required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
7. Professional Liability. If design/build, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
8. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
9. Other Insurance. Contractor may be required to obtain such other insurance coverage as may be required by applicable law or by the City.
10. Excess or Umbrella Liability Insurance (Over Primary). If an excess or umbrella liability policy is used to meet limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a “drop down provision” providing primary coverage above a maximum $25,000 selfinsured retention for liability not covered by primary but covered by the umbrella. Coverage must be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There must be no cross-liability exclusion precluding coverage for claims or suits by one insured against another. Coverage must be applicable to City for injury to employees of Contractor, its subcontractors or others performing work to satisfy Contractor’s obligations under this Contract.
The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review, but in no event may be less than $2,000,000 per occurrence and aggregate.
11. Certificates of Insurance and Endorsements. Prior to commencing any Work under this Contract, Contractor must file with the Director Certificates of Insurance and Endorsements evidencing the existence of all insurance required by this Contract, along with such other evidence of insurance or copies of policies as may reasonably be required by City. Such Certificates of Insurance and Endorsements must be in a form approved by the City Attorney of City. Contractor must maintain current certificates and endorsements on file with City during the term of this Contract reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material change in the policy, or termination thereof, will be effective except upon 30 days prior written notice to City. The City reserves the right to require complete, certified copies of the insurance certificates and endorsements.
12. Accessibility of Insurers. Insurance is to be placed with insurances with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
13. Waiver of Subrogation. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.
14. Failure to Maintain Required Insurance. If Contractor, for any reason, fails to have in place at all times during the term of this Contract all of the required insurance coverage, the Director may obtain such coverage at Contractor’s expense and deduct the cost from the sums due Contractor.
15. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
16. Effect of Coverage. The existence of the required insurance coverage under this Contract will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Contract. Contractor acknowledges that the insurance coverage and policy limits set forth in this Contract constitute the minimum coverage and policy limits required. Any insurance proceeds available to City in excess of the limits and coverage required by this Contract, and which is applicable to a given loss, must be made available to City to compensate it for such losses.
17. Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
PAYMENT BOND
(Bond for Labor and Material)
KNOW ALL PERSONS BY THESE PRESENTS:
1.01 THAT WHEREAS, City of San Marino (Owner) has awarded to (Name of Contractor) as Principal, Contract Number
dated the day of , 20___ (the Contract), titled the City of San Marino _______________________________________Project in the amount of $ , which Contract is by this reference made a part hereof, for the work of the following Contract:
Multi-year Sidewalk Replacement Program Project No. 22-9272 at various location within the City of San Marino
1.02 AND WHEREAS, Principal is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;
1.03 NOW, THEREFORE, we, the undersigned Principal and (Name of Surety) , as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($ ), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
1.04 THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California 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 State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.
1.05 This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond.
The intent of this bond is to comply with the California Mechanic’s Lien Law.
1.06 Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.
1.07 Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any
one or more of them, or against less than all of them without impairing Owner’s rights against the other.
1.08 Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.
IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20___.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code
END OF DOCUMENT
CONSTRUCTION PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated [Month, Day], 201_ is in the amount of [ Insert Amount ] (Penal Sum), which is 100% of the Contract Sum and is entered into by and between the parties listed below to ensure the faithful performance of the Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 14 attached to this page. Any singular reference to [Insert name of Contractor] (Contractor), [Insert name of Surety] (Surety), CITY OF SAN MARION (Owner), or other party shall be considered plural where applicable.
CONTRACTOR: SURETY:
[Insert name of Contractor] [Insert name of Surety]
Address Principal Place of Business
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: [PROJECT NAME AND ADDRESS], dated [Month, Day], 20_, in the amount of [ Insert Amount].
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:
Name: Name:
Title: Title:
BOND TERMS AND CONDITIONS
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.
2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond.
3. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:
3.1 Owner provides Surety with written notice that Owner has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and
3.2 Owner has agreed to pay the Balance of Contract Sum:
3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or
3.2.2 To a Contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract.
4. When Owner has satisfied the conditions of Paragraph 3 above, Surety shall promptly (within 40 Days) and at Surety’s expense elect to take one of the following actions:
4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract (but Owner may withhold consent, in which case the Surety must elect an option described in Paragraphs 4.2, 4.3 or 4.4 below); or
4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors or Construction entities; provided, that Surety may not select Contractor as its agent or independent contractor or Contractor without Owner’s consent; or
4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors or Construction entities acceptable to Owner for a contract for performance and completion of the Construction Contract and, upon determination by Owner of the lowest responsive and responsible Bidder, arrange for a contract to be prepared for execution by Owner and the contractor or Contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety’s obligations defined in Paragraph 6 below, exceed the Balance of Contract Sum, then Surety shall pay to Owner the amount of such excess; or
4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor or Contractor, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 6 below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph 4.4, Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender
under this Paragraph 4.4, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and 6.3 below.
5. At all times Owner shall be entitled to enforce any remedy available to Owner at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect Work, mitigate damages, advance critical Work to mitigate schedule delay, and coordinate Work with other consultants or contractors.
6. If Surety elects to act under Paragraphs 4.1, 4.2 or 4.3 above, within the time period provided in Paragraph 4, above, and complies with its obligations under this Bond, Surety’s obligations under this Bond are commensurate with Contractor’s Construction Contract obligations. Surety’s obligations include, but are not limited to:
6.1 Contractor’s obligations to complete the Construction Contract and correct Defective Work;
6.2 Contractor’s obligations to pay liquidated damages; and
6.3 To the extent otherwise required of Contractor under the Construction Contract, Contractor’s obligations to pay additional legal, design professional, and other costs not included within liquidated damages resulting from Contractor Default (but excluding attorney’s fees incurred to enforce this Bond).
7. If Surety does not elect to act under Paragraphs 4.1, 4.2, 4.3, or 4.4, above, within the time period provided in Paragraph 4, above, or comply with its obligations under this Bond, then Surety shall be deemed to be in default on this Bond ten Days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond. Such Surety default shall be independent of the Contractor Default. To the extent Surety’s independent default causes Owner to suffer damages including, but not limited to, delay damages, which are different from, or in addition to (but not duplicative of) damages which Owner is entitled to receive under the Construction Contract, Surety shall also be liable for such damages. In the event any Surety obligation following its independent default is inconsistent or conflicts with California Civil Code Section 2809, or any other law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is larger in amount or in any other respect more burdensome than that of the principal, Surety hereby waives the provisions of such laws to that extent.
8. If Surety elects to act under Paragraphs 4.1, 4.3 or 4.4 above, within the time period provided in Paragraph 4, above, and complies with all obligations under this Bond, Surety’s monetary obligation under this Bond is limited to the Penal Sum.
9. No right of action shall accrue on this Bond to any person or entity other than Owner or its successors or assigns.
10. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, design agreements, purchase orders and other obligations, including changes of time, and of any Owner action in accordance with Paragraph 5 above. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, Modification, deletion, or addition to the Contract Documents, or of the Work (including services) required thereunder, or any Owner action in accordance with Paragraph 5 above shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond, unless such action is an Owner Default.
11. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between Owner and Contractor regarding the Construction Contract, or in the Superior Court of the County of Los Angeles, California, or in a court of competent jurisdiction in the location in which the Work is located. Communications from Owner to Surety under Paragraph 3.1 above shall be deemed to include the necessary agreements under Paragraph 3.2 above unless expressly stated otherwise.
12. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to Owner shall be mailed or delivered as provided in Section 1-7.1.10 of the Special Provisions. Actual receipt of notice by Surety, Owner or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses.
13. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein.
14. Definitions
14.1 Balance of Contract Sum: The total amount payable by Owner to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved Modifications to the Construction Contract.
14.2 Construction Contract: The agreement between Owner and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto.
14.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract, limited to “default” or any other condition allowing a termination for cause as provided in Section 6-7.3 of the Special Provisions).
Owner Default: Material failure of Owner, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract.
END OF DOCUMENT
ESCROW AGREEMENT FOR SECURITY DEPOSIT IN LIEU OF RETENTION Public Contract Code Section 22300
THIS ESCROW AGREEMENT (“Escrow Agreement”) is made and entered into this day of ________________, 20__, by and between City of San Marino (“Owner”), whose address is 2200 Huntington Drive, San Marino, California 91108, [Name of Contractor] (“Contractor”), whose principal place of business is located at [Contractor’s Address], and Owner, as escrow agent [OR] [Name of Bank], a state or federally chartered bank in the State of California, whose place of business is located at [Address] (“Escrow Agent”).
For the consideration hereinafter set forth, Owner, Contractor and Escrow Agent agree as follows:
1. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to Contract Number entered into between Owner and Contractor for the City of San Marino __________________ Project in the amount of $ dated , 20__ (the “Contract”). Alternatively, on written request of Contractor, Owner shall make payments of the retention earnings directly to Escrow Agent. When Contractor deposits the securities as a substitute for Contract earnings, Escrow Agent shall notify Owner within ten Days of the deposit. The market value of the securities at the time of substitution shall be at least equal to the cash amount then required to be withheld as retention under terms of Contract between Owner and Contractor. Securities shall be held in name of , and shall designate Contractor as the beneficial owner.
2. Owner shall make progress payments to Contractor for those funds which otherwise would be withheld from progress payments pursuant to Contract provisions, provided that Escrow Agent holds securities in form and amount specified in Paragraph 1 of this Document 006290.
3. When Owner makes payment(s) of retention earned directly to Escrow Agent, Escrow Agent shall hold said payment(s) for the benefit of Contractor until the time that the escrow created under this Escrow Agreement is terminated. Contractor may direct the investment of the payments into securities. All terms and conditions of this Escrow Agreement and the rights and responsibilities of the parties shall be equally applicable and binding when Owner pays Escrow Agent directly.
4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account, and all expenses of Owner. Such expenses and payment terms shall be determined by Owner, Contractor, and Escrow Agent.
5. Interest earned on securities or money market accounts held in escrow and all interest earned on that interest shall be for sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to Owner.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Owner to Escrow Agent that Owner consents to withdrawal of amount sought to be withdrawn by Contractor.
7. Owner shall have the right to draw upon the securities in event of default by Contractor. Upon seven Days written notice to Escrow Agent from Owner of the default, Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by Owner.
8. Upon receipt of written notification from Owner certifying that the Contract is final and complete, and that Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. Escrow Agent shall rely on written notifications from Owner and Contractor pursuant to Paragraphs 5 through 8, inclusive, of this Document 00 6290 and Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of securities and interest as set forth.
10. Names of persons who are authorized to give written notice or to receive written notice on behalf of Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
ON BEHALF OF OWNER: ON BEHALF OF CONTRACTOR:
____________________________________
___________________________________
Title Title
____________________________________
___________________________________
Name Name
____________________________________
___________________________________
Signature Signature
____________________________________
___________________________________
Address Address
____________________________________
___________________________________
City/State/Zip Code City/State/Zip Code
ON BEHALF OF ESCROW AGENT:
____________________________________
Title
____________________________________
Name
____________________________________
Signature
____________________________________
Address
____________________________________
City/State/Zip Code
IN WITNESS WHEREOF, the parties have executed this Escrow Agreement by their proper officers on the date first set forth above.
OWNER: CONTRACTOR
CITY OF SAN MARINO _____________________________________
______________________________
_____________________________________
Title Title
________________________________ _____________________________________ Name Name
________________________________ _____________________________________ Signature Signature
ATTEST
_____________________________________
Signature
_____________________________________
Print Name
Secretary
ESCROW AGENT
_____________________________________
_____________________________________
Title
_____________________________________
Print Name
_____________________________________
Signature
[IF REQUIRED] REVIEWED AS TO FORM:
_____________________________________
Counsel for Owner
_____________________________________
Print Name
_____________________________________
Date
At the time the Escrow Account is opened, Owner and Contractor shall deliver to Escrow Agent a fully executed counterpart of this Document.
END OF DOCUMENT
PAGE INTENTIONALLY BLANK
CERTIFIED PAYROLL GUIDELINES
AT THE START OF THE JOB PLEASE PROVIDE THE FOLLOWING FOR EACH CONTRACTOR / SUBCONTRACTOR:
1.) A list of all trades & crafts anticipated on the job (see separate example sheet).
For example, if the project is calling for state prevailing wages, the relevant information can be found on www.dir.ca.gov/OPRL/PWD/index.htm. Make sure you check if the project is state or federal.
2.) If fringes are paid directly to a plan (partly or in full), please provide fringe benefit statements for all crafts anticipated
3.) Proof of payment of training dues (if applicable)
4.) A list of all subcontractors anticipated on the job (applies to main contractor only) PLEASE NOTE:
• The start date of the job is payroll week #1 for the main contractor and every subcontractor on the job, regardless of being on the job at the beginning or not. • For each week please provide either a payroll report with statement of compliance OR where no work is performed a statement of non-performance for all contractors/subs. The only exception: The weeks before the initial work start can be grouped into 1 statement of non-performance as long as the entire time frame is specified. Otherwise a statement of non-performance is required weekly. • When a contractor/subcontractor has completed their work on the job, a FINAL statement of non-performance is required. This can be identical to a regular statement of non-performance except it needs to specify that it is the final statement. • It is imperative payroll documents are received complete and promptly in order to authorize the contractor’s invoices. Therefore, please send 1 set of originals with wet signatures of everything as promptly as possible
U.S. Department of Labor PAYROLL
(For Contractor's Optional Use; See Instructions at www.dol.gov/whd/forms/wh347instr.htm) Wage and Hour Division
Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.
NAME OF CONTRACTOR OR SUBCONTRACTOR ADDRESS OMB No.: 1235-0008 Expires: 01/31/2015
PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO. (1) (2) (3) (4) DAY AND DATE (5) (6) (7) (9)
(8)
DEDUCTIONS
O O O O O O O O
NAME AND INDIVIDUAL IDENTIFYING NUMBER
(e.g., LAST FOUR DIGITS OF SOCIAL SECURITY
NUMBER) OF WORKER O. OF N
NG i LDO HHTIW
S N IOT EMPXE
WORK
CLASSIFICATION
T. S OT. OR
HOURS WORKED EACH DAY
TOTAL
HOURS
RATE
OF PAY
GROSS
AMOUNT
EARNED FICA
WITHHOLDING
TAX OTHER
TOTAL
DEDUCTIONS
NET
WAGES
PAID
FOR WEEK
S
SS S S S S S
Rev. Dec. 2008
While completion of Form WH-347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act (40 U.S.C. § 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits.
Public Burden Statement
We estimate that is will take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U.S. Department of Labor, Room S3502, 200 Constitution Avenue, N.W.
Washington, D.C. 20210
(over)
Issued 3-22-2022 CPG-2 Prj. No. 22-9272
Date
I,
(Name of Signatory Party) (Title)
do hereby state:
(1) That I pay or supervise the payment of the persons employed by on the
(Contractor or Subcontractor)
; that during the payroll period commencing on the
(Building or Work)
day of , , and ending the day of , ,
all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said from the full
(Contractor or Subcontractor)
weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Start. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below:
(2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That:
(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS − in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe bene fits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees,except as noted in section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH
− Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS
REMARKS:
EXCEPTION (CRAFT) EXPLANATION
NAME AND TITLE SIGNATURE
THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE.
STATEMENT
OF
NON-‐PERFORMANCE
Name
of
Contractor
/
Subcontractor:
______________________________________
Payroll
Number(s):
#________________
Final
Statement
of
Non
Performance
(Please
circle): Yes
No
Payroll
Week
Ending
Date:
________________________
I
do
hereby
state
that
no
mechanics,
laborers,
apprentices
or
trainees
were
employed
on
the
construction
site
of
the
Project
______________________________
_____________________________________________
during
the
payroll
period
commencing
on
the
___
day
of
___________
2013 and
ending
the
___
day
of
____________,
2013.
Signature
of
Authorized
Person:
________________________________
Title:
_________________________________
Date: _________________________________
2019 2019
LIST OF TRADES & CRAFTS
PROJECT NAME:
CONTRACTORS NAME:
PAYROLL CONTACT PERSON:
PHONE:
EMAIL:
DATE:
TRADE OR CRAFT PREVAILING WAGE
CLASSIFICATION & GROUP
DETERMINATION
NUMBER
PAGE
NUMBER
FEDERAL/
STATE
EXPIRATION
Note:
* Denotes rate is good for
the life of the project
** Denotes predetermined
increase
LIST OF TRADES & CRAFTS
EXAMPLE ONLY – TO SHOW HOW TO FILL THIS IN CORRECTLY
PROJECT NAME: National City Street Resurfacing
CONTRACTORS NAME: XYZ Construction Inc.
PAYROLL CONTACT PERSON: Pete Smith
PHONE: 619 111 2222
EMAIL: [email protected]
DATE: 2nd April 2013
TRADE OR CRAFT PREVAILING WAGE
CLASSIFICATION & GROUP
DETERMINATION
NUMBER
PAGE
NUMBER
FEDERAL/
STATE
EXPIRATION
LABORER
(CONSTRUCTION-FENCE ERECTORHOUSEMOVER)
LABORER: ENGINEERING
CONSTRUCTION, GROUPS 1 & 5
SD-23-102-3-2012-1 30 STATE June 30, 2013**
LABORER AND RELATED
CLASSIFICATIONS
LABORER: BUILDING
CONSTRUCTION, GROUPS 1, 2, 4
SD-23-102-4-2012-1 29 STATE June 30, 2013**
OPERATING ENGINEER GROUPS 2, 4, & 8 SD-23-63-3-2011-2 25 STATE June 30, 2012*
PARKING AND HIGHWAY
IMPROVEMENT (STRIPING, SLURRY
AND SEAL COAT OPERATIONSLABORER)
GROUPS 2 & 4 SC-23-102-6-2011-1 18E STATE June 30, 2012* Note:
CONTRACTOR FRINGE BENEFIT STATEMENT
Contract Number: Project Name: Today's Date:
Contractor / Subcontractor Name: Business Address:
Classification: Effective Date: Subsistence or Travel Pay:
$
Health & $ PAID TO: Name:
Welfare Address:
Pension $ PAID TO: Name:
Address:
Vacation/ $ PAID TO: Name:
Holiday Address:
Training $ PAID TO: Name:
and/or Other Address:
Classification: Effective Date: Subsistence or Travel Pay:
$
Health & $ PAID TO: Name:
Welfare Address:
Pension $ PAID TO: Name:
Address:
Vacation/ $ PAID TO: Name:
Holiday Address:
Training $ PAID TO: Name:
And/or Other Address:
Classification: Effective Date: Subsistence or Travel Pay:
$
Health & $ PAID TO: Name:
Welfare Address:
Pension $ PAID TO: Name:
Address:
Vacation/ $ PAID TO: Name:
Holiday Address:
Training $ PAID TO: Name:
And/or Other Address:
Submitted: Contractor / Subcontractor By: Name / Title
Supplemental statements must be submitted during the progress of work should a change in rate of any of the classifications be made. FRINGE BENEFITS FRINGE BENEFITS FRINGE BENEFITS In order that the proper Fringe Benefit rates can be verified when checking payrolls on the above contract, the hourly rates for fringe benefits, subsistence and/or travel allowance payment made for employees on the various classes of work are tabulated below.
CONTRACTOR'S CERTIFICATION OF COMPLETION
CONTRACT YEAR ___
DATE: ________________________
TO: City of San Marino
Office of the City Engineer
Parks and Public Works Department
2200 Huntington Drive
San Marino, California 91108
FROM: __________________________________________________________ (Firm or Corporation)
PROJECT: Multi-year Sidewalk Replacement Program Project No. 22-9272 This is to certify that I, acting as an authorized official of the above stated firm or corporation, have been properly authorized by said firm or corporation to sign the following statements pertaining to the subject Project and Contract Documents:
1. I know, of my own personal knowledge, and do hereby certify, that the work of the contract described above has been performed, and materials used and installed in every particular, in accordance with, and in conformity to, the Bid, Contract Documents and Contract.
2. The contract work is now complete in all parts and requirements, and ready for your final inspection.
3. I understand and agree that neither the determination by the Owner that the work is complete, nor the acceptance thereof by the Owner, shall operate as a bar to claim against the Contractor under the terms of the guarantee provisions of the Contract Documents or as a bar or waiver of tort and contract claims that might be alleged with respect to performance of the work.
Signature of Prime Contractor Signature of Prime Contractor
Print name and title Print name and title
(If the Prime Contractor is a corporation two signatures of corporate officers are required.)
CONTRACTOR’S AFFIDAVIT OF DISPOSAL
CONTRACT YEAR ___
WHEREAS, on the ______ day of ____________________, 20______, the undersigned entered into and executed a contract with City of San Marino for the Multi-year Sidewalk Replacement Program Project No. 22-9272 as particularly described in said contract, and WHEREAS, the specifications of said contract requires the Contractor to affirm that "all brush, trash, debris, and surplus materials resulting from this project have been disposed of in a legal manner" and that all designated recyclable materials are properly recycled in compliance with the City of San Marino Ordinances.
WHEREAS, said contract has been completed for Contract Year ___, all surplus materials disposed of, and proof of compliance with the City of San Marino Municipal Code has been furnished.
NOW, THEREFORE, in consideration of the final payment for Contract Year ___ by the City of San Marino to said Contractor under the terms of said contract, the undersigned Contractor, hereby certifies and affirms under penalty of perjury that all surplus materials as described in said contract have been disposed of at the following location(s):
Type of material disposed of Type of material disposed of
Name of disposal site Name of disposal site
Address of disposal site Address of disposal site
Type of material disposed of Type of material disposed of
Name of disposal site Name of disposal site
Address of disposal site Address of disposal site
By signing and submitting this form to the City of San Marino on this ____ day of ___________, 20___, I (we) hereby certified and swear under penalty of perjury under the laws of the State of California that the aforementioned information is true and correct without omission, error or misrepresentation.
Signature of Prime Contractor Date Signature of Prime Contractor Date
Print name and title Print name and title
(If the Prime Contractor is a corporation two signatures of corporate officers are required.)
CONSENT OF SURETY FOR FINAL PAYMENT
In accordance with the provisions of the contract between the Owner and the Contractor, and the following named Surety:
on the Payment Bond in the amount of Dollars,
of the following named Contractor:
hereby approves of final payment to the Contractor, and further agrees that said final payment to the Contractor shall not relieve the Surety named herein of any of its obligations to the Owner, as set forth in said Surety company's bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand and seal this _______ day of _________________, 20_____.
Signature of Authorized Surety Representative
Title
(CORPORATE SEAL)
CONTRACTOR’S AFFIDAVIT OF PAYMENT
To All Whom It May Concern:
WHEREAS, the undersigned has been contracted by the City of San Marino to furnish labor and materials for the Multi-year Sidewalk Replacement Program Project No. 22-9272, under a contract dated the ______day of __________________, 20___, in the City of San Marino, County of Los Angeles, State of California, of which City of San Marino is the Owner.
NOW, THEREFORE, this _________ day of ___________________, 20___ the undersigned, as the Contractor for the above-named Contract pursuant to the Conditions of the Contract hereby certifies that, except as listed below, he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in anyway be held responsible.
EXCEPTIONS: (If none, write "None". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.)
Signature of Prime Contractor Date Signature of Prime Contractor Date
Print name and title Print name and title
(If the Prime Contractor is a corporation two signatures of corporate officers are required.)
GUARANTEE AGREEMENT
TO: The CITY OF SAN MARINO (Owner), for construction of the Multi-year Sidewalk Replacement Program Project No. 5204150.
The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein.
1.01 Contractor hereby grants to Owner for a period of one year following the date of Final Acceptance of the Work completed, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work.
1.02 Neither final payment nor use nor occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship.
Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of Final Acceptance of the Work completed.
1.03 If within one year after the date of Final Acceptance, or such other period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents or any extended warranty or guaranty, any Work is found to be Defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions, correct such Defective Work. Contractor shall remove any Defective Work rejected by Owner and replace it with Work that is not Defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to comply promptly with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the Defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct Defective Work, or defects are discovered outside the correction period, Owner shall have all rights and remedies granted by law.
1.04 Contractor shall respond within 72 hours to any claim made by Owner pursuant to this guaranty.
1.05 Observation and inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be Defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period.
1.06 This Guaranty is in addition to any other Contractor warranties contained in the Contract Documents, and not in lieu of, any and all other Contractor liability imposed under the Contract Documents or at law. In the event of any conflict or inconsistency between the terms of this Guaranty and any Contractor warranty or obligation Contractor under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the greater protection to Owner. (Signature line on next page)
Date: ____________________________, 20___
Contractor's Name
By:
Signature
Print Name
Title
Street Address
City, State, Zip code
CITY OF SAN MARINO PARKS & PUBLIC WORKS DEPARTMENT
HOUSE NUMBERS ON CURBING 2200 HUNTINGTON DR
SAN MARINO CALIFORNIA USA
SEP 2018 REV MAR 2022 USE WITH STANDARD PLANS AND SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION STANDARD PLAN SM 101
SHEET 1 OF 1 LastRev: 3/22/2022 9:33 AM Filename: \\SM-FILE\RedirectedFolders\MThrone\Documents\AutoCAD Drawings\Standard Drawings\SM 101 House Number On Curb.dwg 1913
LETTERING WIDTH PLUS 6"
3" 6"
4" HIGH LETTERING.
FONT AS SHOWN.
BLACK COLOR.
REFLECTIVE PAINT STRIP.
WHITE COLOR.
3"3"
℄ 1" 1"
NOTES:
1. STENCIL FONT AND BRIDGING AS SHOWN.
2. CENTER NUMBER ON WHITE STRIP.
3. FONT STYLE SUBSTITUTION REQUIRES APPROVAL OF CITY
ENGINEER.
0 1 2 3 4 5 6 7 8 9
MEASURE FROM
TOP OF CURB.
3 4
" SPACING
CITY OF SAN MARINO PARKS & PUBLIC WORKS DEPARTMENT
RESIDENTIAL SIDEWALK DETAILS 2200 HUNTINGTON DR
SAN MARINO CALIFORNIA USA
JAN 2018 REV JAN 2021 USE WITH STANDARD PLANS AND SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION STANDARD PLAN SM 102
SHEET 1 OF 1
TYPICAL SECTION
Tree
Protection
Zone.
OG.
NOTES
1. Removal of root 1" or greater in diameter within Tree Protection Zone requires approval of City Urban Forester.
2. Stamped or textured concrete requires approval of City Engineer.
3. Stamp name and year per 303-5.5.2.
Compact Native
Subbase to 90%
Relative Compaction.
TYPICAL SCORELINE DETAIL
For Other Cases, Match Adjacent Scoring.
5' Sidewalk (Typ.)
Varies
(0' Typ.) Parkway
Varies.
Exist. Curb
and Gutter.
4" Thick (Typ.)
6" Thick at Driveway Apron.
Concrete Class 520-C-2500.
Sand Finish per 303-5.5.2.
"Half Fawn" Color per
303-7.3.
Exist.
Tree Root.
12"
12" R/W Line.
2%
1" Min. 5' Typ.
30" Typ. 30" Typ.
Exist.
Sidewalk. C Sidewalk. L
New
Tooled Jts. per 303-5.4 Sidewalk. LastRev: 1/13/2022 Filename: SM 102 Sidewalk.dwg Neatly Sawed Edge.
Remove
Exist. SW
per 401-3.2.
City of San Marino
Office of the City Engineer
Parks and Public Works Department
2200 Huntington Drive, San Marino, California 91108
(626) 300-0765
[email protected]
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Well-Maintained Infrastructure
• Fiscally Responsible and Transparent City Government
• Inviting and Relevant City Facilities
BACKGROUND
On December 13, 2017, the City Council awarded a contract to Dynamic Building Maintenance for professional janitorial services of various City facilities, including City Hall, the Public Works building, the Police Station, Crowell Public Library, Stoneman, the Lacy Park offices, and the Thurhner House. Dynamic Building Maintenance was selected as the low bidder, and on February 14, 2018, the City Council approved Amendment 1 to the agreement, adding additional cleaning services at the Crowell Public Library to the scope of work. Since January 2022, Dynamic Building Maintenance has satisfactorily performed the aforementioned services on a month-to-month basis, as the amended agreement expired on December 31, 2021. The previous agreement’s expiration went undetected for a short period due to administrative staff turnover in the Parks and Public Works Department. Fortunately, the original contract’s expiration was caught by the new contract monitoring system put into place by the Finance Department, in coordination with all other departments, and staff is bringing a new agreement to the City Council for approval.
DISCUSSION
The Department is planning to issue a request for proposals during FY 22-23 for professional janitorial services. This process is expected to be complete by April 2023. During this time, it is recommended that Dynamic Building Maintenance provide contracted professional janitorial services. As such, approval of a professional maintenance services agreement (Attachment 1) is TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Robert Newman, Interim Director of Parks and Public Works/City Engineer DATE: May 11, 2022
SUBJECT: APPROVAL OF PROFESSIONAL MAINTENANCE SERVICES
AGREEMENT WITH DYNAMIC BUILDING MAINTENANCE
THROUGH APRIL 30, 2023
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member
recommended on a continuing basis. Dynamic Building Maintenance has satisfactorily performed the services specified in the agreement since 2017, and has been very responsive to staff’s requests during that time. In particular, they have been able to respond to the City’s requests for additional deep cleans during the COVID-19 pandemic, which has been well received by the public and City staff.
FISCAL IMPACT & PROCUREMENT REVIEW
The current services are provided for a total of $82,284 annually ($6,857 monthly), not including COVID-related deep cleans. This monthly fee has been in place since 2018 and has been unchanged since that time, and will remain unchanged for the duration of the agreement. The Department’s proposed FY 22-23 operating budget has appropriated $90,000 for this contract in account 101-53-4150-0000 (Other Contract Services). No additional appropriation will be necessary for approval of this agreement.
The Finance Director has reviewed this staff report for procurement compliance with San Marino City Code §02.06.05.
LEGAL REVIEW
The City Attorney reviewed and approved the staff report and draft professional maintenance services agreement as to legal form.
RECOMMENDATION
Staff recommends the City Council approve the attached Professional Maintenance Services Agreement through April 30, 2023. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve the professional maintenance services agreement with Dynamic Building Maintenance through April 30, 2023, for their professional janitorial services in City facilities, and authorize the City Manager to execute the agreement on behalf of the City.”
ATTACHMENTS
1. Draft Professional Maintenance Services Agreement
AGREEMENT FOR
MAINTENANCE SERVICES
Between
THE CITY OF SAN MARINO,
a municipal corporation
and
Dynamic Building Maintenance,
a California Corporation (“Contractor”)
Dated: May 11, 2022
AGREEMENT FOR
MAINTENANCE / REPAIR / MINOR CONSTRUCTION SERVICES
This Agreement for Maintenance Services (“Agreement”) is entered into as of the date referenced on the cover page (“Effective Date”) between the City of San Marino, a California municipal corporation (“City”) and Dynamic Building Maintenance (“Contractor”) (collectively the “Parties”). In consideration of the mutual promises and covenants made by the parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES
1.1 Identification of Contractor
Name: Dynamic Building Maintenance
Address: 4187 Flat Rock Drive Ste 300
Riverside, CA 92505
Type of Entity: A California Corporation
1.2 Term. Subject to the provisions of Section 8 [Termination] of this Agreement, the term of this Agreement is for 12 months commencing on the Effective Date, May 11, 2022, as referenced on the cover page.
1.3 Description of Contractor’s Services. Subject to the terms and conditions of this Agreement, Contractor agrees to perform for City those maintenance services specified in the Scope of Services attached hereto and incorporated herein by reference as Exhibit “A” (“Services”). Contractor agrees to furnish, for the compensation provided for herein, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform and complete the Services. The Services shall be subject to inspection and approval by City.
Contractor agrees to work closely with City staff in the performance of the Services and shall be available to City’s staff and Contractors at all reasonable times.
1.4 Performance of Services. Contractor represents that it possesses the requisite training, licenses and permits necessary to perform the Services, and that its performance of the Services shall conform to the standard of practice of a professional having specific experience and expertise in professional services of like nature and complexity of the Services.
1.5 Compensation for Contractor’s Services.
Compensation for the Services shall be (select one):
___X____ Lump Sum of $ 82,284 With progress payments; or
_______ Time and materials, per schedule of rates and charges included in Exhibit C, with a guaranteed not to exceed price of $ [Dollar Amount].
1.6 Extra Work. Contractor shall not be compensated for any work or services rendered in connection with its performance of this Agreement, which are in addition to or outside of the Services (“Extra Work”), except as expressly provided for herein. It shall be Contractor’s responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor’s commencement of the Extra Work in accordance with Section 9.10 [Amendments] and Section 9.18 [Administration and Implementation]. City shall not be obligated to pay for or otherwise be liable for unauthorized Extra Work performed by Contractor.
1.7 Schedule of Performance. Contractor agrees to diligently perform and complete the Services in accordance with the schedule of performance attached hereto and incorporated herein by reference as Exhibit “A” [Schedule of Performance] (“Schedule of Performance”). Modifications to the Schedule of Performance must be agreed upon in writing in advance by the City Manager pursuant to Section 9.18 [Administration and Implementation] and Contractor.
1.8 Progress and Coordination. Upon City’s request, Contractor shall provide City with progress submittals showing status of Services, at times and increments as City may reasonably request, and shall provide City with a progress schedule for performance of the Services, at times and in a level of detail as City may reasonably request. Contractor shall coordinate with City and authorities with jurisdiction as necessary to perform the Services. Time is of the essence in the performance of the Services.
1.9 General Warranty. Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized Extra Work which has not been removed and any non-conforming materials incorporated into the Services) to be of good quality and free from any defective or faulty material and workmanship. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City.
1.10 Repair of Defects. Contractor agrees that for a period of one (1) year from and after final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, Contractor shall within ten (10) days after being notified in writing by City of any defect in the Services or non-conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and
expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Services. Contractor shall perform such tests as City may require to verify that any corrective actions are adequate to remedy the defective condition. In the event that Contractor fails to perform its obligations under this Section to the reasonable satisfaction of City, then City shall have the right to correct and replace any defective, non-conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
1.11 Contractor’s Representative. Contractor hereby designates the representative named in Exhibit “C” [Representatives], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
SECTION 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Compensation. City shall pay to Contractor for non-disputed Services rendered, the compensation set forth in Exhibit “C” [Compensation] attached hereto and incorporated herein by reference. Total compensation to Contractor for the Services shall not exceed the total price or “not to exceed” amount set forth in Exhibit “C,” without the prior written approval of City in accordance with Section 9.10 [Amendments] and Section
9.19 [Administration and Implementation].
2.2 Payment of Compensation. Contractor shall submit periodic (monthly or quarterly as specified in Exhibit “B”) invoices together with an itemized statement of Services provided. The statement shall describe the Services provided, the percent of work completed by item, together with such other reasonable detail and supporting documentation as may be required by the City Manager, or his/her designee. City will review the statement and pay, with the exception of any charges for work performed or expenses incurred by Contractor which are disputed by City, within 30 days of receiving such statement, all approved charges thereon. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defect in work performed by Contractor.
2.3 Prior to execution of the Agreement, the State of California declared a state of emergency and issued a stay at home order in connection with the COVID-19 pandemic, and the County of Los Angeles (“County”) issued numerous orders relating to COVID-19, including without limitation an Order to Shelter in Place, originally dated
March 17, 2020 (as subsequently extended and amended, including after the date of the Agreement, the “County Order”). In no event shall Contractor be entitled to any additional compensation in connection with any delay or costs associated with the COVID 19 pandemic, the County Order, or any other governmental requirements or regulations in connection therewith, whether currently existing or hereinafter enacted.
In the event of any conflict between the terms of this Section and any other provision of the Agreement, in all events, the terms of this Section shall control.
SECTION 3. RESPONSIBILITIES OF CONTRACTOR
3.1 Control and Payment of Subordinates; Independent Contractor.
Contractor agrees that all Services shall be performed by Contractor or under its supervision. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under the Contractor’s exclusive direction and control.
Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor is not entitled to any benefits that Owner provides to Owner employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Contractor expressly waives any claim Contractor may have to any such rights. Contractor shall pay all payroll taxes imposed by any governmental entity and shall pay all other required taxes.
3.2 Standard of Care and Licenses. Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Agreement.
3.3 Required Corrections. Contractor shall perform, at its own expense and without reimbursement from the City, any work necessary to correct errors or omissions that are caused by the Contractor’s failure to comply with the standard of care provided for herein.
3.4 Law 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 Services, 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 Services.
3.5 Safety. Contractor shall perform the Services, and maintain its work area, so as to avoid injury or damage to any person or property and shall otherwise 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.
3.6 Labor Code and Prevailing Wage Requirements.
3.6.1 Prevailing Wage Laws. Contractor represents and warrants that it 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 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the compliance with other requirements on “Public Works” and “Maintenance” projects.
Contractor shall pay prevailing wages to its employees on any agreement in excess of $1,000.00. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Agreement, as determined by the Director of the State of California Department of Industrial Relations, may be obtained from the California Department of Industrial Relations website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. Contractor shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. Contractor and all subconsultants shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement.
3.6.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sexual orientation, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
SECTION 4. INDEMNIFICATION
4.1 Indemnity. Except as to the sole negligence, active negligence, or willful misconduct of City, Contractor expressly agrees to, and shall, indemnify, defend, release, and hold City, and its respective officials, officers, employees, agents, and contractors harmless from and against any Action, liability, loss, damage, entry, judgment, order, lien, and Costs and Expenses which arises out of, or are in any way related to, any act or omission of Contractor, or its officers, directors, employees, agents, or contractors, connected with the performance or failure to perform under this Agreement, notwithstanding that City may have benefited therefrom, or any challenge to this Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor’s officers, directors, employees, agents and contractors, including but not limited to acts or
omissions in any way related to, the release, treatment, use, generation, transportation, storage, or disposal in, on, under, to, or from the location at which work under this Agreement is performed of any Hazardous Substances by Contractor or its officers, directors, employees, agents, and subcontractors. The Parties expressly agree that any payment, or Costs and Expenses City incurs or makes to, or on behalf of, an injured employee under City’s workers’ compensation or other insurance, is included as a loss or Costs and Expenses for the purpose of this Section. City shall not be responsible for any acts, errors or omissions of any person or entity except City and its officers, agents, servants, employees or contractors. The Parties expressly agree that the obligations of Contractor under this Section shall survive the expiration or early termination of the Agreement.
4.2 Action. For purposes of this Agreement, “Action” shall mean any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether voluntary, court-ordered, binding, or non-binding), or other alternative dispute resolution process, and the filing, recording, or service of any process, notice, claim, demand, lien, or other instrument which is a prerequisite or prelude to commencement of the Action.
4.3 Costs and Expenses. For purposes of this Agreement, “Costs and Expenses” shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a Party in good faith in the investigation, prosecution or defense of an Action, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorney’s fees, Contractor fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs, and any other costs or expenses, the award of which a court of competent jurisdiction may determine to be just and reasonable.
4.4 Hazardous Substances. For purposes of this Agreement, “Hazardous Substances” shall mean any and all of the following:
a. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability arises for misuse, pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C. §9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §6901, et seq.; the Toxic Substances Control Act, 15 U.S.C.S. §2601, et seq.; the Clean Water Act, 33 U.S.C. §1251, et seq.; the Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. §136, et seq.; the Superfund Amendments and Reauthorization Act, 42 U.S.C. §6901, et seq.; the Clean Air Act, 42 U.S.C. §7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f, et seq.; the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq.; the Surface Mining Control and Reclamation Act, 30 U.S.C. §1201, et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C. §11001, et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§655 and 657; the Hazardous Waste Control Act, California Health and Safety Code (“H.&S.C.”) §25100, et seq.; the Hazardous Substance Account Act, H.&S.C.§25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act,
H.&S.C. §25249.5, et seq.; the Underground Storage of Hazardous Substances, H.&S.C. §25280, et seq.; the Carpenter-Presley-Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seq.; the Hazardous Waste Management Act, H.&S.C. §25170.1, et seq.; the Hazardous Materials Response Plans and Inventory, H.&S.C. §25001, et seq.; the Porter-Cologne Water Quality Control Act, Water Code §13000, et seq., all as they may from time to time be amended; and
b. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature.
SECTION 5. RECORDS AND AUDIT
5.1 Records and Audit. At Owner’s request, Contractor shall make available to Owner, its authorized agents, officers, or employees, for audit, photocopy or compilation, any and all ledgers, books of accounts, invoices, payrolls, vouchers, cancelled checks, correspondence, internal memoranda, calculations, drafts, and other records or documents evidencing or relating to the performance of the Services (hard copy or electronic), expenditures and disbursements charged to Owner in connection with the Services. Contractor shall maintain such documents for at least three (3) years following completion of the Services. Such rights shall be specifically enforceable.
SECTION 6. INSURANCE
6.1 Maintenance of Insurance. Prior to the beginning of and throughout the term of this Agreement, Contractor will maintain insurance in conformance with requirements established by City for the type of Services being performed. Contractor acknowledges that prior to the Effective Date of this Agreement, City provided to Contractor the applicable insurance requirements, a copy of which are attached hereto as Exhibit “E” [Insurance]. Contractor acknowledges that the insurance coverage and policy limits provided by City constitute the minimum amount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this Agreement and which are applicable to a given loss, will be available to the City.
6.2 Subcontractors Insurance. Contractor agrees to ensure that subcontractors, and any other party involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor.
Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
6.3 Modification of Insurance Provisions. The City Manager may make reasonable amendments to the insurance requirements of this section, with the written concurrence of the Finance Director or Risk Manager, in accordance with Section 9.19
[Administration and Implementation] after considering the Scope of Services, potential liabilities, and the required level of insurance to adequately protect the City.
SECTION 7. BONDS
7.1 Performance and Payment Bonds. If required by law or specifically required by City as set forth in Exhibit “E” [Bonds Required], attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with Contractor’s execution of this Agreement, but in no event later than the Effective Date of this Agreement, a Performance Bond and/or a Payment Bond in the amount of the total, not-to-exceed compensation indicated in Exhibit B, and in a form provided or approved by the City.
7.2 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 affected bond within 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 Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, without further notice from City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City.
To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety.
7.3 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. 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.
SECTION 8. TERMINATION
8.1 Termination and Suspension. City may, with or without cause, direct Contractor to suspend, delay or interrupt Services, in whole or in part, for such periods of time as City may determine in its sole discretion. City may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should Contractor commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of City’s written notice to Contractor demanding such cure, in which case Contractor shall be liable to City for all
loss, cost, expense, damage and liability resulting from such breach and termination.
City may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever City determines that such termination is in City’s best interests, in which case Contractor shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. Contractor shall continue its work throughout the course of any dispute, and Contractor’s failure to continue work during a dispute shall be a material breach of this Purchase Order.
SECTION 9. GENERAL PROVISIONS
9.1 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
9.2 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services 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 Services until the same is fully completed and accepted by City.
9.3 Conflict of Interest. Contractor represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement.
Without limitation, Contractor represents to and agrees with City that Contractor has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing City services hereunder, including but not limited to, any interest (financial, shared ownership, shared management, shared directors, or reporting responsibilities) Contractor may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, Contractors, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.
9.4 Confidentiality. Any information, whether proprietary or not, made known to or discovered by Contractor during the performance of or in connection with this Agreement for City, will be kept confidential and not be disclosed to any other person.
Contractor will immediately notify City in writing if it is requested to disclose any information made known to or discovered by Contractor during the performance of or in connection with this Agreement. These conflict of interest, confidentiality and future service provisions and limitations shall remain fully effective indefinitely after termination of services to City hereunder.
9.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of the Agreement.
9.6 Governing Law. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles.
9.7 Integration. This Agreement, including the attached Exhibits “A” through “E”, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other prior agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding.
9.8 Severability. If a term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
9.9 Prohibited Interests. Contractor represents 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 Agreement. 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 Agreement.
9.10 Amendments. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the San Marino Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for amendments or modifications to be in writing cannot be waived and that any attempted waiver shall be void.
9.11 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
9.12 Delivery of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be given to the respective parties at the addresses listed in Exhibit “C”, or at such other address as the respective parties may provide in writing for this purpose. Such notice shall be deemed made when personally
delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
9.13 Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
9.14 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party or any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.
9.15 Subcontracting. Contractor shall not subcontract any portion of the Services, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions of this Agreement.
9.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
9.17 Authority to Execute. The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder.
9.18 Administration and Implementation. This Agreement shall be administered and executed by the City Manager or his or her designated representative.
The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 9.10 [Amendment] and the City Manager’s contracting authority under the City’s Municipal Code.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
“CITY”
CITY OF San Marino
Dr. Marcella Marlowe
City Manager
ATTEST:
_____________________________
Christina Baker, City Clerk
APPROVED AS TO FORM:
_____________________________
Joe Montes, City Attorney
“CONTRACTOR”
Dynamic Building Maintenance
By:
Name:
Title:
By:
Name:
Title:
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE OF PERFORMANCE
The Attached Scope of Services also includes the following items:
1. An additional day of “Daily Services” for the Crowell Public Library as detailed in Section 3.03 of the attached Scope of Services. This service will occur on Sunday nights at 10:00 PM
2. Addition of services specifically for the Restroom Areas of the Crowell Public Library on Monday through Thursday at 4:00 PM and Saturday at 2:00 PM
EXHIBIT “B”
COMPENSATION
The Attached Compensation Schedule also includes the following items:
1. For the additional day of “Daily Services” for the Crowell Public Library as detailed in Section 3.03 of the attached Scope of Services on Sunday nights at 10:00 PM, as well as services specifically for the Restroom Areas of the Crowell Public Library on Monday through Thursday at 4:00 PM and Saturday at 2:00 PM, Contractor’s total compensation shall not exceed Nine Thousand Six Hundred Ninety Six Dollars ($9,696.00)
EXHIBIT “C”
REPRESENTATIVES
CITY’S REPRESENTATIVE
City of San Marino
Parks and Public Works Department
Attn: Director of Parks and Public Works/City Engineer
2200 Huntington Dr
San Marino, CA 91108
CONTRACTOR’S REPRESENTATIVE
Dynamic Building Maintenance
Attn: Arturo Ojeda
4187 Flat Rock Drive Ste 300
Riverside, CA 92505
EXHIBIT “D”
BONDS REQUIRED
No Bonds Required
EXHIBIT “E”
INSURANCE REQUIREMENTS FOR CITY OF SAN MARINO
Contractor’s Duty to Show Proof of Insurance. Contractor shall 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 the Contractor, its agents, representatives, or employees.
Coverage shall be at least as broad as:
Commercial General Liability (CGL)
Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project / location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
Automobile Liability
If the Contractor or the Contractor’s officers, employees, agents, representatives or subcontractors utilize a motor vehicle in performing any of the work or services under the Agreement Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if Contractor provides written verification it has no employees) Professional Liability (Errors and Omissions)
Insurance appropriates to the Contractor’s profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If the Contractor maintains broader coverage and / or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and / or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Application of Excess Liability Coverage
Contractor may use a combination of primary, and excess insurance policies which provide coverage as broad as (“follow form” over) the underlying primary policies, to satisfy the Required Insurance Provisions.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured / Waiver of Subrogation
The City, its officers, officials, employees, agents and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance shall be primary for insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Reporting: Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or its officers, officials employees, agents or volunteers.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
Verification of Coverage
Contractor shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
Insurance Limits
The limits of insurance described herein shall not limit the liability of the Contractor and Contractor’s officers, employees, agents, representatives or subcontractors. Contractor’s obligation to defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the PO for Contractor to procure and maintain a policy of insurance.
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Well-Maintained Infrastructure
• Fiscally Responsible and Transparent City Government
BACKGROUND
Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017, is a multi-layer tax initiative meant to generate revenue for infrastructure repairs and improvements. In order to qualify for potential SB 1 funding, the City Council is asked to approve a resolution and an accompanying list of projects that would be eligible for funding. Additionally, should the City receive funding, the City is required to seek public input when creating a project list as well as utilizing a pavement management system to ensure efficiency and cost effectiveness.
DISCUSSION
All streets in San Marino are eligible for Fiscal Year 2022-23 SB 1 funding and the Parks and Public Works Department will be using the publicly-adopted 2018 San Marino Pavement Management Plan to select those streets (Attachment 3). The streets included on the maps (Attachment 3) are scheduled to be rehabilitated next fiscal year.
FISCAL IMPACT & PROCUREMENT REVIEW
Approval of this resolution would qualify the locations specified by the City for $299,681 in SB 1 funding for Fiscal Year 2022-23. The funding would supplement revenue provided by Capital TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Robert Newman, Interim Parks and Public Works Director/City Engineer Robert Bauman, Management Analyst
DATE: May 11, 2022
SUBJECT: APPROVAL OF RESOLUTION NO. R-22-19, ADOPTING A LIST OF STREET PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member
Improvement Fund 394, and depending on the street segment listed above, could constitute up to 100 percent of the total construction cost for certain street segments.
LEGAL REVIEW
The City Attorney reviewed the staff report and approved it as to legal form.
RECOMMENDATION
Staff recommends the City Council approve Resolution No. R-22-19, adopting a list of fiscal year 2022-23 SB 1 projects. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve Resolution No. R-22-19 adopting a list of Fiscal Year 2022-23 projects to be funded by SB 1 Road Maintenance and Rehabilitation Account Funds.”
ATTACHMENTS
1. Resolution R-22-19
2. Local Streets and Roads-Projected Revenues
3. Street Pavement Locations
RESOLUTION NO. R-22-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
MARINO, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR
FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City are aware of the projects proposed for funding in the community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and.
WHEREAS, the City, will receive an estimated $299,681 in RMRA funding in Fiscal Year 2022- 23 from SB 1; and
WHEREAS, this is the fourth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has conducted a robust public process to ensure public input into the community’s transportation priorities/the project list, including approval of this resolution at the City Council meeting held on May 11, 2022; and
WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City reconstruct, maintain and rehabilitate streets and roads throughout the City this year and similar projects into the future; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in good condition and this revenue will help us increase the overall quality of the City’s road system and over the next decade will bring the City’s streets and roads into an excellent condition; and
WHEREAS, the SB 1 project list and overall investment in the City’s local street and road infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant
positive co-benefits statewide.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Marino, California as follows:
SECTION 1. The recitals set forth above are true and correct and incorporated herein as if set forth in full.
SECTION 2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues:
A. Local Street Rehabilitation Project 22-9271; which involves:
a. Resurfacing Afton Road from Granada Avenue to Oak Knoll Avenue
b. Resurfacing Chaucer Road from Chester Avenue to Canterbury Road
c. Resurfacing Duarte Road from Rose Avenue to 150’ east of Rose Avenue
d. Resurfacing Sherwood Road from San Marino Avenue to Ridgeway Road
e. Resurfacing Huntington Drive E/B from Warwick Road to PCC f. Resurfacing Huntington Drive E/B from Cambridge Road to Bedford Road
g. Resurfacing Huntington Drive E/B from Monterey Road to Ridgeway Road
h. Resurfacing Los Robles Avenue from Northern City Limits to Mission Street
i. Resurfacing San Marino Avenue from Stratford Road to Euston Road
j. Resurfacing Sierra Madre Boulevard from California Boulevard to Lombardy Road
k. Resurface Pasqualito Drive from El Molino Avenue to Granada Avenue
l. Resurface Marino Terrace from Cul-de-Sac to north of Monterey Road
m. Resurfacing Mesa Road from Virginia Road to Oak Grove Avenue n. Resurfacing Orlando Road from Oxford Road to San Marino Avenue
o. Resurfacing Ridgeway Road from Melville Drive to Adair Street p. Resurfacing Roanoke Road from Granada Avenue to Chelsea Road
q. Resurfacing Plymouth Road from Los Robles Avenue to El Molino Avenue
r. Resurfacing Windsor Road from Huntington Drive to Roanoke Road s. Resurfacing Windsor Road from Roanoke Road to Lorain Road This project has a 20-year estimated useful life; to be constructed in 2022- 23 SECTION 3. The following previously proposed and adopted projects may also utilize Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State the City’s intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
A. Huntington Drive street rehabilitation; deep mill and fill with spot reconstruction; 20 year estimated useful life; to be constructed in 2022-23.
SECTION 4. The City Clerk shall certify to the adoption of the resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED, at a meeting of the City Council of the City of San Marino, California, on this 11th day of May, 2022.
SUSAN JAKUBOWSKI, MAYOR
ATTEST:
CHRISTINA BAKER, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SAN MARINO )
I, Christina Baker, City Clerk of the City of San Marino, California, hereby certify that Resolution No. R-22-19 was adopted by the City Council of the City of San Marino at a regular meeting held on the 11th day of May, 2022, and that the same was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
CHRISTINA BAKER, CITY CLERK
CITY OF SAN MARINO
ATTACHMENT B
Local Streets and Roads - Projected FY2022-23 Revenues
Based on State Dept of Finance statewide revenue projectionsEstimated January 2022 TOTAL Road Mntnc Sec2103 (5) Sec2105 (3) Sec2106 (3) Sec2107 (3) Sec2107.5 (4) HUTA Rehab Acct Highway Users Tax Acct (HUTA)(1) Streets & Highways Code TOTAL PASADENA 1,431,118 937,492 526,548 1,280,765 10,000 4,185,923 3,312,201 7,498,124 PICO RIVERA 407,479 622,033 231,577 556,682 7,500 1,825,271 1,439,642 3,264,914 POMONA 1,490,340 976,287 548,138 1,333,765 10,000 4,358,531 3,449,265 7,807,796 RANCHO PALOS VERDES 410,142 268,674 154,327 367,052 6,000 1,206,195 949,238 2,155,433 REDONDO BEACH 657,401 430,648 244,471 588,334 7,500 1,928,354 1,521,498 3,449,852 ROLLING HILLS (2)
ROLLING HILLS ESTATES 79,757 52,247 33,877 71,378 2,000 239,259 184,591 423,851ROSEMEAD 534,101 349,877 199,519 477,989 7,500 1,568,986 1,236,132 2,805,118 SAN DIMAS 334,895 219,382 126,894 299,711 6,000 986,883 775,087 1,761,970 SAN FERNANDO 243,802 159,709 93,684 218,188 6,000 721,383 564,259 1,285,642 SAN GABRIEL 257,719 393,418 148,230 352,086 6,000 1,157,453 910,533 2,067,985 SAN MARINO 129,485 84,822 52,007 115,881 3,000 385,195 299,681 684,876 SANTA CLARITA 2,182,261 1,429,549 800,395 1,952,994 10,000 6,375,199 5,050,659 11,425,857 SANTA FE SPRINGS 178,552 116,966 69,895 159,794 4,000 529,207 413,244 942,452 SANTA MONICA 599,816 915,641 338,619 819,444 7,500 2,681,020 2,119,174 4,800,194 SIERRA MADRE 107,521 70,435 43,999 96,225 3,000 321,181 248,849 570,030 SIGNAL HILL 74,951 114,416 46,513 102,395 3,000 341,275 264,806 606,081 SOUTH EL MONTE 209,744 137,399 81,267 187,709 5,000 621,118 485,435 1,106,554 SOUTH GATE 950,950 622,945 351,491 851,043 7,500 2,783,930 2,200,893 4,984,823 SOUTH PASADENA 165,606 252,804 96,966 226,244 6,000 747,620 585,093 1,332,714 TEMPLE CITY 356,780 233,718 134,872 319,297 6,000 1,050,667 825,737 1,876,404 TORRANCE 1,432,418 938,344 527,022 1,281,929 10,000 4,189,712 3,315,210 7,504,922 VERNON 2,905 1,903 5,859 2,600 1,000 14,268 6,724 20,993 WALNUT 293,845 192,491 111,928 262,974 6,000 867,237 680,079 1,547,316 WEST COVINA 1,044,958 684,528 385,764 935,176 10,000 3,060,427 2,418,468 5,478,895 WEST HOLLYWOOD 355,795 233,073 134,513 318,415 6,000 1,047,797 823,457 1,871,254 WESTLAKE VILLAGE 81,451 53,357 34,495 72,894 2,000 244,197 188,512 432,709 WHITTIER 848,944 556,124 314,302 759,754 7,500 2,486,624 1,964,809 4,451,433 20 January 2022 CaliforniaCityFinance.com
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Scenario Treatments
15-year PMP Plan - 2022 Project Period - Printed: 4/26/2021 City of San Marino, CA
Test
Feature Legend
RECONSTRUCT SURFACE (AC)
SEAL CRACKS
SLURRY SEAL
THICK AC OVERLAY W/ DIGOUTS
THIN AC OVERLAY W/ DIGOUTS
Scenario Treatments
15-year PMP Plan - 2023 Project Period - Printed: 4/26/2021 City of San Marino, CA
Test
Feature Legend
RECONSTRUCT SURFACE (AC)
SEAL CRACKS
SLURRY SEAL
THICK AC OVERLAY W/ DIGOUTS
THIN AC OVERLAY
THIN AC OVERLAY W/ DIGOUTS
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Efficient, Responsive, and Effective City Services
• Fiscally Responsible and Transparent City Government
BACKGROUND
San Marino has a long history of successful and well-attended 4th of July celebrations. This is due to the dedicated planning of the Lacy Park Fireworks Show by Community Services staff, and the additional events put on by the San Marino Rotary Club, the San Marino City Club, and the JP Blecksmith Leadership Foundation. The 4th of July Parade has been put on by the San Marino Rotary Club since 2008, with many volunteers having had a hand in it since 1965. The JP Blecksmith Run has been an addition to the 4th of July festivities since 2005 as a fundraiser for the JP Blecksmith Leadership Foundation. The 4th of July Pavilion continues to be a hosted area of the Lacy Park festivities.
DISCUSSION
Over time, the City has worked to formalize its processing of special events. In past years, the City has assigned staff time and resources in partnership with these community organizations through an informal recognition of their relationship to the City’s event. This year, to formalize the process, all outside organizations wishing to host these events were asked to submit a formal Special Event Application to document the authorization of these activities. Since these events are hosted, organized, and run by organizations separate from City Staff, it is best practice to have an application that records the details of the events and who is responsible for these activities. Detailed responsibility of events held by outside organizations in partnership TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Nicole Cuadras, Community Engagement Manager
DATE: May 11, 2022
SUBJECT: APPROVAL OF A REQUEST TO WAIVE THE SPECIAL
EVENT PERMIT FEES FOR 4
TH OF JULY COMMUNITY PARTNER
EVENTS
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member
with the City also limits the risk and liability of the City for events we are not responsible for.
Additionally, over the years, the details of all of the Fourth of July festivities have been passed down through institutional knowledge, so the documentation of these activities allows for future staff to follow the history of these events and authorizations.
Staff is working through the event application process for all three events with the appropriate organizations and is working diligently to plan for the return of all 4th of July festivities this year.
In anticipation of processing these applications successfully, staff would like to request City Council authorization to waive fees associated with these events (space reservation, staff time for public safety standby, etc.).
FISCAL IMPACT & PROCUREMENT REVIEW
The fiscal impact would be the staff time and processing fees associated with the Special Event Permits for the 4th of July Pavilion, 4th of July Parade, and the JP Blecksmith Run. The City, as a practice, has never required fees for these events before this year; this would only be a formalization of the process done in years past.
LEGAL REVIEW
The City Attorney has reviewed the staff report and approved it as to legal form.
RECOMMENDATION
Staff recommends that the City Council waive the Special Event Permit fees associated with the 4 th of July Pavilion, 4th of July Parade, and the JP Blecksmith Run. If the City Council agrees with staff’s recommendation, an appropriate motion would be:
“I move to waive the Special Event Permit fees associated with the 4 th of July Pavilion, 4th of July
Parade, and the JP Blecksmith Run.”
ATTACHMENTS
None.
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Efficient, Responsive, and Effective City Services
• Fiscally Responsible and Transparent City Government
BACKGROUND
San Marino voters approved the adoption of a special tax in November 1980 on parcels of real property within the City. The special tax is to be used for the purposes of obtaining, providing, operating, and maintaining paramedic services, police equipment or apparatus therefor; paying the salaries and benefits to paramedic, police protection, and firefighting protection and prevention personnel; and for other necessary paramedic expenses, police protection expenses, and fire protection and prevention expenses of the City of San Marino. The parcel tax has been approved by the voters in eleven subsequent elections; it was most-recently approved as Ordinance No. O-19-1351 for Fiscal Years beginning July 1, 2020 and ending June 30, 2025.
Exhibit 1 to Ordinance No. O-19-1351 established the maximum special tax to be levied for each property zone for Fiscal Years 2021, 2022, 2023, 2024, and 2025. The annual maximum amounts specified in the Ordinance increase by 5% each year over the previous year’s maximum amount.
The City Council must set the actual tax amount for each zone each year. From time to time, the City Council has acted to increase the levy to amounts that were less than the maximums established in the Ordinance. For the ten-year period of FY 2010-11 through FY 2019-20, the parcel tax was increased seven times. Six of these seven times, the annual increase was 5% while in FY 2018-19, the tax was increased by 2%. For FY 2019-20, FY 2020-21, and FY 2021-22, there was no increase.
TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Paul Chung, Finance Director
Mark Siegfried, Accounting Manager/Controller
DATE: April 13, 2022
SUBJECT: APPROVAL OF RESOLUTION TO ESTABLISH FISCAL YEAR 2022- 23 PUBLIC SAFETY SPECIAL TAX LEVY
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member
DISCUSSION
Staff is recommending no increase in the public safety parcel tax rates compared to prior years as residents are already feeling the effects of inflationary pressures on other goods and products due to supply chain issues, as well as other geopolitical concerns affecting the economy. The revenue estimate for the public safety parcel tax that will be included in the FY 2022-23 Proposed Operating and Capital Budget is based on the assumption that the parcel tax amounts will increase by 0% for FY 2022-23.
If the City Council decides on an increase, the tax will offset the amount that the General Fund subsidizes for paramedic expenses, police protection expenses, and fire protection and prevention expenses in the City.
FISCAL IMPACT & PROCUREMENT REVIEW
Staff is recommending no increase to the parcel tax next year. The anticipated total collection will be approximately $3,425,500 and will be included with the FY 2022-23 Proposed Operating and Capital Budget.
If Council were to choose to increase the public safety parcel tax rate, each percentage increase would generate approximately $14,200 of revenue.
This report requires no procurement review.
LEGAL REVIEW
The City Attorney’s office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends that the City Council approve a public safety parcel tax levy of $3,425,500. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve Resolution No. R-22-15 establishing the Public Safety Special Tax Levy for Fiscal Year 2022-23.”
ATTACHMENTS
1. Resolution No. R-22-15 Establishing the Public Safety Special Tax Levies for Fiscal Year 2022- 23 2. Exhibit A to Resolution No. R-22-15, Maximum Special Tax Levies
3. Exhibit B to Resolution No. R-22-15, FY 2021-22 and FY 2022-23 Rates and Estimated FY 2022-23 Total Levy
4. Ordinance No. O-19-1351 and Exhibit 1
THIS PAGE LEFT BLANK INTENTIONALLY
RESOLUTION NO. R-22-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN MARINO, CALIFORNIA, REESTABLISHING THE
PUBLIC SAFETY SPECIAL TAX LEVIES FOR FISCAL
YEAR 2022-23
WHEREAS, in November 2019, the voters adopted Ordinance No. O-19-1351, reestablishing the public safety special tax; and
WHEREAS, the City Council is empowered to establish amounts of tax levy annually each fiscal year in amounts not to exceed maximum levies established in Ordinance No. O-19- 1351; and
WHEREAS, the City Council has considered budgetary matters and proposes a levy that is 0% greater than the fiscal year 2021-22 levy and is below the approved maximum levy for fiscal year 2022-23 as approved as Exhibit 1 to Ordinance No. O-19-1351.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MARINO, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1. The public safety special tax shall be assessed as follows for fiscal year 2022-23:
PUBLIC SAFETY SPECIAL TAX LEVY
AND ASSESSMENT AMOUNTS
FOR FISCAL YEAR 2022-23
POLICE/FIRE PARAMEDIC
ZONES COMPONENTS COMPONENT
RES I 1,257.66 70.38
RES II 1,102.62 70.38
RES III 919.02 70.38
RES IV 792.54 70.38
RES V 603.84 70.38
RES VI 483.48 70.38
RES VII 419.22 70.38
COM I 1,006.74 70.38
COM II 1,572.84 70.38
COM III 2,726.46 70.38
UNIMPR 230.52 70.38
SPLIT 168.30 70.38
PASSED, APPROVED, AND ADOPTED, at a Regular Meeting of the City Council of the City of San Marino, California, on this 13th day of April, 2022. ______________________________________
SUSAN JAKUBOWSKI, MAYOR
CITY OF SAN MARINO
ATTEST:
__________________________________
CHRISTINA BAKER, CITY CLERK
CITY OF SAN MARINO
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SAN MARINO )
I, Christina Baker, City Clerk of the City of San Marino, California, hereby certify that Resolution No R-22-15 was adopted by the City Council of the City of San Marino at a Regular Meeting held on the 13th day of April, 2022, and that the same was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
CHRISTINA BAKER, CITY CLERK
CITY OF SAN MARINO
Resolution R-22-15
Exhibit A
Zones
Police/Fire
Components
Paramedic
Component
Police/Fire
Components
Paramedic
Component
Police/Fire
Components
Paramedic
Component
Police/Fire
Components
Paramedic
Component
Police/Fire
Components
Paramedic
Component
RES I 1,321 74 1,387 78 1,456 81 1,529 86 1,605 90
RES II 1,158 74 1,216 78 1,276 81 1,340 86 1,407 90
RES III 965 74 1,013 78 1,064 81 1,117 86 1,173 90
RES IV 832 74 874 78 917 81 963 86 1,012 90
RES V 634 74 666 78 699 81 734 86 771 90
RES VI 508 74 533 78 560 81 588 86 617 90
RES VII 440 74 462 78 485 81 510 86 535 90
COM I 1,057 74 1,110 78 1,165 81 1,224 86 1,285 90
COM II 1,651 74 1,734 78 1,821 81 1,912 86 2,007 90
COM III 2,863 74 3,006 78 3,156 81 3,314 86 3,480 90
UNIMPR 242 74 254 78 267 81 280 86 294 90
SPLIT 177 74 186 78 195 81 205 86 215 90
UNASSESS - 74 - 78 - 81 - 86 - 90
Maximum Special Tax Levies
Source: Exhibit 1 to Ordinance No. O-19-1351
Fiscal Year 2020-21 Fiscal Year 2021-22 Fiscal Year 2022-23 Fiscal Year 2023-24 Fiscal Year 2024-25
THIS PAGE LEFT BLANK INTENTIONALLY
INCREASE
POLICE/FIRE PARAMEDIC POLICE/FIRE PARAMEDIC FROM POLICE/FIRE PARAMEDIC
ZONE COMPONENTS COMPONENT COMPONENTS COMPONENT PRIOR YEAR COMPONENTS COMPONENT RES I 1,257.66 70.38 1,257.66 70.38 0% 1,455.90 81.47
RES II 1,102.62 70.38 1,102.62 70.38 0% 1,276.42 81.47
RES III 919.02 70.38 919.02 70.38 0% 1,063.88 81.47
RES IV 792.54 70.38 792.54 70.38 0% 917.46 81.47
RES V 603.84 70.38 603.84 70.38 0% 699.02 81.47
RES VI 483.48 70.38 483.48 70.38 0% 559.69 81.47
RES VII 419.22 70.38 419.22 70.38 0% 485.30 81.47
COM I 1,006.74 70.38 1,006.74 70.38 0% 1,165.43 81.47
COM II 1,572.84 70.38 1,572.84 70.38 0% 1,820.76 81.47
COM III 2,726.46 70.38 2,726.46 70.38 0% 3,156.22 81.47 SPLIT 168.30 70.38 168.30 70.38 0% 194.83 81.47
UNIMPR 230.52 70.38 230.52 70.38 0% 266.86 81.47
FY 2021-22 FY 2022-23 FY 2022-23
EXHIBIT B
FY 2021-22 AND FY 2022-23 RATES
APPLIED RATE RECOMMENDED RATE MAXIMUM RATE
TOTAL TOTAL COMBINED
POLICE/FIRE PARAMEDIC
ZONE PARCELS COMPONENTS COMPONENT TOTAL
RES I 286 $ 359,691 $ 20,129 $ 379,819
RES II 379 $ 417,893 $ 26,674 $ 444,567
RES III 20 $ 18,380 $ 1,408 $ 19,788
RES IV 343 $ 271,841 $ 24,140 $ 295,982
RES V 1,509 $ 911,195 $ 106,203 $ 1,017,398
RES VI 702 $ 339,403 $ 49,407 $ 388,810
RES VII 1,219 $ 511,029 $ 85,793 $ 596,822
COM I 33 $ 33,222 $ 2,323 $ 35,545
COM II 85 $ 133,691 $ 5,982 $ 139,674
COM III 36 $ 98,153 $ 2,534 $ 100,686
SPLIT 3 $ 505 $ 211 $ 716
UNIMPR 19 $ 4,380 $ 1,337 $ 5,717
4,634 $ 3,099,383 $ 326,141 $ 3,425,524
EXHIBIT B
ESTIMATED FY 2022-23 TOTAL LEVY