available to the CITY, or to counsel designated by the CITY, all documents and records of the legal services provided to the CITY and shall assist to the fullest extent possible in the orderly transition of all pending matters to the CITY's new counsel.

3.13 Insurance Coverage. BB&K carries errors and omissions insurance with Lloyd's of London. After a standard deductibility amount, this insurance provides coverage which exceeds the amount required by the State of California.

3.14 Amendment Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in, writing and signed by both Parties.

3.15 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.16 Time ofJerformance- Efficiency of Services; Cooperation. The services of BB&K shall be performed expeditiously in light ofthe purposes ofthis Agreement. BB&K shall follow all procedures as established by the CITY consistent with its duties as City Attorney.

BB&K shall work cooperatively with the City Council and City Manager and keep them informed on all matters ofimportance as they arise.

SIGNATURES ON FOLLOVVING PAGE
4 PACKET PAGE: 83

3.A.3.a
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Attachment: Legal Services Agreement (with Amend. 1 - 3) (Fourth Amendment to City Attorney Legal Services Agreement) 064'13;2005 13:17 9096543728
AGENDA ITEM 3A.4
CITY OF SAN JACINTO PAGE 05

CITY OF SAN JACINTO
By:

Per Cosentint
City Manager
. Attest:
tibrothy L. Cb. nard
City Clerk

BEST BEST & KRIEGER LLP
John E. Brown., Partner
City Attorney
RVPUMISB\673554.7
Date:
5 Date: 2 Soft% 04
Date 0(3/1 3/0 14.

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3.A.3.a
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Attachment: Legal Services Agreement (with Amend. 1 - 3) (Fourth Amendment to City Attorney Legal Services Agreement) AGENDA ITEM 3A.4 ' 06/13/2005 13:17 9096543728 CITY OF SAN JACINTO PAGE 06 EXHIBIT "A"
TO

LEGAL SERVICES AGREEMENT
(SCHEDULE OF BOND COUNSEL FEES)
I. Certificates of Particivation and Revenue Bonds. For services in connection with the issuance and sale of certificates of participation and revenue bonds, BB&K shall be paid a fee which will be the greater of (1) $30,000 or (ii) an amount based on the total principal amount of the certificates ofparticipation or bonds to be sold, computed as follows:
.50% ofthe first $10 million ofthe amount
ofthe certificates or bonds issued, plus
.25% ofthe next $10 million ofthe amount
thereof, plus
.125% ofthe amount thereof, if any, over
$20 million.

2. Commuqity. Facilities Districts. For services in connection with the issuance and sale of bonds of community facilities districts, BB&K shall be paid Twelve Thousand Dollars ($12,000.00) initially for conducting the formation proceedings of the Community Facilities District, payable from the landowner's initial deposit. Additionally, upon issuance of bonds, 1313&K will charge a fee which will be the greater of (i) $30,000 or (ii) an amount based on the total principal amount ofthe bonds to be sold, computed as follows:
.50% ofthe first $10 million ofthe
amount ofthe bonds issued, plus
:25% ofthe next $10 million ofthe amount
thereof, plus
.125% ofthe amount thereof, if any, over
$20 million.

3. Assessment Districts. For services in connection with the issuance and sale of bonds of assessment districts, BB&K shall be paid Twelve Thousand Dollars ($12,000.00) initially for conducting the formation proceedings of the Assessment District, payable from the landowner's initial deposit. Additionally, upon issuance of bonds, BB841( will charge a fee which will be the greater of (i) $25,000 or (ii) an amount based on the total principal amount ofthe bonds to be sold, computed as follows:
.50% ofthe first $10 million ofthe
amount ofthe bonds issued, plus
RVPUBVSII\673554,7
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3.A.3.a
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Attachment: Legal Services Agreement (with Amend. 1 - 3) (Fourth Amendment to City Attorney Legal Services Agreement) .06 23/20.05 13:17 9096543728 CITY OF SAN JACINTO
AGENDA ITEM 3A.4
PAGE 07
.25% ofthe next $10 million ofthe amount
thereof, plus
.125% of the amount thereof, if any, over
$16 million.

4. Tax Allocation Bonds. For services in connection with the issuance and sale of tax allocation bonds. BB&K shall be paid a fee which will be the greater of (i) $30,000, or (ii) an amount based on the total principal amount of the bonds to be sold, computed as follows:
.50% ofthe first $10 million of the amount
ofbonds issued, plus
.25% ofthe next $10 milliort ofthe amount
of bonds issued, plus
.20% ofthe next $10 million ofthe amount
ofbonds issued, plus
.15% ofthe next $10 million ofthe amount
of bonds issued, plus
.125% ofthe amount thereof, if any, over
$40 million.

5. General ObligationjisiriLmtLrax and Revenue Anticipation Notes, For services in connection with the issuance and sale of general obligation bonds and tax and revenue anticipation notes of the City, BB&K shall be paid a fee which shall be determined based on the time expended by the attorneys and attorney assistants who perform services in connection with the issuance and sale of such bonds or notes at the following hourly rates; Attorneys (including partners and associates): $350; Paralegals and Clerks: $110.

6. conduit Borrowing. For services in connection with the issuance of bonds for and on behalf of conduit borrowers to finance industrial development facilities, multifamily housing projects and other projects qualifying for tax-exempt financing, BB&K shall be paid a fee which will be $30,000 for any bond issuance of $3,000,000 or less. Because bond counsel fees for conduit bonds are paid by the conduit borrower, we would expect to negotiate the fee for any transaction over $3,000,000 with the conduit borrower. Subject to approval by the City.

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Attachment: Legal Services Agreement (with Amend. 1 - 3) (Fourth Amendment to City Attorney Legal Services Agreement) AGENDA ITEM 3A.4
AMENDMENT NO. 1 TO

AGREEMENT FOR LEGAL SERVICES

CITY OF SAN JACINTO

1. PARTIES AND DATE.

THIS AMENDMENT NO. 1 TO AGREEMENT FOR LEGAL SERVICES
("Amendment No. 1") is made as ofthe 19th day ofJanuary 2006, by and between the CITY OF SAN JACINTO, a California municipal corporation ("CITY"), and BEST BEST & KRIEGER LLP, a limited liability partnership engaged in the practice of law in the State of California ("BB&K"). BB&K and CITY are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 The CITY and BB&K have entered into that certain Agreement for Legal Services dated as ofJuly 1, 2004 ("Agreement") whereby BB&K. shall serve the CITY as its City Attorney and Redevelopment Agency Counsel to perform all necessary legal services for the CITY.

2.2 The CITY BB&K wish to continue such arrangement and to change the person officially designated as City Attorney and Legal Counsel.

3. TERMS.

3.1 Amendment of Section 3. Section 3.1 ofthe Agreement is hereby amended to add the following:
"Jeffrey S. Ballinger, of BB&K, shall be the individual attorney ofBB&K designated as City Attorney and Agency Counsel and John E. Brown, of BB&K, shall be the individual attorney of BB&K designated as Assistant City Attorney and Assistant Agency Counsel. Mr.

Ballinger shall designate other partners and associates of BB&K as Deputy City Attorney or Deputy Agency Counsel, as necessary. Mr. Ballinger shall be responsible for the performance of services under the Agreement and the supervision of services performed by other members of Best Best & Krieger LLP. No change in this designation shall be made without the consent of the City and/or the Agency."

3.2 Amendment. Except as otherwise specifically set forth in this Amendment No. 1, all ofthe provisions ofthe Agreement shall remain in full force and effect.

SIGNATURES ON FOLLOWING PAGE
1 RNPUI3gBALLTNGER1706296.1
PACKET PAGE: 87

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Attachment: Legal Services Agreement (with Amend. 1 - 3) (Fourth Amendment to City Attorney Legal Services Agreement) AGENDA ITEM 3A.4

CITY OF SAN JACINTO
By:

Attest:

Barry Clellan
City Manager
)06./i/i
Dotrothy L. Ch4thiard
City Clerk

BEST BEST & ICRIEGER LLP
By:
. Ballinger
City Attorney
U/p.-16044(1
2 Date: January 19, 2006
Date: January 19, 2006
Date: 3cmucr7 !I, 2096
RVPUBUB 06296.1
PACKET PAGE: 88

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Attachment: Legal Services Agreement (with Amend. 1 - 3) (Fourth Amendment to City Attorney Legal Services Agreement) AGENDA ITEM 3A.4
EXIIIBIT "A"
TO

LEGAL SERVICES AGREEMENT
(SCIIEDULE OF BOND COUNSEL FEES)

1. Certificates of Participation and Revenue Bonds. For services in connection with the issuance and sale of certificates of participation and revenue bonds, BB&K shall be paid a fee which will be the greater of (i) $30,000 or (ii) an amount based on the total principal amount ofthe certificates ofparticipation or bonds to be sold, computed as follows:
.50% ofthe first $10 million ofthe amount
ofthe certificates or bonds issued, plus
.25% ofthe next $10 million ofthe amount
thereof, plus
.125% ofthe amount thereof, if any, over
$20 million.

2. Community Facilities Districts. For services in connection with the issuance and sale of bonds of community facilities districts, BB&K shall be paid Twelve Thousand Dollars ($12,000.00) initially for conducting the formation proceedings of the Community Facilities District, payable from the landowner's initial deposit. Additionally, upon issuance of bonds, BB&K will charge a fee which will be the greater of (i) $30,000 or (ii) an amount based on the total principal amount ofthe bonds to be sold, computed as follows:
.50% ofthe first $10 million ofthe
amount ofthe bonds issued, plus
.25% ofthe next $10 million ofthe amount
thereof, plus
.125% ofthe amount thereof, ifany, over
$20 million.

3. Assessment Districts. For services in connection with the issuance and sale of bonds of assessment districts, BB&K shall be paid Twelve Thousand Dollars ($12,000.00) initially for conducting the formation proceedings of the Assessment Distlict, payable from the landowner's initial deposit Additionally, upon issuance of bonds, BB&K will charge a fee which will be the greater of (i) $25,000 or (ii) an amount based on the total principal amount ofthe bonds to be sold, computed as follows:
.50% ofthe first $10 million ofthe
amount ofthe bonds issued, plus
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Attachment: Legal Services Agreement (with Amend. 1 - 3) (Fourth Amendment to City Attorney Legal Services Agreement) AGENDA ITEM 3A.4
.25% ofthe next $10 million ofthe amount
thereof, plus
.125% ofthe amount thereof, if any, over
$16 million.

4. Tax Allocation Bonds. For services in connection with the issuance and sale oftax allocation bonds. BB&K. shall be paid a fee which will be the greater of(i) $30,000, or (ii) an amount based on the total principal amount of the bonds to be sold, computed as follows:
.50% ofthe first $10 million ofthe amount
of bonds issued, plus
.25% ofthe next $10 million ofthe amount
ofbonds issued, plus
.20% ofthe next $10 million ofthe amount
ofbonds issued, plus
.15% ofthe next $10 million ofthe amount
ofbonds issued, plus
.125% ofthe amount thereof, ifany, over
$40 million.

5. General Obligation Bonds and Tax and Revenue Anticipation Notes. For services in connection with the issuance and sale of general obligation bonds and tax and revenue anticipation notes of the City, BB&K shall be paid a fee which shall be determined based on the time expended by the attorneys and attorney assistants who perform -services in connection with the issuance and sale of such bonds or notes at the following hourly rates:

Attorneys (including partners and associates): $350; Paralegals and Clerks: $110.

6. Conduit Borrowings. For services in connection with the issuance ofbonds for and on behalf of conduit borrowers to finance industrial development facilities, multifamily housing projects and other projects qualifying for tax-exempt financing, BB&K shall be paid a fee which will be $30,000 for any bond issuance of $3,000,000 or less. Because bond counsel fees for conduit bonds are paid by the conduit borrower, we would expect to negotiate the fee for any transaction over $3,000,000 with the conduit borrower, subject to approval by the City. •
A-2
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Attachment: Legal Services Agreement (with Amend. 1 - 3) (Fourth Amendment to City Attorney Legal Services Agreement) AGENDA ITEM 3A.4

SECOND AMENDMENT TO

AGREEMENT FOR LEGAL SERVICES

CITY OF SAN JACINTO
I. PARTIES AND DATE.

THIS SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES ("Second Amendment") is made as of the 25th day of March 2013, by and between the CITY OF SAN JACINTO, a California municipal corporation ("CITY"), and BEST BEST & KRIEGER LLP, a limited liability partnership engaged in the practice of law in the State of California ("BB&K").

BB&K and crrY are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 The CITY and BB&K have entered into that certain Agreement for Legal Services dated as ofJuly 1, 2004 ("Agreement") whereby BB&K shall serve the CITY as its City Attorney to perform all necessary legal services for the CITY.

2.2 The CITY and BB&K amended that certain Agreement on January 19th, 2006 ("Amendment") to name Jeffrey S. Ballinger as City Attorney.

2.3 The CITY wishes to continue to engage the services of BB&K as its City Attorney to perform all necessary legal services for the CITY on the terms set forth below. For purposes of this Second Amendment, the term "CITY" shall include the Successor Agency to the former San Jacinto Redevelopment Agency, and any other affiliated entities.

3. TERMS.

3.1 as follows:

Amendment of Section 3.6.2. Section 3.6.2 of the Agreement is hereby amended "Specialized Legal Services: All legal services fitting this category shall be billed separately at the following hourly rates: $199/hour blended rate for all attorneys; $112/hour for paralegals and law clerks. This category shall include all hourly legal services in excess of the monthly retainer for specialized legal services including, but not limited to, the following:
(1) Litigation matters, including code enforcement litigation; (2) Labor and employment matters;
1 24438.00000\7877650.1
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Attachment: Legal Services Agreement (with Amend. 1 - 3) (Fourth Amendment to City Attorney Legal Services Agreement) AGENDA ITEM 3A.4

3.2 as follows:
(3) Successor Agency matters; and
(4) Environmental issues including natural resources, endangered species and water law matters."
Amendment to add Section 3.6.5. Section 3.6.5 ofthe Agreement is hereby added "Annual Adjustments; Other Mutual Adjustments: The rates or amounts provided for in Section 3 shall be automatically increased as follows: On July 1, 2014 and every July 1st thereafter during the term of this Agreement, they shall be increased for the change in the cost of living for twelve (12) month period published for the month of May, as shown by the U.S. Department of Labor in its All Urban Consumers Index set forth for the Los Angeles-Anaheim-Riverside area; provided, however, that such adjustment shall never be lower than zero percent (0%) nor more than four percent (4%)."

3.3 Amendment to Section 3.6.3. Section 3.6.3 of the Agreement is hereby amended as follows:
"Reimbursable Services: All legal services fitting this category shall be billed separately at the rate then charged to non-public agency clients of BB&K for applicable attorney, paralegal and/or clerk. This category shall include all legal services for which the City is entitled to recover its legal costs, whether pursuant to contract or by statute or ordinance, and shall include, but not be limited to the following:
(1) Review of covenants, conditions and restrictions ("CC&Rs"); (2) Financing Districts (i.e. Community Facilities Districts; Assessment Districts; Landscape and Lighting Maintenance Districts); and
(3) Land Use/Environmental projects for which the City is entitled to reimbursement."

3.4 Amendment. Except as otherwise specifically set forth in this Second Amendment, all ofthe provisions ofthe Agreement shall remain in full force and effect.

SIGNATURES ON FOLLOWING PAGE
2 24438.00000\7877650.1
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Attachment: Legal Services Agreement (with Amend. 1 - 3) (Fourth Amendment to City Attorney Legal Services Agreement) AGENDA ITEM 3A.4

CITY OF SAN JACINTO
By:

Attest:

Tim Hults
City Manager
Rick Miller
City Clerk

BEST BEST & KRIEGER LLP
By:
fe:2-ey Z11inger
Partner
Best Best & Krieger LLP
3 Date: VA 7/f?
Date: 1-1/Zed/3
Date: Aert ( 2 3 2,00
24438.00000\7877650.1
PACKET PAGE: 93

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Attachment: Legal Services Agreement (with Amend. 1 - 3) (Fourth Amendment to City Attorney Legal Services Agreement) AMENDMENT NO. 3 TO

AGREEMENT FOR LEGAL SERVICES

CITY OF SAN JACINTO

1. PARTIES AND DATE.

THIS AMENDMENT NO. 3 TO AGREEMENT FOR LEGAL SERVICES
("Amendment No. 2") is made as of the 7 day of February 2017, by and between the CITY OF SAN JACINTO, a California municipal corporation ("CITY"), and BEST BEST & KRIEGER LLP, a limited liability partnership engaged in the practice of law in the State of California ("BB&K"). BB&K and CITY are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 The CITY and BB&K have entered into that certain Agreement for Legal Services dated as ofJuly I, 2004 ("Agreement") whereby BB&K shall serve the CITY as its City Attorney and Redevelopment Agency Counsel to perform all necessary legal services for the CITY.

2.2 The CITY and BB&K have executed an Amendment No. 1 to the Agreement for Legal Services dated January 19, 2006 to designate Jeffrey S. Ballinger as City Attorney.

2.3 The CITY and BB&K wish to continue such arrangement and to change the BB&K attorney designated as City Attorney from Jeffrey S. Ballinger to Michael J. Maurer.

3. TERMS.

3.1 Amendment of Section 3. The portion of Section 3.1 of the Agreement added by Amendment no. 1 is hereby amended to read as follows:
"Michael J. Maurer, of BB&K, shall be the individual attorney of BB&K designated as City Attorney and Successor Agency Counsel. Mr. Maurer shall designate other attorneys of BB&K as Assistant City Attorney or Assistant Successor Agency Counsel or Deputy City Attorney or Deputy Agency Counsel, as necessary. Mr. Maurer shall be responsible for the performance ofservices under the Agreement and the supervision ofservices performed by other members of Best Best & Krieger LLP. No change in this designation shall be made without the consent ofthe City and/or the Successor Agency."

3.2 Amendment. Except as otherwise specifically set forth in this Amendment No. 2, all ofthe provisions ofthe Agreement shall remain in full force and effect.

A-1
22242 00000\295830001

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Attachment: Legal Services Agreement (with Amend. 1 - 3) (Fourth Amendment to City Attorney Legal Services Agreement)

CITY OF SAN JACINTO
Attest:

Robert hAllatille„nsonil Ti
City Mana er
altOn
Citytlerk

BEST BEST& KRIEGER LLP
By:
ichael J. Maurer
City Attorney
A-/
Date:

Date:

Date: -517
t
7 22242.00000\29583000.1

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Attachment: Legal Services Agreement (with Amend. 1 - 3) (Fourth Amendment to City Attorney Legal Services Agreement) 24438.00000\41091298.1
1 AMENDMENT NO. 4 TO

AGREEMENT FOR LEGAL SERVICES

CITY OF SAN JACINTO

1. PARTIES AND DATE.

THIS AMENDMENT NO. 4 TO AGREEMENT FOR LEGAL SERVICES
(“Amendment No. 4”) is made as of the 4th day of April 2023, by and between the CITY OF SAN JACINTO, a California municipal corporation (“CITY”), and BEST BEST & KRIEGER LLP, a limited liability partnership engaged in the practice of law in the State of California (“BB&K”). BB&K and CITY are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 The CITY and BB&K have entered into that certain Agreement for Legal Services dated as of July 1, 2004 (“Agreement”) whereby BB&K shall serve the CITY as its City Attorney and Redevelopment Agency Counsel to perform all necessary legal services for the CITY.

2.2 The CITY and BB&K have executed an Amendment No. 3 to the Agreement for Legal Services dated February 7, 2017 to designate Michael J. Maurer as City Attorney.

2.3 The CITY and BB&K wish to continue such arrangement and to change the BB&K attorney designated as City Attorney from Michael J. Maurer to Craig P. Hayes.

3. TERMS.

3.1 Amendment of Section 3. The portion of Section 3.1 of the Agreement added by Amendment no. 1 is hereby amended to read as follows:
“Craig P. Hayes, of BB&K, shall be the individual attorney of BB&K designated as City Attorney and Successor Agency Counsel. Mr. Hayes shall designate other attorneys of BB&K as Assistant City Attorney or Assistant Successor Agency Counsel or Deputy City Attorney or Deputy Agency Counsel, as necessary. Mr. Hayes shall be responsible for the performance of services under the Agreement and the supervision of services performed by other members of Best Best & Krieger LLP. No change in this designation shall be made without the consent of the City and/or the Successor Agency.”

3.2 Amendment. Except as otherwise specifically set forth in this Amendment No. 4, all of the provisions of the Agreement shall remain in full force and effect.

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Attachment: Fourth Amendment to Agreement for Legal Services (2023) (Fourth Amendment to City Attorney Legal Services Agreement) 24438.00000\41091298.1
2 CITY OF SAN JACINTO
By: _____________________________________ Date: _______________________ Rob A. Johnson
City Manager
Attest:
_____________________________________ Date: _______________________ Julia Espinoza
City Clerk

BEST BEST & KRIEGER LLP
By: _____________________________________ Date: _______________________ Craig P. Hayes
City Attorney

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Attachment: Fourth Amendment to Agreement for Legal Services (2023) (Fourth Amendment to City Attorney Legal Services Agreement) April 4, 2023
TO: City Council
REQUESTED BY: Stuart McKibbin, City Engineer
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Road Closure for 3 Weeks on Cottonwood Avenue for Emergency Pavement Rehabilitation
RECOMMENDATION:

Staff recommends that the City Council approve the requested road closure along Cottonwood Avenue, from approximately 0.5 miles east of the entrance to Reflection Lake RV Park to Warren Road, for a duration of 3 weeks, weather permitting.

DISCUSSION:

On March 21, 2023, the City Council approved a change order to the Mountain Avenue Rehabilitation Project (CIP# 12-008). The change order approves the contractor, R.J. Noble Company, to perform an emergency full-depth reclamation of Cottonwood Avenue, from approximately a half mile east of the entrance to Reflection Lake RV Park to Warren Road.

Full-depth reclamation is a comprehensive rehabilitation process to rebuild a roadway that requires complete road closure for excavating, pulverizing, and curing of the materials. The road closure allows for the quickest solution of the full-depth reclamation project, and the least inconvenience to the public. Therefore, the City Engineer has deemed the closure necessary.

Engineering staff has coordinated with R.J. Noble Company to provide a detour plan that will ensure the safety of motorists and construction crew during the project. The detour will route motorists to Esplanade Avenue. The active work area is to be protected by K-Rail, along with proper signage, to ensure safety of the local residents.

Residents and neighboring businesses will be notified twice of the impending closure. The first notification will be two weeks prior, and the second notice will be three days prior to the road closure.

The City Engineer recommends that the City Council approve the road closure.

The dates of the closure will be determined after approval by the City Council. The contractor shall notify all emergency services, the City’s solid waste/recycling company, school district(s), and post office prior to road closures.

FISCAL IMPACT:

No fiscal impact.

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ATTACHMENTS:

Vicinity Map for Cottonwood Avenue
Detour map for Cottonwood Avenue Road Closure

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WARREN RD.

COTTONWOOD AVE.

VICINITY MAP TRI LAKE
LEGEND:

COTTONWOOD AVENUE ROAD CLOSURE

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Attachment: Vicinity Map for Cottonwood Avenue (Road Closure for 3 Weeks on Cottonwood Avenue for

DETOUR MAP TRI LAKE
LEGEND:

COTTONWOOD AVENUE ROAD CLOSURE
COTTONWOOD AVE.

ESPLANADE AVE.

WARREN RD.

CAWSTON AVE.

WORK AREA

DETOURS

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Attachment: Detour map for Cottonwood Avenue Road Closure (Road Closure for 3 Weeks on April 4, 2023
TO: City Council
REQUESTED BY: Arthur Mullen, Chief of Public Utilities
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Purchase of Backup Emergency Generator for Police Department Building RECOMMENDATION:

Staff recommends that the City Council approve the purchase of a new 2023 ANA, Inc. model SDG220S-8E1 176KW backup generator for the San Jacinto Police Department Building.

DISCUSSION:

In 2022, the existing backup generator experienced a critical failure, which left the SJPD without power during a SoCal Edison power outage. The City contracts with the Riverside County Sherriff’s Office (RSO) for SJPD services, but owns and is responsible for maintaining the SJPD building. Maintaining electrical availability in the event of a power outage is critical to public safety.

City staff researched and identified a new generator, fully capable of providing efficient and effective backup power to the building. The new 2023 176KW ANA, Inc. backup generator will replace the non-operational backup generator at the San Jacinto Police Department (SJPD) building, located at 160 West 6th Street.

In January 2023, the City utilized a purchasing platform called Compare CoOps to solicit bids for a new backup generator. Compare CoOps is a platform that enables government agencies to obtain bids from vendors for specific products and services that have previously been competitively bid under a cooperative contract.

San Jacinto Municipal Code Section 3.08.070(C) states that the City may dispense with any of the competitive solicitation procedures contained in the purchasing ordinance if “another public agency, including a joint powers agency, already performed a competitive process in accordance with the City’s standards and re-soliciting is unlikely to yield better results for the City.” Utilizing cooperative contracts allows the City to bypass the lengthy timeline of engaging in its own competitive bidding process, while complying with municipal requirements for procurement.

Through Compare CoOps, staff received one proposal from H&E Equipment, Inc. for the amount of $138,494, including tax. Staff previously received informal quotes ranging from $100,000 to $130,000 for less effective and less powerful generators, and therefore believes that re-soliciting is unlikely to yield better results for the City.

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At present, only a portion of the building is connected to the emergency generator transfer switch, which means that when a power outage does occur, only a portion of the building is protected. The increased size of the Generator will allow the entire building to be energized under emergency power whenever necessary. To accommodate the new generator, the building requires significant upgrades to the electrical system that were not originally anticipated. As such, staff is requesting additional funds to complete the building rehabilitation and install the generator.

FISCAL IMPACT:

The approved Fiscal Year 2022-2023 budget allocated $100,000 for the purchase of a replacement generator for the SJPD building. However, in numerous conversations with electricians subsequent to the budget adoption, it was determined that substantial improvements are needed to the electrical system at the SJPD Building before a generator can be reconnected.

Due to back orders and supply chain issues, the anticipated delivery of the generator is expected in April 2024. Staff is recommending that the City Council reallocate the budgeted $100,000 for necessary SJPD building improvements to a new CIP project, and allocate an additional $138,494 for the purchase of the new Generator. The new allocation will allow a Purchase Order to be issued, and it will be again included in the FY 2023/24 Budget, as payment will be made upon actual delivery.

ATTACHMENTS:

H&E Equipment Service Quote
ANA Airman SDG220S Data Sheet

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QUOTATION
S-JT2881
***Includes freight ***Skid Mounted*** Equalis Cooperative Contract: COG-2126A; Lead Time April 2024*** Specs:

SDG220S-8E1, 220kVA/176kW, John Deere Powered Diesel Generator, 176kW Prime/194kW Standby - Skid Mounted Battery Charger Accessory Kit for SDG13-220, 12V, 6A
Camloks, Dual Row, SDG220
Notes
6006 Miramar Road
San Diego CA, 92121 Quote Number:

Date: 12/23/2022
Expiration Date: 01/23/2023
CITY OF SAN JACINTO (Acct: 1312432)
595 S San Jacinto Ave
San Jacinto, CA 92583-4134
Customer
This quotation reflects present prices, but is subject to adjustment based on manufacturer's price increases and availability. Whether or not specifically set forth, this quotation is subject to any applicable federal, state, and local taxes and freight charges. This quotation is subject to any and all manufacturer's warranties respectively applicable to new equipment and is subject to the limitations and conditions of those warranties. No other warranties are implied or offered by H&E Equipment Services, Inc. unless specifically outlined on the face of this quotation. This quotation is subject to change without notice. This quotation is an invitation to offer and not binding until acceptance by H&E Equipment Services, Inc.'s Branch Manager.

Unless otherwise stated, quotation expires on the Expiration Date listed on this quote and may be modified or withdrawn by H&E prior to acceptance.

For sale of rental fleet, Buyer is hereby notified that H&E has assigned its rights (but not its obligations) in this agreement to sell the equipment described herein to H&E Equipment Exchange LLC, a qualified intermediary, as part of a Section 1031 exchange.

Any quoted interest rates and payment are subject to availability and credit approval. Payment Amounts do not include applicable taxes or fees.

H&E Branch Manager Acceptance: Customer Acceptance of this proposal:

Signed: Signed:

Date: Date:

Purchase Order:

Cust. Contact: Sales Representative: Jason Tetzloff Cell: 619-322-4542 Model Description Price
2023 ANA, Inc - SDG220S-8E1 220KVA/176KW Generator $127,350.00 Total: $138,493.13
S-JT2881 Confidential 1 of 1
Includes 8.75% sales tax.

Sales Tax: $11,143.13

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Attachment: H&E Equipment Service Quote (Purchase of Backup Emergency Generator for Police Department Building)

PERFORMANCE //
1 – DSE® Digital Control Panel
2 – Curbside Electrical Panel
3 – Large Electrical Lugs
4 – Emergency Stop Button
5 – Prime Power Alternator
6 – QuieTech™ Sound Attenuation
7 – Fast Change Voltage Link Board

MAINTENANCE //
8 – Lift-off Door Hinges
9 – 110% Fluid Containment
10 – Ext. Fuel Tank Connections
11 – Built-in Service Ladder
12 – Service Extensions
13 – Front DEF Access Door

CONSTRUCTION //
14 – Powder-coated Steel Enclosure
15 – Stainless Steel Hardware
16 – Lockable Access Doors
17 – Automotive Door Seals
18 – 285 Gallon Fuel Tank
19 – Heavy-Duty Steel Trailer
1 | DSEGenset® Digital Control Panel
Model 7310 MKII
2 | Single-Phase Receptacles
120V - 20A x 2 | 240V - 50A x 3
Optional Dual Row Cam-Loks™ Shown
3 | Large Electrical Output Lugs
3Φ Output - 480V & 240V or 208V
10 | External Fuel Tank Connections
with 3-Way Selection Valve

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Attachment: ANA Airman SDG220S Data Sheet (Purchase of Backup Emergency Generator for Police Department Building)

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Attachment: ANA Airman SDG220S Data Sheet (Purchase of Backup Emergency Generator for Police Department Building) April 4, 2023
TO: City Council
REQUESTED BY: Arthur Mullen, Chief of Public Utilities
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Resolution in Support of National Mayor's Water Conservation Month RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 3969, in support of the National Mayor’s Challenge for Water Conservation.

DISCUSSION:

The National Mayor’s Challenge for Water Conservation is presented by the Wyland Foundation, with support from the U.S EPA WaterSense, The Toro Company, Toyota, and National League of Cities. Founded in 1993 by environmental artist Wyland, the Wyland Foundation is a 501(c)(3) non-profit organization dedicated to promoting, protecting, and preserving the world’s ocean, waterways, and marine life. The foundation encourages environmental awareness through community events, education programs, and public art projects.

This annual non-profit national community service campaign encourages leaders to inspire their residents, between April 1-30, to commit to making small changes at www.mywaterpledge.com to use water more efficiently, reduce pollution, and save energy. The program began ten years ago by a handful of mayors who were looking for alternative ways to engage their residents more deeply about the coming water challenges in the United States. 2023 marks the 12th year of the program with more than 400 cities participating in the 2022 campaign.

Participating cities sign up for the challenge with a Statement of Support from the Mayor. The statement recommended for San Jacinto is as follows:
“As a leader committed to efficient use of natural resources, I support the mission of the Mayor’s National Challenge for Water Conservation, a non-profit national community service program, and in so doing affirm my commitment to sustainability for the City of San Jacinto and for future generations”.

To participate, residents go to www.mywaterpledge.com, and make a series of online pledges to conserve water on behalf of San Jacinto. Cities compete in the following population categories:
5,000- 29,999 residents, 30,000-99,999 residents, 100,000-299,999 residents, 300,000-599,999 residents, and 600,000+ residents. Cities with the highest percentage of residents who take the pledge (within their population category) are rewarded with a chance to win $3,000 toward their home utility bills, and hundreds more eco-friendly prizes including Toro Irrigation Smart Controllers, gift cards, and more. In addition, one school from each winning city will receive 100

4.1 Packet Pg. 41
pairs of Zenni Remakes™ eyeglasses that help reduce damage to eyes from prolonged exposure to blue light. Each pair is made from recycled plastics equal to three discarded single-use plastic water bottles.

City staff has prepared a variety of marketing materials to be distributed to the public throughout the month of April. These include posters, flyers, emails, and social media posts.

Staff recommends that the City Council adopt Resolution No. 3969, in support of the National Mayor’s Challenge for Water Conservation.

FISCAL IMPACT:

There is no fiscal impact to adopting Resolution No. 3969 in support of the National Mayor’s Challenge for Water Conservation.

ATTACHMENTS:

Resolution No. 3969
Presenation - National Mayor's Challenge for Water Conservation

4.1 Packet Pg. 42
Resolution No. 3969

STATE OF CALIFORNIA ) RESOLUTION NO. 3969
COUNTY OF RIVERSIDE ) ss

CITY OF SAN JACINTO )

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN JACINTO IN SUPPORT OF THE NATIONAL
MAYOR’S CHALLENGE FOR WATER CONSERVATION
WHEREAS, the City of San Jacinto continues to explore ways to manage residential consumption of water and power, and to inspire its residents to care for our natural resources; and
WHEREAS, cities can engage in efforts to inspire their own communities, as well as their neighboring cities, to become better environmental stewards; and WHEREAS, the 12th annual National Mayor’s Challenge for Water Conservation presented by the Wyland Foundation, with support from the U.S EPA WaterSense, The Toro Company, and the National League of Cities, is a non-profit challenge to residents to encourage pollution reduction and smart water use; and WHEREAS, with the encouragement of their Mayors, residents may register their participation in their city's Challenge, online, by making simple pledges to decrease their water use and to reduce pollution for the period of one year, thereby assisting their cities to apply State and Federal water conservation strategies and to target mandated reductions; and
WHEREAS, from April 1- 30, 2023, the City of San Jacinto wishes to inspire its residents and its neighboring communities to take the "Wyland Mayor's Challenge for Water Conservation" by making a series of online pledges at mywaterpledge.com to reduce their impact on the environment and to see immediate savings in their water, trash, and electricity bills; Residents will further be provided with tools to take specific measurable actions throughout the year to improve the sustainable use of natural resources; and

NOW, THEREFORE, THE MAYOR AND CITY COUNCIL MEMBERS OF THE

CITY OF SAN JACINTO, CALIFORNIA, DO HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:

SECTION 1. That the City of San Jacinto agrees and supports the "Wyland Mayor's Challenge for Water Conservation" emphasis.; and SECTION 2. That the program is to be implemented from April 1- 30, 2023, through a series of communication and outreach strategies, whether new or existing, to encourage San Jacinto residents to take the conservation "Challenge".; and

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Attachment: Resolution No. 3969 (Resolution in Support of National Mayor's Water Conservation Month) Resolution No. 3969

SECTION 3. That the Mayor and City Council adopt the Statement of Support, “As a leader committed to efficient use of natural resources, I support the mission of the Mayor’s National Challenge for Water Conservation, a non-profit national community service program, and in so doing affirm my commitment to sustainability for the City of San Jacinto and for future generations.”; and
SECTION 4. This resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 4 th day of April, 2023, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:
_______________________
Alonso Ledezma, Mayor
ATTEST:
_____________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
__________________________
Michael J. Maurer, City Attorney

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Attachment: Resolution No. 3969 (Resolution in Support of National Mayor's Water Conservation Month) Resolution No. 3969

CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE ) SS

CITY OF SAN JACINTO )
I, Julia Espinoza, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 3969 was introduced at a regular meeting of the City Council of the City of San Jacinto on the 4th day of April 2023. Resolution No. 3969 was passed, approved, and adopted by the City Council of the City of San Jacinto, California, at a regular meeting of the City Council held on the 4 th day of April 2023:

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 4th day of April 2023. _____________________________
Julia Espinoza, City Clerk
City of San Jacinto

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Attachment: Resolution No. 3969 (Resolution in Support of National Mayor's Water Conservation Month) City of San Jacinto
Water Conservation Project
2023 Wyland Annual National Mayor’s Challenge

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Packet Pg. 46
Attachment: Presenation - National Mayor's Challenge for Water Conservation (Resolution in Support of Agenda
• Wyland Foundation • Annual National Mayor’s Challenge • How It Works • Mayor’s Statement • City’s Involvement • Recommendation

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Packet Pg. 47
Attachment: Presenation - National Mayor's Challenge for Water Conservation (Resolution in Support of Wyland Foundation
• The Wyland Foundation, a
501(c)(3) non-profit organization,
is dedicated to promoting,
protecting, and preserving the
world’s ocean, waterways, and
marine life. The foundation
encourages environmental
awareness through education
programs, public arts projects,
and community events.

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Packet Pg. 48
Attachment: Presenation - National Mayor's Challenge for Water Conservation (Resolution in Support of Annual National Mayor’s Challenge
• The Annual National Mayor's Challenge for Water
Conservation is a friendly non-profit competition between cities across the country that takes place every April 1-30. • The campaign actively promotes civic participation and action around water conservation, efficiency, and the
sustainability of our nation’s water-based ecosystems, with thousands of dollars in eco-friendly prizes for participating residents and local charities.
• Website: National Mayor's Challenge

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Packet Pg. 49
Attachment: Presenation - National Mayor's Challenge for Water Conservation (Resolution in Support of How It Works
• Cities simply encourage residents to make a series of online commitments (mywaterpledge.com) to reduce
pollution, water waste, and explore ways to improve the health of their community.
• Cities with the highest percentage of residents who make pledges are entered to win thousands of dollars in ecofriendly prizes, including a Grand Prize $3,000 toward their Home Utility Bills, Toro home irrigation products, home improvement store gift cards, and more.

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Packet Pg. 50
Attachment: Presenation - National Mayor's Challenge for Water Conservation (Resolution in Support of Mayor’s Statement
• Mayor’s statement of support required to participate
“As a leader committed to efficient use of natural resources, I support the mission of the Mayor’s Challenge for Water
Conservation, a non-profit national community service program, and in so doing affirm my commitment to sustainability for the City of San Jacinto and for future generations.”

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Packet Pg. 51
Attachment: Presenation - National Mayor's Challenge for Water Conservation (Resolution in Support of City’s Involvement
• Utilize Mayor’s Challenge Toolkit for custom created social media sharing functions and other resources, including
model resolutions, signs, and banners
• A variety of public outreach is planned for April
• Engage residents to participate on “My Water Pledge”
• Pledge includes a 4 question infographic
• Encourage School District participation

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Packet Pg. 52
Attachment: Presenation - National Mayor's Challenge for Water Conservation (Resolution in Support of Recommendation
• Staff recommends that the City Council adopt Resolution No. 3969 in support of the Annual National Mayor’s
Challenge for Water Conservation.

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Packet Pg. 53
Attachment: Presenation - National Mayor's Challenge for Water Conservation (Resolution in Support of April 4, 2023
TO: City Council
REQUESTED BY: Travis Randel, Deputy City Manager, Development Services APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Outdoor Fitness Court Shade Sails
RECOMMENDATION:

Staff recommends that the City Council approve and award a contract for the purchase and installation of a shade structure from USA Shade and Fabric Structures for the National Fitness Court at Mistletoe Park in the Amount of $128,294.48; Authorize the City Manager to execute all documents related to the contract, subject to review and minor modifications by the City Attorney; and utilize a 10% contingency in the amount of $12,829.45, if necessary.

DISCUSSION:

On April 9, 2022, the City launched its National Fitness Court at Mistletoe Park, bringing free fitness to the community and its visitors. At present, the Fitness Court is exposed to direct sun, which becomes uncomfortable during the heat of the summer and may detour individuals from utilizing the fitness court to its fullest. The installation of a shade structure over the fitness court, will allow for individuals to stay cool and comfortable while enjoying this amazing amenity year around. The shade structure will also create a unique park fixture that increases the attractiveness of the park, protects the outdoor fitness court by blocking unfiltered sun and some precipitation, and increases equipment longevity.

The project involves the installation of a shade structure to cover the National Fitness Court located at Mistletoe Park. The process of bidding out the equipment and work necessary to install the shade structure typically takes approximately 15 weeks.

In an ongoing effort to operate efficiently, staff is recommending taking advantage of a Cooperative Purchase Agreement awarded to USA Shade and Fabric Structures by Sourcewell contract #010521-LTS-6. The cooperative purchase agreement with USA Shade & Fabric Structures is valid through February 17, 2025. Other local and area clients of USA Shade & Fabric Structures are the City of Hemet, City of Fontana, City of Lake Elsinore, City of Perris, and the County of Riverside.

The City of San Jacinto’s Municipal Code allows for alternative bidding for supplies and equipment purchases when competitive bidding has already been completed by another public agency and the price to the City is equal to or better than the price to that public agency.

Cooperative Purchase Agreements allow the City to secure pricing that has been established through competitive bidding efforts of federal, state, and local government agencies. This process benefits the City by expediting bid awards and avoiding costs related to staff time required for the development of bid specifications, advertisement, and bid openings.

4.2 Packet Pg. 54
FISCAL IMPACT:

Funding for the project was budgeted and approved in the Fiscal Year 2022/2023 Budget in the amount of $111,500. Staff is recommending that the remaining $29,624 required for this project, which includes a 10% contingency, be funded with Economic Development project funding, CIP #18-007, #199-9999-425-4001. The funding has already been appropriated and will have no additional impact on the General Fund.

ATTACHMENTS:

USA Shade Proposal - Mistletoe Park
Project Rendering
San Jacinto - Model Short Form Construction Contract

4.2 Packet Pg. 55
www.usa-shade.com | 800-966-5005
San Jacinto, CA
AZ: 289388 CA: 989458 LA: 61718 NV:78724
NM: 383826 TN: 68712 DIR: 1000003533
Mistletoe Park
2/24/2023
Pricing valid for 15 days
Proposal Prepared For:

City of San Jacinto
0 4.2.a
Packet Pg. 56
Attachment: USA Shade Proposal - Mistletoe Park (Outdoor Fitness Court Shade Sails) Date: 2/24/2023
Purchaser: Contact: Sales Rep:

Project Name: Phone: Phone:

Quote No: Email: Email:

PO No: Fax: Fax:

Contact: Contact: Contact:

Phone Phone Phone
Email: Email: Email:

Fax: Fax: Fax:

CORPORATE ADDRESS: REMITTANCE ADDRESS:
2580 Esters Blvd., Suite 100 P.O. Box 734158
DFW Airport, TX 75261 Dallas, TX 75373-4158
SOUTHERN CALIFORNIA: NORTHERN CALIFORNIA: ARIZONA: LAS VEGAS:
1085 N. Main Street, Suite C 927 Enterprise Way, Suite A 2452 W. Birchwood Ave, Suite 112 6225 S. Valley View Blvd., Suite I Orange, CA 92867 Napa, CA 94558 Mesa, AZ 85202 Las Vegas, NV 89118 NOTE: This message is intended only for the use of the individual to whom it is addressed, and contains information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any unauthorized disclosure, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by phone and return the original message to the applicable address above.

MAILING ADDRESS:

P.O. Box 3467
Coppel, TX 75019
714-656-4564 951-487-7330 ext 375
[email protected] [email protected]
92867 92583
Construction Dept Rene Yarnall
San Jacinto Orange San Jacinto

CA CA CA
City of San Jacinto SOUTHERN CALIFORNIA Mistletoe Park
1085 N. Main st 421 S. Mistletoe Avenue
Billing Information: Shipping Information: Jobsite Information:

Mistletoe Park 951-487-7330 ext 375 909-927-7567
ca1122ER00765 [email protected] [email protected] Proposal for USA SHADE & Fabric Structures
Project Information: Sales Information:

City of San Jacinto Rene Yarnall Eric Roys
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533

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Attachment: USA Shade Proposal - Mistletoe Park (Outdoor Fitness Court Shade Sails) Structure Pricing

UNIT IMAGE
Unit Quantity: 1 Foundations By USA Shade
Unit Type: Mariner Peak Grout Installation Not Applicable Structure Size: 45x45 Footing Type: Drilled Pier
USA Shade Model Number 407.2 Base Attachment: PIH - Embed Entry Height: 12 Anchor Bolts: N/A
No of Columns: 4 Concrete Cutting: Included
No of Fabric Tops: 4 Dirt Removal: Included
Fabric Type: Alnet Surface Type: Concrete
Fabric Color: TBD NOTES
Steel Finish: Powder Coated
Steel Color: TBD
PRICE Electrical Provisions: N/A
Cable/HDW Finish: Galvanized
Concept No:

Structure 1

UNIT DETAILS
Pricing is from Sourcewell Government Contract
#010521-LTS-6 Line item #919 $49,004-
6%=$46,063.76
$46,063.76
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533

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Attachment: USA Shade Proposal - Mistletoe Park (Outdoor Fitness Court Shade Sails)

QTY COST
50%
100%
CBC 2019
115 mph
5 psf
Electronic
Electronic
Electronic

INCLUDED EXCLUDED INCLUDED EXCLUDED
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Design and Engineering of Foundation Demolition (Existing Structures) Reactions and Loads for attachment to Walls, Rooftops, or Other Payment and Performance Bonds Foundation Location and Elevation Survey Special Inspection Fees Permit Fee Fencing
DSA Submittal & Fees water and Electrical
Design and Engineering of Structure Landscape Repair

INCLUSIONS / EXCLUSIONS

ENGINEERING REQUIREMENTS INSTALLATION - MISCELLANEOUS
Sealed Drawings & Calculations Prevailing Wage / Certified Payroll Permit Submittal Union Wages
USA SHADE reserves the right to implement a surcharge for significant increases in raw materials, including the following, but not limited to: fuel, steel , fabric, and concrete. Proposal pricing is only valid for 15 days to the fluctuation in pricing. Due to recent significant increases experienced in raw steel and fabric materials, it may be necessary to order, invoice, and receive payments for steel and fabric as soon as final sizing can be determined.

ENGINEERING REQUIREMENTS NOTES
Building Code
If Bonds are needed please add 2.5%
Wind Load
Snow Load
Drawing Size
No. of Sealed Drawings
Calculations Required
Engineering $14,225.72 Pricing Terms above subject to credit approval
Installation $57,906.29
TOTAL PRICE $128,294.48
SUBTOTAL $51,643.65 (4) Other (specify):

Sales Tax (8.75%) $4,518.82 NOTES:

Accessories/Miscellaneous (2) Upon delivery of Unit(s)
Shipping/Handling
*subject to market fluctuation $5,579.89 (3) Upon completion of assembly/installation TOTAL FOR ACCESS/MISC ITEMS:

PRICINGTOTALS: PAYMENT TERMS:

Unit Total $46,063.76 (1) Upon execution of the Agreement (Deposit) ACCESS/MISC.

ITEM DETAILS

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Attachment: USA Shade Proposal - Mistletoe Park (Outdoor Fitness Court Shade Sails) 1)
2)
3)
4)
Proposal: The above proposal is valid for 15 days from the date first set forth above. After 15 days, we reserve the right to increase prices due to the rise in cost of raw materials, fuel, or other cost increases. When applicable, USA SHADE & Fabric Structures reserves the right to implement a surcharge for significant increases in raw materials, including, but not limited to; fuel, steel, and concrete. Due to the duration of time between proposals, contracts, and final installation, USA SHADE & Fabric Structures reserves the right to implement this surcharge, when applicable.

Purchase: By executing this proposal, or submitting a purchase order pursuant to this proposal (which shall incorporate the terms of this agreement specifically by reference) which is accepted by USA SHADE & Fabric Structures (the “Company”), the purchaser identified above (“you” or the “Purchaser”) agrees to purchase Shade Structures brand shade structures (“Structures”) and the services to be provided by the Company, as detailed in the “Structure Pricing” and “General Scope of Work” sections of this agreement, above, or in the relevant purchase order accepted by the Company, for use by Purchaser or for installation by Company or Purchaser on behalf of a third-party who will be the ultimate owner of the Structures (the ultimate owner of a Structure, whether Purchaser or a third-party, being the “Owner”).

Short Ship Claims: Purchaser has 15 days from receipt of the structures to file a short ship report in writing to its sales representative. Company will not honor claims made after this time.

Standard Exclusions: Unless specifically included under the “General Scope of Work” section above, this agreement does not include, and Company will not provide, services, labor, or materials for any of the following work: (a) removal and disposal of any materials containing asbestos or any hazardous materials as defined by the EPA; (b) moving Owner’s property around the installation site; (c) repair or replacement of any Purchaser or Owner-supplied materials; (d) repair of concealed underground utilities not located on prints supplied to Company by Owner during the bidding process, or physically staked out by Owner, and which are damaged during construction during normal course of construction. 6) Barricades and public security requirements are not included. 7) Unless specifically included in this proposal, this agreement does not include, and Company will not provide, services, labor, or materials for any of the following work: (a) removal and disposal of any materials containing asbestos or any hazardous materials as defined by the EPA; (b) moving Owner’s property around the installation site; (c) repair or replacement of any Purchaser or Owner-supplied materials; or (d) repair of damage to existing surfaces that may occur when construction equipment and vehicles are being used in the normal course of construction. 8) Pricing for foundation design is based on drilled pier footings. In the event the geotechnical report requires an alternate configuration, any additional costs incurred will be submitted to the client by a Change Order. 9) Digging of our foundations will not be constrained by any existing concrete or utilities. USA SHADE will not be responsible for moving or repairing any underground utility lines such as electrical, telephone, gas, water, or sprinkler lines that may be encountered during installation. 10) Any additional costs incurred as a result of hard rock conditions requiring extra equipment, utility removal or repair, resulting in delay, will result in additional charges unless they are detailed on as-built site drawings provided to USA SHADE or marked on the ground and communicated to USA SHADE in writing prior to installation.

GENERAL TERMS & CONDITIONS AND WARRANTY
Construction Assumptions
1) The designated area for our structures will be accessible by drive-up for unloading of our trucks and equipment, including personnel man-lifts, forklifts, etc. Should a crane be required and direct access not available, additional costs for such will be submitted by a Change Order. 2) Our pricing is based on the ability to perform all of our work with clear, sequential, and continuous access without interruption during normal daytime working hours. We have assumed one mobilization for the installation of foundations, steel and fabric; if additional mobilizations are required, there will be an additional charge. We will require exclusive access to the area for our work during the construction process. 3) Our pricing does not include daily site delays accessing the work areas. USA SHADE will submit a Change Order for any delays caused by other trades which interfere or cause us to stop working.
4) We will require site sanitary facilities and refuse containers by others within 200 feet of our work. 5) USA SHADE will leave its work and materials in a clean condition at the conclusion of our work. www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533

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Attachment: USA Shade Proposal - Mistletoe Park (Outdoor Fitness Court Shade Sails) 5)
6)
7)
8)
9)
10)
11)
12)
13)
Concealed Conditions: ”Concealed conditions” include, without limitation, water, gas, sprinkler, electrical and sewage lines, post tension cables, and steel rebar. This agreement is based solely on observations the Company was able to make either by visual inspection or by drawings and/or plans submitted by Owner at the time this agreement was bid. If additional Concealed Conditions are discovered once work has commenced, which were not visible at the time this proposal was bid, Company will stop work and indicate these unforeseen Concealed Conditions to Purchaser or Owner so that Purchaser and Company can execute a Change Order for any additional work. In any event, any damage caused by or to unforeseen Concealed Conditions is the sole responsibility of the Purchaser and Company shall not be held liable for any such damage. Soil conditions are assumed to be soil that does not contain any water, hard rock (such as limestone, caliche, etc.), rocks larger than 4 inches in diameter, or any other condition that will require additional labor, equipment and/or materials not specified by the Purchaser or Owner in the bidding process. Any condition requiring additional labor, equipment, and/or materials to complete the drilling or concrete operations will require a Change Order before Company will complete the process. Price quotes are based on a drilled pier footing. Any variation will incur additional charges (i.e. spread footings, concrete mat, sand, water, landfill, etc.). Costs for footing and installation do not include any allowance for extending below frost lines (the additional costs for which vary by geographical region).

Changes in the Work: During the course of this project, Purchaser may order changes in the work (both additions and deletions). Additionally, an approving agency may require changes in the work from the original design or engineering quoted and provided by the Company (both additions and deletions.) The cost of these changes will be determined by the Company, and a Change Order form must be completed and signed by both the Purchaser and the Company, which will detail the “General Scope of the Change Order”. Should any Change Order be essential to the completion of the project, and the Purchaser refuses to authorize such Change Order, then Company will be deemed to have performed its part of the project, and the project and services will be terminated. Upon such termination, Company will submit a final billing to Purchaser for payment, less a labor allowance for work not performed but including additional charges incurred due to the stoppage. No credit will be allowed for materials sold and supplied, which will remain the property of the Purchaser.

Insurance Requirements: Company is not required to provide any insurance coverage in excess of Company’s standard insurance. A copy of the Company’s standard insurance is available for your review prior to acceptance of the Company’s proposal.

Payment: Terms of payment are defined in the “Pricing Details” section and are specific to this contract. For purposes of this agreement, “Completion” is defined as being the point at which the Structure is suitable for its intended use, the issue of occupancy consent, or a final building department approval is issued, whichever occurs first. Progress billing and payment will be required. All payments must be made to Shade Structures, Inc., P.O. Box 734158, Dallas, TX 75373-4158. Company may use all remedies available to it under current laws including, but not limited to, filing of liens against the property and using a collection agency or the courts to secure the collection of the outstanding debt.

Lien Releases: Upon request by Owner, Company will issue appropriate partial lien releases as corresponding payments are received from Purchaser, but prior to receiving final payment from Purchaser or Owner. Company will provide a full release of liens upon receipt of final payment. In accordance with state laws, Company reserves the right to place a lien on the property if final payment has not been received 10 days prior to the filing deadline for liens.

Site Plan Approval, Permit/s, Permit Fees, Plans, Engineering Drawings, and Surveying: Site plan approval, permits, permit fees, plans, engineering drawings, and surveying are specifically excluded from this agreement and the Services unless specified under the “General Scope of Work”. The Company does not in any way warrant or represent that a permit or site plan approval for construction will be obtained. Sealed engineered drawings that are required but not included in the “General Scope of Work” will result in an additional cost to Purchaser.

Manufacturing & Delivery: Manufacturing lead-time from Company’s receipt of the “Notice To Proceed” is approximately 6 to 8 weeks for standard structures, and 8 to 12 weeks for custom structures. Delivery is approximately 1 week thereafter. Delivery of structures may be prior to or at start of assembly. Please note that these timelines do not include approval or permitting timeframes.

Returned Product, Deposits, and/or Cancelled Order: Within the first 45 days after shipment from our facility, all returned product(s) and cancelled orders are subject to a 50% restocking fee. No returns are available following this 45 day period. All deposits are non-refundable. All expenses incurred (engineering, site surveys, shipping, handling, etc.) are the responsibility of the Purchaser, up to notice of cancellation.

Bonding Guidelines: If Purchaser will use or provide the Structures and Services for an Owner other than Purchaser (including, without limitation, as a subcontractor of Purchaser), Purchaser will include the following statement in Purchaser’s contract with Owner:
“The manufacturer’s warranty for the Shade Structures brand shade structures is a separate document between USA SHADE & Fabric Structures and the ultimate owner of the Shade Structures brand shade structures, which will be provided to the ultimate owner at the time of completion of the installation and other services to be provided by USA SHADE & Fabric Structures. Due to surety requirements, any performance and/or payment bond will cover only the first year of the USA SHADE & Fabric Structures warranty.” www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533

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Attachment: USA Shade Proposal - Mistletoe Park (Outdoor Fitness Court Shade Sails) 14)
15)
•
•
•
•
• Sewing thread is warranted for ten years.

All steel surface finishes are warranted for one year.

Shadesure™, Colourshade® FR, eXtreme 32™, Commercial 95™, SaFRshade™, and Monotec 370™ fabrics all carry a ten year limited manufacturer’s warranty against failure from significant fading, deterioration, breakdown, outdoor heat, cold, or discoloration. Should the fabric need to be replaced under the warranty, the Company will manufacture and ship a new replacement fabric at no charge for the first six years, thereafter pro-rated at 20% per year over the remaining four years. The following are exceptions to the preceding warranty terms:
o Shadesure™ fabrics in Red, Yellow, Atomic Orange, Electric Purple, Zesty Lime, Cinnamon, Olive, and Mulberry carry a five year pro-rated o Fabric tops attached to Coolbrella™ structures carry a three year warranty; o Individual fabric tops measuring greater than 40’ in length are covered by a non-prorated five year warranty; o Precontraint 502™ waterproof membrane is subject to an eight year pro-rated warranty.

Indemnification: To the fullest extent permitted by law, Purchaser shall indemnify, defend, and hold harmless the Company and its consultants, agents, and employees or any of them from and against claims, damages, losses and expenses, including, but not limited to, attorneys’ fees related to the installation of the Structure or performance of the services, provided that such claim, damage, loss, or expense is attributable to bodily injury to, sickness, disease, or death of a person, or to injury to or destruction of tangible property, but only to the extent caused by the negligent acts or omissions of the Purchaser or its agents, employees, or subcontractors, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in Section 15.

Statement of Limited Warranty:

The structural integrity of all supplied steel is warranted for ten years.

If assembly is provided by the Company, workmanship of the structure is covered for one year, including labor for the removal of any failed part, disassembly (if necessary), cost of shipping, and reassembly. www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533

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Attachment: USA Shade Proposal - Mistletoe Park (Outdoor Fitness Court Shade Sails) •
•
•
•
•
•
•
•
•
•
•
Commercial 95™ and SaFRshade™ are registered trademarks of Gale Pacific USA Inc.

Monotec 370™ is a registered trademark of PRO-KNIT Industries Pty. Ltd.

Precontraint 502™ is a registered trademark of Serge Ferrari North America, Inc. o workmanship related to assembly not provided by the Company or its agents; o fabric curtains, valances, and flat vertical panels;
o fabric tops installed on structures that were not engineered and originally supplied by the Company.

THE COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, LIQUIDATED, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS

OF REVENUE, PROFIT, USE OR GOODWILL, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, ARISING

OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT OR SERVICE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE FOR ANY PRODUCT OR SERVICE PROVIDED BY THE COMPANY.

THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR THE COMPANY’S PRODUCTS AND SERVICES, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT. SELLER SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE OR TRADE USAGE. PURCHASER, BY ACCEPTANCE AND USE OF THIS

LIMITED WARRANTY, WAIVES ANY RIGHTS IT WOULD OTHERWISE HAVE TO CLAIM OR ASSERT THAT THIS LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.

Colourshade ® and eXtreme 32™ are registered trademarks of Multiknit Pty. Ltd.

These limited warranties do not cover defects and/or damages caused by:
o normal wear and tear;
o misuse, willful or intentional damage, vandalism, contact with chemicals, cuts and Acts of God (i.e. tornado, hurricane, micro/macros burst, earthquake, wildfires, etc.);
o ice, snow or wind loads in excess of the designed load parameters engineered for the supplied structures; o use, maintenance, neglect, repair, and/or service inconsistent with the Company’s written care and maintenance instructions, provided with the order.

The limited warranties explicitly exclude:

All warranty claims covering Company supplied structures, products, and services must be submitted by Purchaser or Owner in writing to the Company within thirty days from the date of discovery of the alleged defect and must include a detailed description and applicable photographs of the alleged defect or problem. Warranty claims should be submitted by email to [email protected].

Purchaser or Owner agrees that venue for any court action to enforce these limited warranties shall be in the City or County of Dallas in the State of Texas, USA.

These limited warranties are void if:
o the supplied structures, products, services and/or labor are not paid for in full; o the structures are not assembled in strict compliance with USA SHADE specifications; o any changes, modifications, additions, or attachments are made to the structures in any way, without prior written approval from the Company.

Specifically, no signs, objects, fans, light fixtures, etc. may be hung from the structures, unless specifically engineered by the Company.

General Limited Warranty Terms and Conditions
These limited warranties are effective from the date of sale, or, if assembly is provided by the Company, upon receipt by Company from Purchaser of a completed and signed “Customer Checklist and Sign-off” form.

In its sole discretion, the Company will repair and or/replace defective structures, products or workmanship, or refund that portion of the price related to the defective product, labor, or service rendered.

The Company reserves the right, in cases where certain fabric colors have been discontinued, to offer the Purchaser or Owner a choice of available alternative colors to replace the warranted fabric. The Company does not guarantee that any particular color will be available for any period of time, and reserves the right to discontinue any color for any reason, without recourse by the Purchaser or Owner of the discontinued fabric color.

Should the Purchaser or Owner sell the structures to another party, the warranty cannot be transferred to the new owner without a complete and thorough on-site inspection performed by a Company representative. Please contact the Company at [email protected] for more details. www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533

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Attachment: USA Shade Proposal - Mistletoe Park (Outdoor Fitness Court Shade Sails) 16) Assembly/Installation:
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26) Assignment: Purchaser may not assign this agreement, by operation of law or otherwise, without the prior written consent of Company. The agreement shall be binding upon and insure to the benefit of the Company and the Purchaser, and their successors and permitted assigns.

Delegation: Subcontractors: The services and the manufacturing and assembly of the structures may be performed by subcontractors under appropriate agreements with the Company.

Force Majeure: Impracticability: The Company shall not be charged with any loss or damage for failure or delay in delivering or assembling of the structures when such failure or delay is due to any cause beyond the control of the Company, due to compliance with governmental regulations or orders, or due to any Acts of God, strikes, lockouts, slowdowns, wars, or shortages in transportation, materials or labor.

Dispute Resolution: Any controversy or claim arising out of or related to this agreement must be settled by binding arbitration administered in Dallas, TX by a single arbitrator selected by the parties or by the American Arbitration Association, and conducted in accordance with the construction industry arbitration rules. Judgment upon the award may be entered in any court having jurisdiction thereof.

Entire Agreement; No Reliance: This agreement represents and contains the entire agreement between the parties. Prior discussion or verbal representations by the parties that are not contained in this agreement are not part of this agreement. Purchaser hereby acknowledges that it has not received or relied upon any statements or representations by Company or its agents which are not expressly stipulated herein, including without limitation any statements as to the structures, warranties, or services provided hereunder.

No Third-Party Beneficiaries: This agreement creates no third-party rights or obligations between Company and any other person, including any Owner who is not also a Purchaser. It is understood and agreed that the parties do not intend that any third party should be a beneficiary of this agreement.

Governing Law: The agreement will be construed and enforced in accordance with the laws of the State of Texas.

If the requested services require Company access to Owner’s premises, Company will be provided access to the Owner’s premises free and clear of debris, automobiles, or other interference Monday ~ Friday during the hours of 8:00am to 6:00pm, and Company will have access to water and electrical facilities during installation. Additional charges will apply if utilities are not easily accessible. Where applicable, all vehicles will be moved prior to Company’s crew beginning any installation.

Company will not be responsible for moving or repairing any underground utility lines such as electrical, telephone, gas, water, or sprinkler lines that may be encountered during installation.

Any additional costs incurred as a result of hard rock conditions requiring extra equipment, utility removal or repair resulting in delay will result in additional charges unless they are detailed on as-built site drawings provided to Company or marked on the ground and communicated to Company in writing prior to fabrication and installation.

Installation/Assembly on-site: Where installation/assembly is part of the services, Purchaser must provide the Company with a detailed drawing prepared by or for the Owner showing exactly where the structures are to be assembled as well as detailing any obstacles or other impediments that may cause the assembly process to be more difficult. Any fixture(s), e.g., playground, pools, etc., that the structures are to be assembled over must also be detailed, along with their peak heights (if applicable).

Site/Use Review by Purchaser: Company relies on the Purchaser to determine that the structures ordered are appropriate and safe for the Owner’s installation site and/or intended use. Company is not responsible for damages or injuries resulting from collisions by moving objects or persons with the structure post(s). Company can recommend, or supply at additional cost, padding for posts from a third party manufacturer.

Preparatory Work: Where installation/assembly is part of the services and in the event that the foundation or job site is not suitable or ready for assembly to begin on the scheduled day, a Delay of Order notification must be sent to Company at least 4 working days prior, in order to allow Company to reschedule the project. In the event that Company is not notified and incurs an expense in attempting to execute the assembly, a re-mobilization charge may be charged to Purchaser before Company will reschedule the assembly.

Company will notify Purchaser of the scheduled assembly date. Owner agrees to have an owner representative meet the assembly crew at the job site on the scheduled assembly date to verify the exact location where the structure(s) is to be placed.

Labor for the removal, assembly, and/or freight charges will only be covered by Company in instances where the structures supplied and installed by Company are determined by the Company to be defective. In all cases where structures are not installed by Company, all labor for the removal, assembly, and/or freight of the structures will be the Purchaser’s responsibility.

Installation prices are based on a single mobilization charge. If additional mobilizations are required, there will be additional charges. www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533

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Attachment: USA Shade Proposal - Mistletoe Park (Outdoor Fitness Court Shade Sails) PURCHASER: SELLER:

City of San Jacinto Shade Structures, Inc. DBA USA Shade Signature: Signature:

By: (Print) By: (Print)
Title: Title:

Date: Date:

Executed to be effective as of the date executed by the Company:

NOTE: FOR ANY PURCHASE EQUAL TO OR EXCEEDING $100,000.00 USD, NO WORK, OTHER THAN PRE-WORK, SHALL BE UNDERTAKEN WITHOUT A MUTUALLY ACCEPTABLE AND SIGNED CONSTRUCTION CONTRACT.

NOTE: All purchase orders and contracts should be drafted in the name of Shade Structures, Inc.
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533

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Attachment: USA Shade Proposal - Mistletoe Park (Outdoor Fitness Court Shade Sails) plan view
perspective
elevation
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option 1 Mistletoe Park, City of San Jacinto
con-mar-018-23 by: AZR 03.07.23
45'-0" 45'-0"
14'
18'
3 0
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9 "
2 4
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6 "

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Attachment: Project Rendering (Outdoor Fitness Court Shade Sails) 24438.00000\29878482.3

CITY OF SAN JACINTO

SHORT FORM CONSTRUCTION CONTRACT
[***INSERT PROJECT NAME***]

1. PARTIES AND DATE.

This Contract is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***] by and between the City of San Jacinto, a municipal corporation organized under the laws of the State of California with its principal place of business at 595 South San Jacinto Avenue, San Jacinto, California 92583, County of Riverside, State of California (“City”) and [***INSERT NAME***], a [***INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing [***INSERT DESCRIPTION OF PROJECT WORK***] related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: [***INSERT LICENSE CLASSIFICATIONS***]

2.3 Project. City desires to engage Contractor to render such services for the [***INSERT PROJECT NAME***] (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: [***INSERT ADDITIONAL DOCUMENTS IF APPLICABLE TO THIS CONTRACT***]
 Services/Schedule (Exhibit “A”)
 Plans and Specifications (Exhibit “B”)
 Special Conditions (Exhibit “C”)
 Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”)  Public Works Contractor Registration Certification (Exhibit “E”)

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2  Payment and Performance Bonds (Exhibit “F”)
 Federal Requirements (Exhibit “G”)
 Addenda
 Change Orders executed by the City
 [***INSERT EDITION***] Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9  Notice Inviting Bids, if any
 Instructions to Bidders, if any

3.1.1 Precedence. To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with

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3 substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within [***INSERT NUMBER OF CALENDAR OR WORKING DAYS***] days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of [***INSERT LIQUIDATED DAMAGES AMOUNT***] ($__________) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract 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. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them.

Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the

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4 Work, including any required Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below-referenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of _________________ Dollars ($_________.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

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5 3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by the City to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract.

Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City, which provides that no portion of the securities shall be paid to Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City shall certify that the Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined in Section 7107(c) of the California Public Contract Code. Securities eligible for investment under this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings & loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor.

3.7.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in

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6 Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

3.7.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances.

Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.9 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.8 Labor

3.8.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract.

Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.8.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

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7 3.8.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.8.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the DIR on a weekly basis and in the format prescribed by the DIR, which may include electronic submission.

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.8.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.8.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop

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8 orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.9 Performance of Work; Jobsite Obligations.

3.9.1 Water Quality Management and Compliance.

3.9.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.9.1.2 Compliance with the Statewide Construction General Permit.

Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”).

It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.9.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.9.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.

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9 3.9.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.9.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.9.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.9.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.9.1 as they may relate to the Work provided under this Contract. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.9.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.9.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be

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10 made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.9.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.9.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.9.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.9.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed

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11 liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.9.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract.

3.9.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work.

Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters.

3.9.11 Field Measurements. Contractor shall make field
measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.

3.10 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.11 Claims; Government Code Claim Compliance.

Contractor shall timely comply with any and all requirement of the Contract pertaining to notices and requests for changes to the Contract Time or Total Contract Price as a prerequisite to filing any claim governed by this Section. The failure to timely submit a notice of delay or

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12 notice of change, or to timely request a change to the time for completion or Contractor’s compensation, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law.

3.11.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.11.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor for:

3.11.2.1 An adjustment to the time for completion including, without limitation, for relief from damages or penalties for delay assessed by City;

3.11.2.2 Payment by City of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or

3.11.2.3 An amount the payment of which is disputed by City.

A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract.

3.11.3 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than thirty (30) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” The Claim shall include the all information and documents necessary to substantiate the Claim, including but not limited to those identified below. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent proceedings for compensation or payment thereon.

3.11.4 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.11.4.1 Summary description of Claim including basis of entitlement, merit and amount of time or money requested, with specific reference to the Contract provisions pursuant to which the Claim is made

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13 3.11.4.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.11.4.3 Chronology of events and correspondence

3.11.4.4 Narrative analysis of Claim merit

3.11.4.5 Analysis of Claim cost, including calculations and supporting documents

3.11.4.6 Time impact analysis in the form required by the Contract, or if the Contract does not require a particular format, CPM format, if an adjustment of the Contract Time is requested

3.11.4.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the Claim subject to design errors or omissions and shall obtain a certificate of merit in support of the Claim of design errors and omissions.

3.11.4.8 Cover letter and certification of validity of the Claim, including any Claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.

3.11.5 City’s Response. Upon receipt of a Claim pursuant to this Section, City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement.

3.11.5.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.11.5.2 Within 30 days of receipt of a Claim, City may request in writing additional documentation supporting the Claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.

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14 3.11.5.3 City’s written response to the Claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.11.6 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.11.7 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the Parties agree to select a mediator at a later time.

3.11.7.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.11.7.2 For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section.

3.11.7.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this Section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.11.7.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.

3.11.8 Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Contractor submits its written Claim until the time the claim is

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15 denied, including any period of time utilized by the meet and confer conference or mediation.

3.11.9 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:

3.11.9.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 days by both Parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.11.9.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.11.9.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any Party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other Party.

3.11.10 Government Code Claim Procedures.

3.11.10.1 This Section does not apply to tort claims and nothing in this Section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.

3.11.10.2 In addition to any and all Contract requirements pertaining to notices of and requests for adjustment to the Contract Time, Total Contract Price, or compensation or payment for extra work, disputed Work, construction claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City.

3.11.10.3 Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time or Total Contract Price for extra Work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with the Government Code claim procedure or the prerequisite Contract requirements, Contractor may not file any action against the City.

3.11.10.4 A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the

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16 Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.

3.11.11 Non-Waiver. City’s failure to respond to a Claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this Section.

3.12 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section

3.18.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.13 Indemnification.

3.13.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.13.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees.

Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in

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17 connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.14 Insurance. [***CITY RISK MANAGER TO REVIEW TO DETERMINE WHETHER LIMITS AND COVERAGE REQUIREMENTS ARE ACCEPTABLE; FOR EXAMPLE, WHETHER BUILDERS’/ALL RISK INSURANCE IS NECESSARY***]

3.14.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.14.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.14.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City).

Policies shall not contain exclusions contrary to this Contract.

3.14.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability:
$1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.14.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is

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18 cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract.

3.14.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.14.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or selfinsurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.14.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.14.3.3 Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.14.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt

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19 requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.

3.14.4 Builders’/All Risk Policy Requirements. The builders’/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City.

3.14.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and volunteers.

3.14.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence.

Defense costs shall be paid in addition to the limits.

3.14.7 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.14.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.14.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences.

The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.14.10 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

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20 3.14.11 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.15 Bond Requirements.

3.15.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City.

If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.15.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.15.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City.

If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.15.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.16 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the

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21 City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.17 Employee/Labor Certifications.

3.17.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.17.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.17.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors comply with the same.

3.18 General Provisions.

3.18.1 City’s Representative. The City hereby designates the [***INSERT NAME], or his or her designee, to act as its representative for the

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22 performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.18.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site.

Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.18.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.18.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.18.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the

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23 time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.18.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:
[***INSERT CONTRACTOR NAME AND ADDRESS***]
ATTN: [***INSERT CONTRACTOR REP. NAME AND TITLE***]
CITY:

CITY OF SAN JACINTO
595 SOUTH SAN JACINTO AVENUE
SAN JACINTO, CA 92583
ATTN: [***INSERT NAME AND TITLE***]
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.18.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.18.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.18.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.18.10 Laws, Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Riverside, State of California.

3.18.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.18.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

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24 3.18.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.18.14 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.18.15 Certification of License.

3.18.15.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.18.15.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

3.18.16 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.18.17 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.18.18 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.

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25 3.18.19 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects.

3.18.20 Federal Provisions. [***INCLUDE THIS SECTION ONLY IF APPLICABLE; DELETE OTHERWISE AND DELETE ASSOCIATED EXHIBIT. YOU

MAY ALSO NEED TO INCLUDE SOME INFORMATION IN THE RFP DUE TO FEDERAL FUNDING GUIDELINES. CONSULT LEGAL COUNSEL IF
NECESSARY***]When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “G” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Contract and/or the provisions of state law, the more stringent requirement shall control. [Signatures on Next Page]

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26 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF SAN JACINTO
AND [***INSERT CONTRACTOR NAME***]
IN WITNESS WHEREOF, the Parties have entered into this Contract as of the [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***].

CITY OF SAN JACINTO
By:
[INSERT NAME]
[INSERT TITLE]
ATTESTED:

By:

City Clerk
APPROVED AS TO FORM:

By:

City Attorney
[***INSERT NAME OF CONTRACTOR]
[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number

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A-1
EXHIBIT “A”

SERVICES / SCHEDULE
[***INSERT SCOPE OF SERVICES***]

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B-1
EXHIBIT “B”

PLANS AND SPECIFICATIONS
[***INSERT ALL PLANS AND SPECS***]

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C-1
EXHIBIT “C”

SPECIAL CONDITIONS
[***(READ AND DELETE THIS BLOCK BEFORE USING MODEL): PUBLIC WORKS PROJECTS OF MORE THAN $25,000 WILL REQUIRE PAYMENT BONDS BY LAW. WHERE

A PAYMENT BOND IS REQUIRED, WE RECOMMEND REQUIRING A PERFORMANCE

BOND AS WELL - INSERT FOLLOWING IF PAYMENT AND/OR PERFORMANCE BONDS REQUIRED – OTHERWISE DELETE AND RENUMBER***]
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price. [***INSERT ADDITIONAL SPECIAL CONDITIONS USING ABOVE FORMAT***]

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D-1
EXHIBIT “D”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract. [***INSERT CONTRACTOR NAME***]
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)

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E-1
EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:

DIR Registration Number:

DIR Registration Expiration:__________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:

1. Contractor shall maintain a current DIR registration for the duration of the project.

2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor:___________________
Signature:

Name and Title:

Dated:

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”

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F-1
EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS
[***IF NO BOND REQUIREMENTS ARE REQUIRED, REMOVE BONDS AND INSERT “NOT APPLICABLE”]

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F-2

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of San Jacinto (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, 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 and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, 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 shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:

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F-3
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable.

The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable.

The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed 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 to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title

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F-4
(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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F-5
Notary 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 ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

4.2.c
Packet Pg. 102 Attachment: San Jacinto - Model Short Form Construction Contract (Outdoor Fitness Court Shade Sails) 24438.00000\29878482.3
F-6

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of San Jacinto (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement

4.2.c
Packet Pg. 103 Attachment: San Jacinto - Model Short Form Construction Contract (Outdoor Fitness Court Shade Sails) 24438.00000\29878482.3
F-7
pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

4.2.c
Packet Pg. 104 Attachment: San Jacinto - Model Short Form Construction Contract (Outdoor Fitness Court Shade Sails) 24438.00000\29878482.3
F-8
Notary 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 ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

4.2.c
Packet Pg. 105 Attachment: San Jacinto - Model Short Form Construction Contract (Outdoor Fitness Court Shade Sails) 24438.00000\29878482.3
G-1
EXHIBIT “G”

FEDERAL REQUIREMENTS
[***(READ AND DELETE THIS BLOCK BEFORE USING MODEL): IF THERE ARE FEDERAL

REQUIREMENTS AS A RESULT OF FEDERAL FUNDING ON THE PROJECT, INSERT THEM HERE. IF NO FEDERAL FUNDING INSERT “NOT APPLICABLE”***]

4.2.c
Packet Pg. 106 Attachment: San Jacinto - Model Short Form Construction Contract (Outdoor Fitness Court Shade Sails) April 4, 2023
TO: City Council
REQUESTED BY: Travis Randel, Deputy City Manager, Development Services APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Main Street & San Jacinto Avenue Mural Projects RECOMMENDATION:

Staff recommends that the City Council approve the mural installations; authorize the City Manager to initiate necessary contracts, subject to minor modifications by the City Attorney, for the Main Street and San Jacinto Avenue Mural Installations in the amount not to exceed $100,000 dollars; and appropriate an additional $25,000 from the DIF: Community Amenities Fund.

DISCUSSION:

On September 29, 2018, the City put on the go human event, Envision San Jacinto, in partnership with the Southern California Association of Governments. Envision San Jacinto brought the community together to experience a temporary pedestrian plaza on Main Street and test out safety improvements. The event featured improvements, including nine creative crosswalks designed by San Jacinto Unified School District (SJUSD) students, a parklet by Riverside University Health System-Public Health, interactive chalk art by Mount San Jacinto College Art Club, curb extensions, place-making, and play features. The event also included a mural by SJUSD, a bike rodeo, and exercise demonstrations from local studios. During the event, community feedback was collected, and the top desired walking improvement in downtown (Main Street) was for there to be vibrant things to see and do. Murals, like the two being presented, fulfill the desires of the community. Murals area simple way to add vibrance and create a sense of place for individuals who live in or visit the area.

On June 16, 2020, the City Council approved Ordinance No. 20-07, establishing an Art in Public Places Program. The purpose of the Art in Public Places ordinance is to develop and maintain a visual arts program for the residents and visitors of San Jacinto, to add to the economic vitality of the community, and to enhance the environment and unique character of San Jacinto by providing for the acquisition and maintenance of quality works of public art.

In July of 2020, the City launched its Community Outreach Program “Ignite San Jacinto” to focus on the “three (3) Bs”: Be Healthy, Be Well, Be San Jacinto. Staff developed and launched the City’s Ignite San Jacinto webpage, and worked to gain the approval of the HEAL (Healthy Eating Active Living) Resolution by the City Council. One of the most recent projects that was a direct result of an Ignite San Jacinto and Art in Public Places collaboration is the creation of the Community Garden and Mural at Sallee Park.

4.3 Packet Pg. 107
Continuing to build on the Be San Jacinto component of Ignite San Jacinto, which focuses on the built environment and quality of life, and incorporate the City’s Art in Public Places Program, staff has been working to bring murals to Main Street and the surrounding area. Staff has had the opportunity to work again, with local artist Alberto Ahumada, the same artist who designed and installed the Community Garden Mural at Sallee Park.

Mr. Ahumada, grew up in San Jacinto and is a graduate of San Jacinto High School. He still resides with his family in the valley, where he owns and operates the business, Onextreme. Mr.

Ahumada has 20 years of professional experience. He has created artwork for private collectors, worked on some of the world’s most expensive mansions, has worked for his home school district, SJUSD, other neighboring districts in Riverside County, and in the Los Angeles Unified School District.

The murals for this project are proposed to be installed on the exterior walls of the buildings located at 195 E Main Street and 601 S San Jacinto Avenue. Staff has been working with and secure agreements with the property owners of both locations, and they are extremely supportive and excited about the potential project. The City will enter into separate mural access agreements with the individual property owners, which will require access to the buildings for the installation, care, and maintenance of the murals. The length of the Agreements will be for a ten (10) year period.

Included in the cost of installing each mural is the cost to apply the new plaster surface on the intended building wall for the mural. In showing support for this project and his dedication to bring art to San Jacinto, Mr. Ahumada has graciously donated his time, labor, and artwork for one of the murals to the City at an estimated cost to him of $25,000. The mural installations will take approximately ten (10) weeks to complete, including a three (3) week cure time for the plaster.

Mural installation is projected to start in mid-April.

FISCAL IMPACT:

Staff is requesting that the City Council appropriate an additional $25,000 from the DIF:

Community Amenities Fund, account #131-2510-425.40-22. The remaining funds were included in the approved fiscal year 2022/2023 budget: General Fund #010-1200-412.34-05 ($50,000); and DIF: Art in Public Places Fund #132-2510-425.40-22 ($25,000). The total project cost is not to exceed $100,000.

ATTACHMENTS:

Onextreme Proposal
Mural Contract
San Jacinto - Mural Access Agreement
195 E Main Mural Design
601 S San Jacinto Mural Design

4.3 Packet Pg. 108

ONEXTREME
435 W Esplanade Ave
Hemet, CA 92543 US
+1 9512018676
[email protected]
Estimate

ADDRESS

CITY OF SAN JACINTO
195 MAIN STREET MURAL
PROJECT and 601 S San
Jacinto ave MURAL PROJECT
ESTIMATE # 1695
DATE 03/15/2023

QTY RATE AMOUNT
Sales
artist concept and renderings: Artist to render out idea and give a
detailed concept allow for changes with City Council and City staff direction. FOR 195 MAIN ST MURAL PROJECT
1 56,500.00 56,500.00

2.Surface preparation: 2 LOCATIONS 195 MAIN ST (16' 6" h X 51' w) AND 601 S San Jacinto ave (15' 9" h X 70' w)

EXISTING WALLS ARE NOT READY FOR

DETAILED LARGE SCALE MURALS
THIS WALL WOULD NEED TO wire mesh wood window areas

PREPPED/MESHED/SCRATCH COAT/BROWN
COAT/SMOOTH PLASTER COAT APPROXIMATELY 1,959
SQFT
COST: $25,500 please see line item below.

3.HIGH GRADE PRIMER ON THE NEW SMOOTH PLASTER,
ALL PAINT MATERIALS, 100% ARTIST ACRYLIC, AIR
EQUIPMENT, SCAFOLDING , scissor lifts, LADDERS , ARTIST

LAYOUT,
ARTWORK CREATION AS PER APPROVED RENDERING.

ARTIST TO EXECUTE HIGH QUALITY ART FOR THE

COMMUNITY USING THE BEST QUALITY MATERIALS AND
AMAZING ATTENTION TO DETAIL.

4. ANTI-Graffiti coating will be applied to the finish mural. this coating will last up to 4-6 pressure washes then must be reapplied.

5.timeline : 3 weeks for plaster with cure time .1 month to start and finish mural. with weather permitting 7-8 weeks for completion.

6. Budget will not go over the estimated cost.

7. I Alberto Ahumada will be available to Attend meetings with City staff as necessary.

8.I alberto Ahumada Comply with Federal, state, and local rules and regulations related to prevailing wage;

4.3.a
Packet Pg. 109 Attachment: Onextreme Proposal (Main Street & San Jacinto Avenue Mural Projects)

QTY RATE AMOUNT
Abide by all requirements of the artist's contract with the City; Maintain minimum Insurance.

Sales
Sales
Surface preparation: 2 LOCATIONS 195 MAIN ST (16' 6" h X 51' w) AND 601 S San Jacinto ave (15' 9" h X 70' w)

EXISTING WALLS ARE NOT READY FOR DETAILED LARGE

SCALE MURALS

THIS WALL WOULD NEED TO

PREPPED/MESHED/SCRATCH COAT/BROWN
COAT/SMOOTH PLASTER COAT APPROXIMATELY 1959
SQFT for both locations
COST: $25,500
*once this process is complete we will bill for this amount of $25,500
1 25,500.00 25,500.00
Sales
601 S San Jacinto ave (15' 9" h X 70' w) LABOR ,ARTWORK

MURAL TO BE DONATED
please see discount below
1 25,000.00 25,000.00
Sales
materials for 601 S San Jacinto ave (15' 9" h X 70' w) MURAL MATERIAL / EQUIPMENT COST / assistant labor
*once this process is complete we will bill for this amount of $6,200 plus tax
1 6,200.00 6,200.00T
Sales
remove and replace existing damaged AND MISSING down
spouts to existing leaderheads with new aluminum gutter drains 1 at 1° and the 2nd location at 2° INCLUDES DOWN

SPOUTS , ANGLES, HANGAR BRACKETS WALL ANCHORS

AND INSTALLATION
*once this process is complete we will bill for this amount of $1242 plus tax
1 1,242.00 1,242.00T
Thank You for your business! Estimates good for 30 days only! SUBTOTAL 114,442.00 DISCOUNT -25,000.00
TAX (0.085) 494.38
TOTAL $89,936.38
Accepted By Accepted Date

4.3.a
Packet Pg. 110 Attachment: Onextreme Proposal (Main Street & San Jacinto Avenue Mural Projects) 24438.00000\33427549.1
1 CITY OF SAN JACINTO

MURAL PROJECT

1. Parties and Date. This Agreement is made and entered into this ____ day of ________, 20__, by and between the City of San Jacinto, a municipal corporation organized under the laws of the State of California with its principal place of business at 595 South San Jacinto Avenue, San Jacinto, California 92583 (“City”) and Albert Ahumada DBA Studio Onextreme, with its principal place of business at 483 W Esplanade Avenue, Hemet, California 92543 (“Vendor"). City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Terms and Conditions. The Parties shall comply with the Terms and Conditions attached hereto as Exhibit “A” and incorporated herein by this reference.

3. Scope of Services; Schedule. The Vendor shall be solely responsible for providing all materials, labor, tools, equipment, light, transportation, and superintendence of every nature and all other services and all facilities necessary to execute, complete, and deliver the services as particularly described in the Scope of Services (“Services” or “Work”) attached hereto as Exhibit “B” and incorporated herein by this reference. The Services shall be completed timely and in accordance with the Schedule of Services set forth in Exhibit “B”.

4. Term. The term of this Agreement shall commence on the date entered above until June 16, 2023, unless earlier terminated as provided herein. The scope of services shall be completed within this term

5. Compensation. Vendor shall receive compensation for Services rendered under this Agreement.

The total compensation shall not exceed $89,936.38 (“Agreement Price”). Vendor’sinvoices shall include a detailed description of the Services performed. Invoices shall be submitted to the City. Four invoices will be accepted. One invoice for plaster installation and wall preparation. A second invoice for gutter drains. A third invoice will be submitted upon completion of one mural by the Vendor and acceptance by the City. A final invoice will be submitted upon completion of the second mural by the Vendor and acceptance by the City. The City shall review and pay all non-disputed and approved charges on such invoices in a timely manner.

6. Insurance. In accordance with Section 3 of the Terms and Conditions, Vendor shall, at its expense, procure and maintain for the duration of the Agreement such insurance policies as checked below and provide proof of such insurance policies in a form satisfactory to the City.

Commercial General Liability Insurance:
$1,000,000 per occurrence/$2,000,000 aggregate.
$2,000,000 per occurrence/$4,000,000 aggregate.

Automobile Liability:
$1,000,000 combined single limit for bodily injury and property damage.

Workers’ Compensation:

Statutory Limits / Employer’s Liability $1,000,000 per accident or disease and a waiver of subrogation in favor of the City, its officers, agents, employees and volunteers.

7. Warranty of Title. Vendor represents and warrants that (a) the Work is solely the result of artistic effort of Vendor and its representatives; (b) the Work is unique and original and does not infringe upon any copyright; (c) the Work, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Work is free and clear of any liens from any source whatsoever.

4.3.b
Packet Pg. 111 Attachment: Mural Contract (Main Street & San Jacinto Avenue Mural Projects) 24438.00000\33427549.1
2 8. Copyright. Copyright of the Work and related design, drawings, sketches, and models will be owned by the Vendor until acceptance of Vendor’s Work by the City. Notwithstanding the foregoing, Vendor agrees not to make use of such copyright in the Work for any purpose other than the performance by Vendor of Vendor’s obligations under this Agreement of public artwork, without the written consent of City. Upon acceptance of Vendor’s Work, copyright of the Work will be owned jointly by the City and the Vendor and no further use of the copyright will be made by the Vendor and the City without the written consent of the other, which consent will not be unreasonably withheld. Vendor certifies that the Work is a unique work of art especially designed for the City and shall not duplicate or reproduce the Work nor shall the Vendor permit others to do so except with the written permission by the City. The City has the right to reproduce and distribute in printed form and on commercial documents and/or brochures or any other literature of the City describing or dealing with its real estate holdings, photographs, realistic renderings, videotapes, or films of the Work. Such reproductions and use of the images of the Work for promotional purposes shall not constitute a breach of copyright and no royalty shall be due and payable by the City to the Vendor for such use.

9. Credit to the Vendor. All reproductions of the Work by the City shall contain a credit to the Vendor.

10. Vendor Reproduction Rights. City agrees that the Vendor shall have the right to reproduce and distribute in printed form and on non-commercial educational materials and brochures advertising or promoting Vendor and Vendor’s career, two-dimensional images such as photos, slides or realistic renderings, video tapes, or films of the Work as installed and formally accepted by the City. Such reproductions and use of the images of the Work for promotional and educational purposes shall be deemed to not constitute a breach of copyright in any way and no royalty fee shall be due and payable to the Vendor for such use. Such reproduction and images of the Work for publicity, promotion, and educational purposes shall, to the extent reasonably possible and appropriate, give reference to the City.

11. Warranty of Work. Vendor warrants the Work to be of good quality and free from any defective or faulty material and workmanship. Vendor agrees that for a period of one (1) year after the date of final acceptance, Vendor shall within ten (10) days after being notified in writing by the City of any defect in the Work, commence and prosecute with due diligence all services necessary to fulfill the terms of the warranty at its sole cost and expense. For any Work so corrected, Vendor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. The City acknowledges and agrees that this warranty covers defects arising under normal use, and does not cover defects resulting from misuse, abuse, neglect, repairs, alterations or attachments made by City or third parties not approved by Vendor, failure of the City to maintain the Work in accordance with the customer care instructions provided by Vendor, service performed to the Work by anyone who is not a representative of or is not authorized by Vendor, defects arising as a result of the existing condition of the wall at the time of installation as noted by Vendor in the pre-installation inspection, and flood, fire, earthquake, immersion in liquid, excessive physical force, tampering, incorrect electrical charge, electrostatic damage, temperature outside of range (-65F to 225F), forces of nature, influence from chemical products or other similar external causes.

4.3.b
Packet Pg. 112 Attachment: Mural Contract (Main Street & San Jacinto Avenue Mural Projects) 24438.00000\33427549.1
3 IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF SAN JACINTO Studio ONEXTREME
By: __________________________ By: __________________________ Robert A. Johnson, City Manager Its: __________________________ Printed Name: ____________________
Attest:
__________________________
Julia Espinoza, City Clerk
Approved as to Form:
__________________________
Best Best & Krieger LLP
City Attorney

4.3.b
Packet Pg. 113 Attachment: Mural Contract (Main Street & San Jacinto Avenue Mural Projects) 24438.00000\33427549.1
Ex. A-1
EXHIBIT “A”

TERMS AND CONDITIONS FOR SERVICES

1. Compliance with Law. Vendor shall comply with all applicable laws and regulations of the federal, state and local government. Vendor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. By its signature hereunder, Vendor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the Services. Vendor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Vendor agrees to fully comply with Prevailing Wage Laws. If the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Vendor agrees to fully comply with Prevailing Wage Laws, including, along with subcontractors, being registered with the Department of Industrial Relations (Labor Code §§ 1725.1; 1771.1). It shall be mandatory upon the Vendor and all subcontractors to comply with all Prevailing Wage Laws, which include but are not limited to prevailing wages (Labor Code §§ 1771; 1774; 1775), employment of apprentices (Labor Code § 1777.5), certified payroll records (Labor Code §§ 1771.4; 1776), hours of labor (Labor Code §§ 1813; 1815) and debarment of contractors and subcontractors (Labor Code § 1777.1). This Agreement may be subject to compliance monitoring and enforcement.

2. Standard of Care. Vendor shall perform the Services in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession practicing under similar conditions, and as more fully described in Exhibit B

3. Insurance. If required by Section 6 of this Agreement, the Vendor shall take out and maintain during this Agreement: A. Commercial General Liability Insurance for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001); B. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, at least as broad as Insurance Services Office Form Number CA 0001 (ed. 10/13) covering automobile liability, Code 1 (any auto); C. Workers’ Compensation; and D. Professional Liability (Errors and Omissions) coverage for a term acceptable to the City. Insurance carriers shall be licensed and authorized to do business in California. Such insurance carrier shall have not less than an "A:VII" rating according to the latest Best Key Rating unless otherwise approved by City. Vendor shall add City, its officers, officials, employees, agents, and volunteers as additional insureds on Vendor’s Commercial General Liability and Automobile Liability. Coverage provided by Vendor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it.

4. Indemnification. To the fullest extent permitted by law, Vendor shall defend (with counsel approved by City), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death (collectively, “Claims”), to the extent arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Vendor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Vendor’s Services, the project, or this Agreement, including without limitation the payment of all expert witness fees, reasonable attorney’s fees and other related costs and expenses except to the extent such loss or damage caused by the sole negligence or willful misconduct of the City. Vendor’s obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant or the City, its officials, officers, employees, agents, or volunteers. If Vendor’s obligation to defend, indemnify, and/or hold harmless arises out of Vendor’s performance as a “design professional” (as that term is defined under Civil Code § 2782.8), then, and only to the extent required by Civil Code § 2782.8, which is fully incorporated herein, Vendor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Vendor, and, upon Vendor obtaining a final adjudication by a court of competent jurisdiction, Vendor’s liability for such claim, including the cost to defend, shall not exceed the Vendor’s proportionate percentage of fault.

5. Laws; Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court in the County of Riverside, California.

6. Termination. The City may terminate the whole or any part of this Agreement for any or no reason by giving three (3) calendar days written notice to Vendor. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for the work. The City shall pay Vendor the reasonable value as determined by City of any portion of the Services completed prior to termination. The City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Vendor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of the Services. Vendor may terminate its obligation to provide further work under this Agreement upon thirty (30) calendar days written notice to City only in the event of City’s failure to perform in accordance with the terms of this Agreement through no fault of Vendor.

7. Changes. By written notice, City may from time to time, make changes to the Services furnished to City by Vendor. If such change causes an increase or decrease in the Agreement Price or in the time required for performance, Vendor or City shall promptly notify the other party thereof and assert its claim for adjustment within fifteen (15) days after the change is ordered, and an equitable adjustment shall be made. However, nothing in this clause shall excuse the Vendor from proceeding immediately with the Agreement as changed.

8. Miscellaneous Terms. Vendor shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City. This Agreement may not be modified or altered except in writing signed by the Parties. There are no intended third party beneficiaries of any right or obligation of the Parties. This is an integrated Agreement representing the entire understanding of the Parties as to those matters contained herein, and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. The captions of the various 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. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal. Notice may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the Parties to the addresses set forth in this Agreement. Vendor is retained as an independent contractor and is not an employee of the City. No employee or agent of Vendor shall become an employee of City. Vendor warrants that the individual who has signed this Agreement has the legal power, right and authority to make this Agreement and bind the Vendor hereto.

4.3.b
Packet Pg. 114 Attachment: Mural Contract (Main Street & San Jacinto Avenue Mural Projects) 24438.00000\33427549.1
Ex. C-1
EXHIBIT “B”
SCOPE OF SERVICES; SCHEDULE OF SERVICES

1. Vendor shall install the murals at the following location:
(a) 601 S San Jacinto Drive and 195 E Main Street.

2. Prior to starting the Work, design of the murals must be approved by the City (see Attachment A).

3. Vendor will be responsible for preparing and priming the wall at the project location.

4. Vendor shall furnish all equipment, supplies, and materials, necessary for the design, execution, fabrication, transportation, and installation of the mural at the site, and in accordance with the terms in this Agreement.

5. Vendor will be required to obtain necessary permits.

6. City may require the Vendor to make such revisions to the proposed Work as necessary for the Work to comply with applicable statutes, ordinances, or regulations governing the project.

7. Vendor shall complete the fabrication and installation of the Work in substantial conformity with this Agreement.

8. The Vendor is responsible for all property damage during installation.

9. The Vendor shall advise the City in writing when all Work required under this Agreement have been completed in substantial conformity.

10. The City shall notify the Vendor in writing of the final acceptance (or nonacceptance) of the Work.

11. The risk of loss or damage to the Work shall be borne by the Vendor until written notice of final acceptance, and the Vendor shall take such measures as are necessary to protect the Work from loss or damages until final acceptance.

12. The City reserves the right to remove or modify the mural at any time.

13. The City will be responsible for traffic control or street closures that will be required as a result of the mural installation.

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Packet Pg. 115 Attachment: Mural Contract (Main Street & San Jacinto Avenue Mural Projects) 24438.00000\33427549.1
Ex. C-2

ATTACHMENT A

APPROVED MURAL DESIGNS

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Packet Pg. 116 Attachment: Mural Contract (Main Street & San Jacinto Avenue Mural Projects) 24438.00000\40920091.1 1

MURAL ACCESS AGREEMENT
This Mural Access Agreement ("Agreement") is made entered into this ________ ___, 2023 (“Effective Date”), by and between the City of San Jacinto, with its principal place of business at 595 South San Jacinto Avenue, San Jacinto, California 92583 (“City”) and (COMPANY/PROPERTY OWNER NAME) a California Corporation, with its principal place of business at ADDRESS HERE (“Owner”). City and Owner are referred to collectively as the “Parties” or may be referred to individually as a “Party.” RECITALS:

A. The Owner is the owner of certain real property located at PROPERTY LOCATION HERE Street, California (the “Property”).

B. The City desires to hire an artist (“Artist”) to paint a mural (“Mural”) upon the Property. The location and dimensions of the Mural is generally depicted in Exhibit “A”, attached hereto and incorporated herein by reference.

NOW, THEREFORE, the Parties hereto agree as follows:

1. License. Owner hereby grants to City, and its employees, contractors, subcontractors, suppliers, vendors, artists and agents (“Permitted Parties”), the right to access the Property for the purpose of installing, maintaining, operating and exhibiting the Mural on and in the Property.

2. Term. The term of this Agreement shall be for a period of ten (10) years from the Effective Date. Unless terminated as provided herein, this Agreement shall automatically renew thereafter for additional terms of ten (10) years each, and shall remain in full force and effect unless and until terminated. Upon the expiration or termination of this Agreement, City shall remove the Mural and the location of the Mural shall be restored to its prior condition, normal wear and tear excepted.

3. Mural Installation and Maintenance. City shall provide for the execution of the Mural, and be solely responsible for any and all costs associated therewith, including but not limited to, payment of fees to the Artist, scaffolding, paint, and any equipment necessary to complete the Mural. City shall be responsible for providing all materials necessary for any maintenance, removal or restoration of the Mural. City may remove the Mural from the Property if, in the sole judgment of City, the Mural is suffering damage.

If City removes the Mural from the Property, City will restore the location of the Mural to its original condition, normal wear and tear excepted. City retains all ownership rights to the Mural as an artistic work, including marketing, copyright and exhibition rights. Owner shall make no modifications to the Mural.

4. Owner’s Representations. Owner agrees that the placement of the Mural on Owner’s Property does not entitle Owner to use the Mural for any purpose, except with City’s prior written permission. Owner will not to interfere with the appearance or artistic impression of the Mural by, among other things, placing obstructions on or in front of it, by erecting structures adjacent to, above or below the Mural or by undertaking other

4.3.c
Packet Pg. 117 Attachment: San Jacinto - Mural Access Agreement (Main Street & San Jacinto Avenue Mural Projects) 24438.00000\40920091.1 2
measures that would detract from enjoyment of the Mural. If a major renovation of the Property or emergency occurs as it relates to the location of the Mural, the Mural may be removed as agreed upon by the Parties.

5. Lease of Property. If Owner leases the Property, Owner will cause Owner's tenant or lessee to be made aware of and to honor this Agreement. If Owner sells or transfers the Property during the term of this Agreement, Owner will require the buyer/transferee to honor the terms hereof,

6. Termination. At the expiration of the initial ten (10) year term, either Party may terminate this Agreement upon thirty (30) days written notice to the other. Owner may terminate this Agreement for cause by submitting to City a written notice of termination specifying the reason for termination. City shall have thirty (30) days following receipt of the notice of termination to cure the default. City may terminate this Agreement, with or without cause, upon thirty (30) day written notice to Owner.

7. Miscellaneous. Neither Party shall assign or otherwise transfer its rights or obligations hereunder without the other Party’s prior written consent, which consent shall not unreasonably be withheld. This Agreement shall be binding on the successors and assigns of the Parties. This instrument constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof and all prior and contemporaneous agreements, representations and understandings of the Parties hereto, oral or written, are hereby superseded and merged herein. No supplement, modification or amendment of this Agreement shall be binding unless in writing and executed by the Parties hereto.

This instrument shall be construed and enforced in accordance with, and governed by, the laws of the State of California. Venue shall be Riverside County. The headings of this instrument are for purposes of reference only and shall not limit or define the meaning of the provisions hereof. This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. Should any term of this Agreement be deemed unlawful or unenforceable by a court of competent jurisdiction, that provision shall be severed and the remaining terms may continue to be fully enforced. The persons signing below represent and warrant that they have the requisite authority to bind the entities on whose behalf they are signing.

Notice may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the Parties to the addresses set forth in this Agreement.
[SIGNATURES NEXT PAGE]

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Packet Pg. 118 Attachment: San Jacinto - Mural Access Agreement (Main Street & San Jacinto Avenue Mural Projects) 24438.00000\40920091.1 3
IN WITNESS WHEREOF, the Parties hereto have executed this instrument as of the Effective Date.

CITY OF SAN JACINTO
By:

Robert A. Johnson, City Manager
ATTEST:

By:

Julia Espinoza, City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

COMPANY NAME
By:

Its: CEO
Printed Name:

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Packet Pg. 119 Attachment: San Jacinto - Mural Access Agreement (Main Street & San Jacinto Avenue Mural Projects) 24438.00000\40920091.1 4
EXHIBIT “A”
[INSERT DEPICTION OF PROPERTY WITH THE LOCATION AND DEPICTION OF MURAL]

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Packet Pg. 120 Attachment: San Jacinto - Mural Access Agreement (Main Street & San Jacinto Avenue Mural Projects)

4.3.d
Packet Pg. 121 Attachment: 195 E Main Mural Design (Main Street & San Jacinto Avenue Mural Projects)

4.3.e
Packet Pg. 122 Attachment: 601 S San Jacinto Mural Design (Main Street & San Jacinto Avenue Mural Projects)