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and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by «Consultant_Contact» (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his 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.
10.8 City Contract Administration. This Agreement shall be administered by a City employee,Jeff Johnson, Information Services & Technology Manager (“Contract Administrator”).
All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
«Consultant»
Attn: «Consultant_Contact»
«Address»
«City», «State» «Zip_Code»
Any written notice to City shall be sent to the Contract Administrator at:
City of Yorba Linda
4845 Casa Loma Ave
Yorba Linda, CA 92886
Attn: Jeff Johnson, Information Services & Technology Manager with a copy to:
City Clerk
City of Yorba Linda
4845 Casa Loma Ave
Yorba Linda, CA 92886
10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
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__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of
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Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF YORBA LINDA
«City_Signature»
Attest:
Marcia Brown, City Clerk
Approved as to Form:
Todd Litfin, City Attorney
CONSULTANT
«Consultant_Signature_1»
«Consultant_Signature_2»
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include «Contract_Title» services in the amount not to exceed «CONTRACT_AMOUNT_SPELLED_OUT» («Contract_Amount») as further detailed in the following page(s).
[ATTACH SCOPE OF WORK AND OTHER DETAILS SPECIFIC TO THE PROJECT]
2905
/009410-1001
19412602.3 a11/17/23 EXHIBIT A
.
TruePoint Solutions 1 WWW.TruePointSolutions.Com
Service and Support Proposal
11/16/2023
TruePoint Solutions 2 WWW.TruePointSolutions.Com
Table of Contents
I. Vendor Background & Qualifications ........................................ 3 TruePoint Company History ........................................................................................3 II. TruePoint Staff........................................................................................................3 III. Project Scope.............................................................................. 5 Project Understanding..................................................Error! Bookmark not defined.
Proposed Services.......................................................Error! Bookmark not defined.
Services Costs............................................................................................................6
TruePoint Solutions 3 WWW.TruePointSolutions.Com
I. Vendor Background & Qualifications
TruePoint Company History
TruePoint Solutions, LLC is a privately held software and solutions company based in the Sacramento region. We bring an unparalleled level of experience designing, developing, implementing, and supporting complex government IT solutions. Our team has an average of 15+ years of public sector IT experience.
TruePoint Solutions was established in 2004 and became an Accela certified implementation partner in early 2005. Current implementation projects which TruePoint is involved include:
TruePoint Solutions 4 WWW.TruePointSolutions.Com
II. TruePoint Staff
TruePoint will assign talented staff that have in-depth knowledge of your current implementation. Below is a summary of team members and Accela experience.
Keith Hobday will be the main point of contacts for this engagement and ultimately responsible for all members of the TruePoint team.
TruePoint Solutions 5 WWW.TruePointSolutions.Com
III. Project Scope
Project Understanding
TruePoint Solutions appreciates the opportunity to continue to work with the City to enhance the utilization of your Accela Civic Platform and Infor products and support the day to day needs of your end users. As we support your needs, we will also focus on knowledge transfer of key product features.
TruePoint Solutions proposes a blanket as needed support agreement to work with your staff to support and enhance the products. TruePoint can advise, configure, support and train all aspects of the platforms and currently works with over 100 customers in a support role.
Proposed Services
As Needed Expert Support and General Maintenance
This service will provide day-to-day as needed or on-call support for the Accela products. Training as need. Training can be done on-site or remotely. Advise on how to most efficiently configure the Accela Civic Platform based on experience we have gained from over 130 customers.
Misc. Configuration changes as requested.
Scripting for business process automation
Fee configuration and enhancements
Report Development and Support using Ad-Hoc, Crystal, SSRS or Power BI ACA support and enhancements
Accela Mobile support
Accela GIS support
Day-to-day phone support and issue resolution
Version upgrade support testing
Custom integration support
Electronic Plan Review Support
TruePoint Solutions 6 WWW.TruePointSolutions.Com
Services Costs
Tasks Hours Rate Total Comment
Business Analyst 60 $165 $9,900
Total Budget $9,900.00
Services will be billed monthly on a T@M hourly basis as work is requested by the County.
SIGNATURE
Agency acknowledges that it has read this SOW, understands it and agrees to be bound by its terms and conditions. The parties agree that this Agreement cannot be altered, amended or modified, except in writing that is signed by an authorized representative of both parties.
Accepted
City of Yorba Linda, CA.
Accepted
TruePoint Solutions
By:
By:
Print Name: Print Name: Keith Hobday
Title: Title: Partner
Date: Date:
PARKS AND RECREATION DEPARTMENT
DATE: NOVEMBER 21, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE KUDRON, DIRECTOR OF PARKS AND RECREATION
PREPARED BY: BRAD SKEENE, PARKS AND FACILITIES
SUPERINTENDENT
SUBJECT: AWARD OF CONTRACT – VISTA DEL VERDE PARK SPORT COURT
IMPROVEMENT PROJECT
RECOMMENDATION
It is recommended that the City Council take the following actions:
• Approve plans and specifications for the Vista Del Verde Park Sport Court Improvement Project; and
• Authorize a supplemental budget appropriation from Park In-Lieu funding of $180,497 to the Capital Improvement Fund project 4010050-461660-PR231001 for the Vista Del Verde Park Sport Court Improvement Project; and
• Award the contract for construction of the Vista Del Verde Park Sport Court Improvement Project to RG General Engineering, Inc., of Norco, CA in the amount of $565,882.00 and reject all other bids, and
• Authorize the Mayor to sign and City Clerk to attest said agreement.
BACKGROUND
In September 2023, the advertisement of formal competitive bids for the Vista Del Verde Park Sport Court Improvement Project (lighted basketball court with pickleball overlay) were released and published. The scope of work for this project includes site clearing, earthwork, grading, drainage improvements, concrete hardscape improvements, electrical improvements, installation of court light poles, concrete wall, fencing, installation of site furnishings, landscape, and irrigation.
DISCUSSION
In accordance with the City’s formal competitive purchasing policy, staff published bid notices and requested proposals from qualified firms to propose on the required scope of work indicated in the Request for Proposals.
AWARD OF CONTRACT – VISTA DEL VERDE PARK SPORT COURT IMPROVEMENT
PROJECT
P a g e | 2
Proposals were received and publicly opened on October 12, 2023, at 9:00 a.m. Four potential firms submitted proposals for the project with the following results:
Bidder City Amount of Bid
1. RG General Engineering, Inc. Norco, CA $ 565,882.00
2. DOJA, Inc. Ontario, CA $ 598,996.00
3. Wakeco, Inc Temecula, CA $ 748,020.70
4. Williamson Development Group Lake Elsinore, CA $ 772,738.87 Staff examined the bids received and determined the lowest responsive bidder is RG General Engineering, Inc. The licenses, references and all other documents are in order.
The project is anticipated to begin the first week of January 2024 and is expected to be completed by the beginning of April 2024.
FISCAL IMPACT
The construction contract of $565,882 with a 15% contingency of $84,882, along with design costs of $79,733, will bring the anticipated project total to $730,497. The City Council approved $550,000 in funding for this project as part of the FY 2023/2024 Capital Improvement Project Budget. Staff is recommending a supplemental budget appropriation in the amount of $180,497 from the Park In-Lieu Fund to the Capital Improvement Fund to project PR231001.
This project is partially funded by the State of California through Proposition 68 and the City of Yorba Linda will be reimbursed $219,994 at the conclusion of the project.
ALTERNATIVES
1. Reject all bids received for the Vista Del Verde Park Sport Court Improvement Project and provide direction to staff.
ATTACHMENTS
1. Contract Services Agreement with RG General Engineering, Inc.
Gontract
Selvlces
Agreement
ClTYnf YOR BA LIHDA
C|TYo/YORBA LINDA
CONTRACT SERV¡CES AGREEMENT
VISTA DEL VERDE PARK SPORT COURT IMPROVEMENT PROJECT
THIS CONTRACT SERVICES AGREEMENT ("Agreement") is made and effective this 21st day of November 2023 by and between the CITY OF YORBA LINDA, a California municipal corporation, ("City") and RG GENERAL ENGINEERING, lNC., a Corporation ("Contractor"). City and Contractor are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties".
City sought, by issuance of a Request for Proposals or lnvitation for Bids, for the performance of the services defined and described particularly in this Agreement.
Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in this Agreement, was selected by City to perform those services. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in this Agreement and desire that the terms of that performance be as particularly defined and described herein.
SECTION 1. SERVICES.
1.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement; Gontractor-shall-provide 1o- Gity-the-services-described-in-the-Seope-ofServices, attached hereto as Exhibit A, "Scope of Services" and incorporated herein by this reference (the "Services"). Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. The Scope of Services incorporates Contractor's scope of work or bid for the Services. ln the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.2 Term of Services. The term of this Agreement shall begin on November 17,2023. Unless earlier terminated in accordance with Section I of this Agreement, this Agreement shall continue in full force and effect until final written approval and acceptance of the work performed under this Agreement by the Contract Administrator.
The time provided to Contractor to complete the Services required by this Agreement shall not affect City's right to terminate this Agreement, as provided for in Section 8.
1.3 Standard of Performance.
a. Qualitv of Work. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at alltimes faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein. 2905/00941 0-1 001
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Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more fïrst-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator.
b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City's own negligence.
c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. ln carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to:
(A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection- ladders; bridges;-gang-planks; confined space-procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Contractorwarrants allwork underthis Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship.
Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non-conformance of the work to this Agreement, commence and prosecute with due diligence allwork necessary to fulfill the terms of the warranty at Contractor's sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. ln addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor's defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, 2905/00941 0-1 001
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CITYo/YORBA LINDA Contract Services Agreement | 2
without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of 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. ln the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.
Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier, hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform allwork on the agreements that fallwithin an apprenticeable occupation in the building and construction trades.
- f.'
-lnspection
and Final -Acceptance: T-he Services-shall- be-performed to the satisfaction of City. City may inspect and accept or reject any of Contractor's work under this Agreement, during performance and/or when completed. City shall reject or finally accept Contractor's work within forty five (45) days after submitted to City. City shall accept work by a timely written acceptance, othen¡rise work shall be deemed to have been rejected. City's acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.
1.4 Assiqnment of Personnel. Contractor shall assign only competent personnel to perform the Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor's staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor's staff and subcontractors, if any, assigned to perform the Services, prior to and during any such performance. ln the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.5 Time. Time is of the essence in the performance of this Agreement.
Contractor shall devote such time to the performance of the Services pursuant to this 2905/00941 0-1 001
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CITY o/YORBA LINDA Gontract Services Agreement | 3
Agreement as may be reasonably necessary to satisfy Contractor's obligations hereunder. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Scope of Services. When requested by Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Administrator but not shall not exceed one hundred eighty (180) days cumulatively.
1.6 Force Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator's determination shall be final and conclusive upon the Parties to this Agreement. ln no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor's sole rêmêdy bëiñg ëxtêlis¡oiì of this AgréêmentTursuâflt t0 this section. --
1.7 Suspension of Services. The City Engineer of City ("Engineer") shall have the authority to suspend the Services, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the Services, or for such time as the Engineer may deem necessary due to the failure on the part of Contractor to carry out orders given or to perform any provisions of the Services. Contractor shall immediately comply with the written order of the Engineer to suspend the Services wholly or in part and shall not resume the Services until ordered to do so in writing by the Engineer. Such suspension shall be without liability to Contractor on the part of City. ln the event a suspension of work is ordered because of failure on the part of Contractor to carry out orders given orto perform any provisions of the Services, such suspension of the Services shall not relieve Contractor of responsibility to complete the Services within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of the Services shall not entitle Contractor to any additional compensation.
1.8 Familiaritv with Work and Worksite. By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services. lf the Services involve work upon any site, Contractor warrants that Contractor 2905/00941 0-1 001
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CITYo/YORBA LINDA Gontract Services Agreement | 4
has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Administrator.
1.9 Further Responsibilities of the Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless othen¡rise specified in this Agreement, neither Party shall be responsible for the service of the other.
SECTION 2. COMPENSATION.
2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed FIVE HUNRED SIXTY FIVE THOUSAND EIGHT HUNDRED EIGHTY TWO DOLLARS ($565,882.00) notwithstanding any contrary indications that may be contained in Contractor's proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section 8.4 herein. ln the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay eontractorfor-the Services render"ed-pursuant-tothis AgreemenFat-the time and in the manner set forth herein. The payments specified in this Section 2 shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement.
Contractor shall submit all invoices to City in the manner specified herein.
2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Contractor's rates as specified in the Scope of Services, provided that time estimates are provided for the performance of subtasks, or (iv) such other methods as may be specified in the Scope of Services. ln no event shall compensation exceed the amount set forth in Subsection 2.1.
2.3 lnvoices. Contractor shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Subcontractor charges shall also be detailed by such categories. lnvoices shall contain:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
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CITYof YORBA LINDA Contract Services Agreement | 5
b. The beginning and ending dates of the billing period; c. A "Task Summary" containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City's option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit A; Receipts for expenses to be reimbursed;
The Principals' signatures
lnvoices shall be submitted to
City of Yorba Linda
Attn: Accounts Payable
f.
g
4845 Casa Loma Ave
Yorba Linda, CA 92886
2.4 City Payment of lnvoices. City shall independently review each invoice submitted by Contractor to determine whetherthe work performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor's correct and undisputed invoice. ln the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
Pursuant to California Public Contract Code Section 20104.50, Contractor is notified that for public works Seryices, City's failure to pay undisputed and properly submitted invoices within thirty (30) days shall be subject to interest at the legal rate set forth in Code of Civil Procedure Section 685.010. Any invoice for public works Services determined not to be a proper invoice suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. An invoice returned pursuant to the foregoing shall be accompanied by a writing stating the reasons why the invoice is not proper.
2.5 Retention of Funds, Final Pavment.
a. Contractor hereby authorizes City, in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation The retained funds shall be paid 2905/00941 0-1 001
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to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. ln the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds of up to one hundred fifty percent(150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as provided in this Agreement. b. Notwithstanding Paragraph a, California Public Contract Code Section 22300 permits the substitution of securities for any retention monies withheld by City for public works Services. At the request and expense of Contractor, securities equivalent to the monies withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion of the Services, the securities shall be returned to Contractor. Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. ln the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor. Also at Contractor's expense, Contractor may direct investment of the payments into securities, and Contractor shall receive interest earned on such ¡nvêstmeñrnÞõn thè-sãmê cond¡t¡ors-âsBrovidêd for securitiesdêBosite<f by contractor.
Upon satisfactory completion of the Services, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.
2.6 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. ln no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice. 21 Hourlv Fees. Fees for the Services performed by Contractor on an hourly basis shall not exceed the amounts shown on Exhibit A.
2.8 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. Reimbursable expenses not listed in Exhibit A must be approved in advance by the Contract Administrator, in his or her sole discretion.
Contractor shall not be entitled to any additional compensation for the attendance of meetings reasonably deemed necessary by City for the execution of the Services. 2905/00941 0-1 001
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2.9 Pavment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes. 210 Pavment upon Termination. ln the event that City or Contractor terminates this Agreement pursuant to Section 8, City shall compensate Contractor for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination.
Contractor shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
2.11 No Waiver. Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
SECTION 3. FACILITIES AND EQUIPMENT.
3.1 Contractor Provides Facilities and Equipment. Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. ln no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense.
3.2 Utilitv Relocation. Where applicable, pursuant to California Government Code Section -4215, City is responsible-for removal, relocation,-orproiection of existino main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
3.3 Trenches or Excavations. Pursuant to California Public Contract Code Sections 6705 and 7104, in the event the work included in this Agreement. requires excavations more than four (4) feet in depth, the following shall apply. a. Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class l, Class ll, or Class lll disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement. b. lf the Services involve an estimated expenditure in excess of TwentyFive Thousand Dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by the City Engineer, in advance 2905/00941 0-1001
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of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. lf such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. c. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work shall issue an order or amendment for additional services pursuant to Subsection
8.4 or 8.5 of this Agreement.
d. lf a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement.
Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.
SECTION 4. INSURANCE AND BOND REQUIREMENTS.
Before beginning any work under this Agreement, Contractor, at its own cost and expeRse, shall procure the types and amounts of insurance-listed below and provide certifìed copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor's compensation.
Contractor shall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Contractor acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor's activities or the activities of any person or persons forwhich Contractor is othenruise responsible nor shall it limit Contractor's indemnification liabilities as provided in Section 5. lnsurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "4" or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financialcategory Class Vll or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator's sole discretion. lf this Agreement continues for more than three (3) years 2905/00941 0-1 001
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t,
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duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator.
4.1 Workers' Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers' Compensation lnsurance and Employer's Liability lnsurance for any and all persons employed directly or indirectly by Contractor pursuant to the provisions of the California Labor Code. StatutoryWorkers'Compensation lnsurance and Employer's Liability lnsurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1 ,000,000.00) disease per policy. ln the alternative, Contractor may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of selfinsurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services Þãñrmed-uäilêathîs -A$reemeñt. Puisuãñf 6-Cãl¡foFñi-Lãbor Codá Sêctioh-1860, Contractor is required to secure the payment of compensation to Contractor's employees.
Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:
I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Contractor Initial: þP
4.2 Commercial General and Automobile Liability lnsurance. a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. lf a Commercial General Liability lnsurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the 2905/00941 0-1001
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general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, leased, and non-owned automobiles. b. Minimum Scope of Colreraqe. Commercial general coverage shall be at least as broad as lnsurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as lnsurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including "any auto" and endorsement CA 0025 or equivalent). No endorsement shall be attached limiting the coverage.
c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a "separation of lnsureds" or "severability" clause which treats each insured separately. (i¡i) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liabilitv lnsurance.
a. General Requirements. Contractor, at its own expense, shall maintain professional liabitity insurance appropriate to Contractor's profession. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this additionalfive (S)-year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage. b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
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(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(i¡) lf coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Contractor's sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage. (¡ii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 Pollution Liability lnsurance. Contractor, at its own expense, shall maintain pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MtLL|ON DOLLARS ($1,000,000.00) per pollution incident and ONE MILLION DOLLARS ($1,000,000.00) in the general aggregate. The policy shall apply to any - incidents at or from any-location on which Gontractor-performs the Services under-this Agreement. The insurance must be maintained for at least one (1) year following the completion of Contractor's services or the expiration or termination of this Agreement.
4.5 All Policies Requirements.
a. Verification of Coveraqe. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: VISTA DEL VERDE PARK SPORT COURT IMPROVEMENT PROJECT. The name and address for additional insured endorsements, certificates of iñsurance and notice of cancellation is: City of Yorba Linda, 4845 Casa Loma Ave, Yorba Linda, CA 92886. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor. b Notice of Reduction in or Cance llation of Coveraoe. Contractor shall provide written notice to City within ten (10) working days if: (1)any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. ln the event any of said policies 2905/00941 0-1 001
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of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator. c. Additional lnsured: Primary lnsurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agenlga uthorized volunteers; and th e ir respective-in su re rs:
d. Deductibles and Self-lnsured Retentions. Contractor shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Contractor may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. e. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
f. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City's interests are othenryise fully protected. 2905/00941 0-1 001
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4.6 Pavment and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secure the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditionaland remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be secured from a surety company rated Grade "4" or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class Vll or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals.
Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor. Without limiting the foregoing, Contractor understands that Civil Code Section 9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).
4.7 Remedies. ln addition to any other remedies at law or equity City may have ifcont¡áCtor fàils1o prov¡dé-oamãiñta¡ñ âny iiîsurãñcê põliêieS 0r pol¡cy êndorcãments to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor's breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 lndemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or othenrise) charges, awards, assessments, fines, or penalties 2905/00941 0-1 001
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of any kind (including costs and expenses incurred by City and reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, "Claims") to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Contractor, its officers, agents, employees, or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 lndemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.
5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. Contractor shall be fully responsible to indemnify City, and failure of City to monitorcompliance with these-provisions shall not be a waiver hereof.
5.4 Limitation of lndemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City's sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity. ln the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection '1.4; however, othenruise City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Contractor shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for 2905/00941 0-1 001
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the fees paid to Contractor as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System ('PERS') as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.
City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7:2 eompliance with Applicable taws. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.
7.3 Prevailino Waqes. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or othenruise that the Services are not a "public work," as defined in Section 1720 of the California Labor Code. lt is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and 2905/00941 0-1 001
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operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state and/or federal prevailing wages andior the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor's failure to pay prevailing wages. b. California Labor Code. The Contractor's attention is directed to Division 2, Parl7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) ln accordancewith Sections 1773and1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of lndustrial Relations and available at https://www.dir.ca.qov/OPRL/2022- 1/PWDiSouthern.html. Copies of the prevailing rates of wages are maintained with City's principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor-Gode-section 1V71.4; Gontraetor'-must submit certified-payroll reeords to the LabsrCommissioner using the Department of lndustrial Relations' electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day's work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours perday at not less than l Tztimes the basic rate of pay.
(v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($2S¡ for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1 , Part 7, Division 2 of the California Labor Code. (vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of 2905/00941 0-1 001
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apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement. (vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of lndustrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor.
c. Biddinq Elioibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of lndustrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunderwith a subcontractorwho is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d DIR M itorino Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of lndustrial Relations.
e. lndemnification Related to Prevailino Waqes. Section 5, lndemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (i¡) the implementation of California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits. Fees, and Assessments. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. ln addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties 2905/00941 0-1 001
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and interest, which may be imposed by law and arise from or are necessary for Contractor's performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of lnterest. Contractor represents, warrants, and covenants that Contractor presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor's obligations and responsibilities under this Agreement. Contractor further agrees that while this Agreement is in effect, Contractor shall not acquire or othenrise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Contractor's obligations and responsibilities under this Agreement.
7.6 Unfair Business Practices Claims. ln entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. $ 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contractor without further acknowledgment of the Parties.
- Annual Appropriation of Fundinq. ln accord with Article 16 Sectionl S of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Contractor acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City's annual appropriation of funds for such Services for each year. lf no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limitthe right of either Party to terminate this Agreement as provided herein.
7.8 Liquidated Damaqes. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City the sum of FIVE HUNDRED DOLLARS ($500.00) as liquidated damages for each working day of delay in the performance of any of the Services. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may terminate this Agreement at any time and without cause upon thirty (30) days'written notification to Contractor. City may also terminate this Agreement pursuant to Subsection 8.8.
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8.2 Termination bv Contractor. Contractor may terminate this Agreement upon sixty (60) days'written notice to City.
8.3 Consequences of Termination. ln the event of termination, Contractor shall be entitled to compensation for the Services satisfactorily performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Administrator.
8.4 Administrative Chanqe Orders. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Administrator to Contractor, incorporating therein any adjustment in (i) the total compensation, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to five percent (5%) of the total compensation or TWENTY-FIVE THOUSAND DOLLARS ($25,000), whichever is less; or in the time to perform of up to one hundred eighty(180) days may be approved in writing by the Contract Administrator. Contractor understands and agrees that, if City grants an extension in time without additional work, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any othenruise reimbursable expenses incurred during the extension period. All other extensions or modifications to this Agreement shall require a written amendment pursuant to Subsection 8.5.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. The Contract Administrator shall have the authority to execute amendments to this Agreement which do not materially change the terms hereof, in the Contract Administrator's discretion, to the extent permitted by applicable federal, state, and local law. The Contract Administrator may refer any proposed amendment to the City Council for review and approval.
8.6 Assignment and Subcontractinq. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract 2905/00941 0-1001
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Administrator. ln the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the expiration or termination of this Agreement.
8.8 Disputes. Default. ln the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any of the Services performed after the date of default. lnstead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, in the sole discretion of the Contract Administrator. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. ln the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. lf Contractor does not cure the default, City's remedies shall include, but not be limited to, any or all of the following:
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement;
c. Retain a different contractor to complete the Services; and/or d. Charge Contractor the difference between the cost to complete the Services that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.
Any failure on the part of City to give notice of Contractor's default shall not be deemed to result in a waiver of City's legal rights or any rights arising out of any provision of this Agreement.
8.9 Claims bv Contractor. Claims, as that term is defined in California Public Contract Code Section 9204, by Contractor and, where applicable, any subcontractor, in connection with a public works project shall by subject to the mediation procedure in California Public Contract Code Section 9204.
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SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Documents and Data. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium (the "Documents and Materials") prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additionalcompensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City's sole risk and without liability to Contractor, and Contractor's guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all dâmâ$êS rêSnlt¡ng ttìêrefrom.
9.2 Licensinq of lntellectual Propertv. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modifo, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials. Contractor makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
9.3 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the "Books and Records"), as shall be necessary to perform the Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Administrator 2905/00941 0-1 001
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shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. ln the event of dissolution of Contractor's business, custody of the Books and Records may be given to City, and access shall be provided by Contractor's successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
9.4 Reports. Contractor shall periodically prepare and submit to the Contract Administrator such reports concerning the performance of the Services required by this Agreement as the Contract Administrator shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Administrator of said fact, circumstance, technique, or event and the estimated increased-or decreasêd cost related thereto and; if Contractor is-providing design services, the estimated increased or decreased cost estimate for the project being designed.
9.5 Confidentialitv. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Administrator or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. lf Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any Claims caused by or incurred as a result of Contractor's conduct.
Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any 290s/00941 0-1 001
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such response does not imply or mean the right by City to control, direct, or rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein. Contractor understands and agrees that it may be required to provide documents to the City to be produced in response to a Public Records Act request.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attornevs' Fees. lf either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys' fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys' fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. ln the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severabilitv. lf any provision of this Agreement is held invalid, the remainder of this Agreement-shall not be affected thereby-and-all other parts of thisAgreement shall nevertheless be in full force and effect.
10.4 Section Headinqs and Subheadinqs. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No lmplied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Contractor Principals and Representatives. The following principals of Contractor ("Principals") are hereby designated as being the principals and 2905/00941 0-1 001
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representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make alldecisions in connection therewith:
Richard Gonzales. President
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
10.8 City Contract Administration. This Agreement shall be administered by a City employee, <Staff_Contact>>, <Staff_Title> ("Contract Administratod'). All correspondence shall be directed to or through the Contract Administrator or his designee. lt shall be Contractor's responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless othen¡rise provided by applicable law, the Contract Administrator shall have the power to r.-all-pu+poses- u nder th is-{g reernent-U n less-sther,uliseprovidedin this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Contractor shall be sent to R G General Engineering, lnc.
Attn: Richard Gonzales
3594 Bluff Street
Norco, CA 92860
Any written notice to City shall be sent to the Contract Administrator at:
City of Yorba Linda
4845 Casa Loma Ave
Yorba Linda, CA 92886
Attn: Brad Skeene, Parks and Facilities Superintendent
with a copy to:
City Clerk
City of Yorba Linda
4845 Casa Loma Ave
Yorba Linda, CA 92886
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Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 1 0.10 Riqhts and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.11 lnteoration. lnterpretation. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might othenruise apply.
each of which shall be an original and all of which together shall constitute one agreement. 1 0.13 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.14 Nondiscrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexualorientation, national origin, or ancestry.
10.15 No Third Partv Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
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10.16 Nonliability of Citv Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
10.17 No Undue lnfluence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. 1 0.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or subagreement, or the proceeds thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
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þ
.
lN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF YORBA LINDA CONTRACTOR P A hare*r^^ CryrneenS , lnc
Gene Hernandez, Mayor
Attest: Name Êit lvr-¡ Gcrv¿t¿r
Title: Pns,d¿.+
By:
Name
Title:
[Note: 2 offieerls-signatures required if
Contractor is a corporation, unless
provided with a certificate of secretary inlieul
By:
Marcia Brown, City Clerk
Approved as to Form:
Todd Litfin, City Attorney
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RG General Engineering, fnc.
RG GENERAL ENGINEERING, INC.
MINUTES OF BOARD OF DIRECTORS MEETING
A SPECIAL MEETING OF TTIE BOARD OF DIRECTORS OF RG GENERAL ENGINEERING,INC., A CALIFORNTA COP.PORATION, WAS I{ELD AT 3594 BLIJFF ST.
NORCO, CA. 92860 0N MARCH 14, 2023.
TI{E BOARD OF DIRECTORS OF TTM CORPORATION:
RICHARD GONZALES DIRECTOR
CONSTITUTING ALL OF THE MEMBERS OF TIIE BOARD OF DIRECTORS WERE PRESENT AT TI{E MEETING.
TTIE MOTION WAS DTJLY MADE, SECONDED AhID CARRIED TIIE FOLLOWING RESOLUTION WAS ADOPTED:
FGSOLVED, RICHARD GONZALES, PRESIDENT, IS SOLELY VESTED FULL AUTHORITY TO SIGN A}IY A}ID ANI ALL CONTRACTUAL DOCTJMENTS FOR THE CORPORATION, A}ID TIIEREFORE HAS TTIE FULL AUTHORITY TO OBILIGATE THE CORPORATION IN ALL CONTRACTURAL MATTERS.
THE TJNDERSIGNED, RICHARD GONZALES, PRESIDENT, CERTIFIED THAT RICHARD
GONZALES IS TIIE DULY APPOINTED PRESIDENT OF RG GENERAL ENGINEERING, [NC., AND THAT THE ABOVE IS A TRUE Aì.ID CORRECT COPY OF TTIE RESOLUTION
DULY ADOPTED AT A MEETING OF BYLAWS OF SAID CORPORATION ON MARCH 14,2023.
IN WITNESS THEREOF, I HAVE AFFD(ED MYNAME AS PRESIDENT OF THE CORPORATION, AI,ID HAVE ATTACÍIED THE SEAL OF RG GENERAL ENGINEERING, INC, TO THIS RESOLUTION.
DATE: MARCH 14,2023
RICHARD GONZALES - PRESIDENT
3594 Blufl'St. Norco. CA. 92860
(e5 r ) 963-4268
EXHIBIT A
SCOPE OF SERVICES
Services shall include Vista Del Verde Park Sport Court lmprovement Project services, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, in the amount not to exceed FIVE
HUNRED SIXTY FIVE THOUSAND EIGHT HUNDRED EIGHTY TWO DOLLARS ($565,882.00) as further detailed in the attached pages (if any). lf the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire "Bid Package" or "Request for Proposals" for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement.
Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.
t
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EXHIBIT A
CITY OF YORBA LINDA
PROPOSAL
VISTA DEL VERDE PARK
SPORT COURT IMPROVEMENT PROJECT
TO CITY OF YORBA LINDA, as AGENCY:
ln accordance with AGENCY's "Notice Inviting Sealed Bids", the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and Contract Documents therefore, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, lnstructions to Bidders, and Contract Documents. lf this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Proposal Bid Sheet. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the Bid Bond accompanying this proposal.
BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. lt is -
-
agreed-that-the-gnit¿ndlor*{urnp-surn-priees:bid-inelude-all-appurtenant=expepses-taxes, royalties;- and fees. ln the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts,
LICENSE REQUIREMENT: At the time of contract award, the CONTRACTOR shall possess a State of California Class A or B Contractor's License or a combination of Specialty Contractor's License(s) adequate to perform the work here-in described. All subcontractors shall have equivalent licenses for their specifîc trades. The Contractor and all subcontractors shall have a valid City of Yorba Linda business license prior to commencing any work. The contractor and all subcontractors must obtain all necessary building permits with the City of Yorba Linda.
BIDDER agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workman's compensation or to undertake self-insurance in accordance with the provisions of that code, and that the BIDDER will comply with such provisions of that code before commencing the performance of this Contract if awarded to it.
BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.
BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.
P-1
N
this _ day of
BIDDER certifies that affirmative action has been taken to seek out and consider disadvantaged business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been carefully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder.
Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.
B I D DE R's ¡lnil¡ r-E$lxs[l!4l-øn$i[úil.i0+ I n ¿. o¡r e lo' lo .2oc'3 BIDDER'S ADDRESS:
?,ryq ßtu$ st. BY Ø¡charà hon+.atle 5
(Print Name)
nature
PHONE NO úst I qbq-ULbA TITLE ?r¿siàen*
Subscribed and sworn to before mÊ BY
(Print Name)
(Signature of N (Signature)
TITLE
(sEAL)
P-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of LOS ANGELES )
on OCTOBER L0,2023 before me, GLORI.A MACIAS, NOTARY PUBLIC (insert name and title of the officer)
personally appeared RICHARD GONZALES
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. l-certify-under-P-EN,ALff.-OF.PERJURY-underlhe.laws of the State-of{alifornia=that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
signature t M; l,!*^* (Sea!)
GloRlArilACtAS
t{otrry Publlc . Callfornta
LøAa¡ele¡ Countv
Co¡rnlúlon # 2#Có¡z
Comm. Jun 13, 2027
BIDDER'S INFORMAT]ON
BIDDER certifies that the following information is true and correct:
, Bidder's Name ?h hpneral enaineuw lnc.
\., \,
Business Address
Telep hone: &51 ) ol bA - qLb6
State Contractor's License No. and Class lOfi,vLV l n
Orig inal Date lssued tl- lg-ZZ Expiration Date ûs.31-Lu DIR Contractor Registrati on Number 100ú41q 0 bb
The following are the names, titles, addresses, and phone numbers of all individuals, firm members, paftners, joint ventures, and/or corporate officers having a principal interest in this proposal:
Ê,chard (;ronrør\cs - ?r{,sidenF
The dates of any voluntary or involuntary bankruptcy judgments against any principal having an ---
i nte r.e st - i n Jh isp ro posa I =a r.e-a s-fo | | ows :-.-- NIA
All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
Subscribed and sworn to before me (Z¡char* (.,n n+.ales (Print Name)
this _ day of 2023.
ignature)
(Signature Public)
Title
)
Date
P-3
2023
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of LOS ANGELES
on ocToBER t0,2023 before me, GLORIA MACIAS, NOTARY PUBLIC (insert name and title of the officer)
personally appeared RICHARD GONZALES
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. .l certify-under-PENALII-.-OF PERJURY:undeilhe-laws-of-theStiate.of-Californiathat. paragraph is true and conect.
WITNESS my hand and officialseal.
@.
GLORIA MCIAS
Notary Publtc -
Lo: Angeler
Commls¡lon #
Galllornla
CountY
2449942
Comm. Erþlrel Jun 13, 2027
Signature (Seal)
BTDDER's NnMe Ê{,r heneral pq3ìneerin3,lnc.
LIST OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of the work, and to procure materials and equipment from suppliers and vendors as follows:
Subcontractor name o
Address
License No. and Class
Percent of Total Con
Specific ltems of Work facf - Tcpçt'. pt sys.reot
Subcontractor name sTlAt¿¿Ttot)
Address ?Zzç
License No. and Clas
.)
î lePercent of Total
Specific ltems of Work P-fa¿-Tr2rz I
Subcontractor nam
Address
License No. and Class
Percentof Total Contract ,43
I ê l)
Specific ltems of I
Subcontractor name
License No. and Class
Percent of Total
Specific ltems of W
yc
P-4
1Ol'11123,9:30 AM PDFjs viewer
BTDDER's Nn¡¡e(ë htenl E4 4,Z"ttit| 'Tac
LIST OF SUBCONTRACTORS
BIDDER proposes to subcontract cefiain portions of the work, and to procure materials and equipment from suppliers and vendors as follows:
Subcon name a
Address 6
License No. and
Percent of Total Contra
Specific ltems of Work
a
7o
Subcontractor name /tao "fu, Address ?
License No. and Class
Percent of Total *
t*
Specific ltems of Work -{o/te,, I
Subcontractor name Tti.,,rgc
Address
License No. and Class o
Percent of Total Contract, / L
Specific ltems of Work- ê.otcRe.fê
Subcontractor name
Address
License No. and Class
Percent of Total Contract
Specific ltems of Wo
P-4
https://share.bidmail.com/index.html#viewerpro?guid=50119697-50aa-44c1-abd9-686a8f1b859e&keepsession=true Page 188 of 242 15t297
BIDDER'S
REFERENCES
The following are the names, addresses, and phone numbers for three (3) public agencies for which BIDDER has performed similar work within the past two years:
Agency Name
Add
Phone No
Description of
runve Êh hene ral BngineecinX,lrr,c.
Agency
Address
Phone
Description of
Name
Agency Name * stn!flñq ruf,rrp4¡vìß
J
Phone No. Contact:
Description of
D ES IGNAÏION-OLSU RETIES
The following are the names, addresses, and phone numbers for all brokers and sureties from whom BIDDER intends to procure insurance and bonds:
Name
Address
Phone No. ¿Ìtl4 - U)l- 6q9q
Name
Address
Phone
Name
Phone
Name
Address
Phone No.
P-5
CONTRACTOR'S LICENSI NG STATEMENT
Bidder certifies that the following is true and conect. The undersigned is licensed in accordance with the Iaws of the State of Califomia providing for the registration of Contractors.
Gontractofs License Number
Name of lndividual Contractor (Print or type):
Nr*
Business Address
Officers:
Signature of Owner(s)
Business Address
or
Name of Company
Name:
Title:
T¡tIê:
Title:
Name of Corporation
Business Address
Corporation organized under laws of the State of Uúitl¡miq Subscribed and swom to me
this _ day of 2023 Signature of President of Corp./Company (Signature of Signature of Secretary of Corp./Company
(sEAL)
or
)
P-6
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validitv of that document.
State of Califomia
County of LOS ANGELES )
On OCTOBER t0,2023 before me, GLORIA MACIAS, NOTARY PUBLIC (insert name and title of the officer)
personally appeared RICHARD GONZALES
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. nder PENALI-Y-=OF-€ERJURY-under tha larryqollleSt¡¡teol.California that.the-tofegol¡g . paragraph is true and conect.
WITNESS my hand and official seal.
sig (Seal)
BrD BOND (PAGE 1 OF 2l
CITY OF YORBA LINDA
BID BOND
FOR THE
VISTA DEL VERDE PARK
SPORT COURT IMPROVEMENT PROJECT
KNOW ALL MEN BY THESE PRESENTS thAt R G GENETAI ENgiNEETiNg INC. , AS BIDDER, ANd
'l'he Ohio Casualtv.lnsur.ance C_ompilv as SURETY, are held and firmly bound unto the City of Yorba Linda, asAGENCY, in the penal sum of roteorroÞrB¡dAmounr dollars ($10'¡ot.to,"tai9, which is ten percent(1o%\ormoreofthetotaiamountbidffiCYforìtfë"äboue,statedproject, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, fÏrmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER and BIDDER files the required Faithful Performance and Labor and Material Bonds in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. ln the event suit is brought u this bond AGENCY and judgment is recovered, the Surety shall the Court.
WITNESS our hands this 2nd day Of C¡toþe r
,2023
R G General lnc.
(sEAL) By:
Richard Gregory Gonzales- ent
By
Secretary/Treasurer
Subscribed and sworn to before me
this __ day of 2023.
Seal of Notary
ry u (sEAL)
5e¿
rg re
P-7
BID BOND (PAGE 2 OF 2l
Mailing Address
(sEAL)
Kevin P. Reed
me (print)
Attorney-in-Fact
Title
Suhscribed and sworn to before me attached CA
this __ day of
(Signature of Notary Public)
The Ohio Casualty lnsurance Company
SURETY'S NAME-TYPE
790 The City Drive South Suite 200 Orange, CA 92868
(sETL)
re
P-8
Thi¡ Power of Attorney limitg tho âcts of tho8e namod hercin, and they have no åüthor¡ty to bind the Comp¡ny oxcEpt in tho manno¡ ånd to lhe extent herein 6tated.
Liberty Mutual lnsurance Company
The Ohio Casualty lnsuranee Company
West American lnsurance Company
POWER OF ATTORNEY
Ki{OWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty lnsurance Company is a corporation ùly organized under the laws ol the State of Na¡v Hampshhe, lhat Liberty Mutual lnsulance Company is a corporation duly øganized under fre laws oflhe State of Massachuselb, and W6st American lnsuranæ Gønpany is a corporation duly organized Jessica Carcia; Kevin P Reed; Silvia Ortiz; Sonya Silva; Stanley Tutton exoqJle'seâl,a@behafãõi[retyEñdãslßiõãñõTã,ed,anyanda[úndertakings,bonds,recognizancæandothersuretyobligatións'inpulsUanco of these presenb and shall be as bindng upm the Companios as if lhey have been duly signed by tho prosidont ånd att€sted by lh€ sscrotary of lhe Compåniss in thêir orrn proper persons.
lN W|T}¡ESS WHEREOF, this Power of Attorney has been subscribed by an auürorized offiær or offcial ol lhe Companies and lhe corporate seals of the Companies have been affxed thôretothis l4th dayof. October , 2022
Liberty Mufual lnsurance Company
The 0hio Casualty lnsuranæ Company
West Aûìerican lnsurance Company
By
State of PFNNSYLVANIA
ss
of Mü{TOOMERY
this l4tlr day
Libertv
MutuáI" Cert¡ficato No: 8208853-969612
SURElY
of Octobcr
casïrall@pani
2022 bsforomo
a¡d Wes-iAmedcan
perconally appeared David M. Carey, who acknowle$ed himself to be the Assislant Secretary of Liberty Mutual lnsurance lnsurance Company, and that he, as such, bsing åuhorizod so to do, exeort€ the foregoing instrumøt for the purposes contained by signing on bohalf of ths cøporalions by himself as a duly auhorized ofiær lN WITNESS WHEREOF, I have hereunto subsøibed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
By: l,tuL
Po¡yer of Attorney is made and ex€(lf€d pursjant to and by auhority of the fdlowing By-hws and Auhorizations of The Ohio Casüalty lnsuranco Compan¡ Liberty Mulual Insuranco Company. and wost Amsican lnsurance Companywh¡ch rosolut¡ms are now in full force and elfect reading as follows:
ARTICLE lV- OFFICERS: Section 12. Poiler of Attdney.
Any officor or olher offcial of lhe Corporalion aulhorized fr lhat purpose in writ¡ng by thê Chairman or the President, and subject to such limitalion as the Cha¡rman or lh(ì have full po,ver to bind the Corporalion by thoir signature ¿nd execution of any such inslrumenb and to attach thersto he seal of he Corporation, When so sxecuted, such provisions ofhis article may be revoked at any limo by ho Board, he Chairman, thg Prosidont or by he officer or offioers granting such power or âuthority, ÀRflCLE Xlll - Exocution of Contrac{6: Sedion 5. Surely Bonds and Undertakings.
Company by thoh signalure and exoculion of any auch inskumenb and to atbdt thereto the seal of the Company. When so oxecut€d such instrumonts shall be as binding as if signsd by th€ pres¡dent and attested by the s€cretary.
obligations.
Company, wherever appearing upon a cerlified øpy of any powor of attomey ¡rsuod by he Company in conned¡on with surety bonds, shall be valid and binding upon the Company wiür the samê force ild effect as hough runually affxed.
hâs not been r€ì,oked.
IN TESTIMoNY WHEREOF, l have hereunto sdt my hand rnd affxed the seâr,s of stid Companies hb 2nd day of Octobsr , 2023 o
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My æmmision expiræ Mârch 28. 2025
tg'i2 191S 1991
LMS-12873 LMIC OCIC WAIC Mult¡ Co 02/21
By:
CLEAR
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT CIVIL CODE S1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or valid¡ty of that document.
State of California
County of Ora ô
on 1ol2l2o23 before me, Jessica Tinoco Garcia, Notary Public Dote
Personally appeared
Here lnsert Name and Title of the OfÍicer
Kevin P. Reed
Name(s) of signer(s)
who proved to me on the
the withi ent
capa nd that
which the person
:*J#i:,,ï:;:1ffl;;
tt'te\ftity upon behalf of
I certify under PÊNALTV OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
ç
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Y:;¡Þ1",0'V C¿nrnrrsreq.. ;.lCC?gr \¡\ì]1r'r,, Comri. lxpr.¡s,',p¡ tû. 20?ó Signature
z Signoture of Notøry Public
Ploce Notory Seal Above
OPTIONAL---.
Though thís section is optionol, completing this informotion can deter qlterotion of the document or froudulent reattachment ol this Jorm to on unintended document.
Descriptlon of Attached Document
Title or Type of Document Document Date
Number of Pages Signer(s) OtherThan Named Above
Capacity(ies| Claimed by Signer(s)
Signer's Name Signer's Name
I Corporate Officertrtrtr
I Partner Limited General
n
n
tr
lndividual
Trustee
Other
Attorney ¡n Fact
Guardian or Conservator
Corporate Officer-Title(s) ___ _
Partner f] Limit"d EG"r*.|
E
tr
Attorney in Fact
Guardian or Conservator
lndividual
Trustee
Other
Signer ls Representing Signer ls Representing
@2014NationalNotaryAssociation. w!ryC_N_!!!g!ÊlN9¡qly:l'Iß-.1-800-USNOTARY(1-800-876-6827llltem#5907
ACKNOWLEDGMENT
State of California
County of LOS ANGELES )
on OCTOBER 10,2023 before me, GLORIA MACIAS, NOTARY PUBLIC (insert name and title of the officer)
personally appeared RICHARD GONZALES
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. .lcertifl under P.EN,ALTY-.OF PERJURY under-thqlaws.oflhe State of California-thal-thefor.egoing paragraph is true and conect.
WITNESS my hand and official seal. GLORIA ÀIACIAS
Notary Publlc - Callfornla
Los An¡eles County
Comml¡¡lon il2449942
Comm, Jun 13, 2027
Signature (Seal)
A notary ic or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
valid of that docurnent.
RG General Engineeringo Inc.
RG GENERAL ENGINEERING, INC.
MINUTES OF BOARD OF DIRECTORS MEETING
A SPECIAL MEETING OF THE BOARD OF DIRECTORS OF RG GENERAL ENGINEERING,INC., A CALIFORNIA CORPORATION, WAS HELD AT 3594 BLUFF ST.
NORCO, CA. 92860 0N MARCH 14,2023.
THE BOARD OF DIRECTORS OF THE CORPORATION:
RICHARD GONZALES DIRECTOR
CONSTITUTING ALL OF THE MEMBERS OF THE BOARD OF DIRECTORS WERE PRESENT AT TTIE MEETING.
THE MOTION \I/AS DLILY MADE, SECONDED AND CARRIED THE FOLLOMNG RESOLUTION WAS ADOPTED:
RESOLVED, RICHARD GONZALES, PRESIDENT, IS SOLELY VESTED FULL
AUTHORITY TO SIGN ANY AND AN ALL CONTRACTUAL DOCUMENTS FOR THE
CORPORATION, AND THEREFORE HAS THE FULL AUTHORITY TO OBILIGATE THE CORPORATION IN ALL CONTRACTURAL MATTERS.
THE UNDERSIGNED, RICHARD GONZALES, PRESIDENT, CERTIFIED THAT RICHARD
GONZALES IS THE DULY APPOINTED PRESIDENT OF RG GENERAL ENGINEERING, rNC., AND THAT THE ABOVE IS A TRUE AND CORRECT COPY OF THE RESOLUTION
DULY ADOPTED AT A MEETING OF BYLAWS OF SAID CORPORATION ON MARCH 14,2023.
IN WITNESS THEREOF, I I{AVE AFFDGD MY NAME AS PRESIDENT OF THE
CORPORATION, AND HAVE ATTACHED THE SEAL OF RG GENERAL ENGINEERING, INC. TO THIS RESOLUTION.
DATE: MARCH 14,2023
RICHARD GONZALES . PRESIDENT
3594 Bluff St. Norco, C4.92860
(951) 963-4268
STATE OF CALIFORNIA
couNTY oF ?aversidg
Subscribed and sworn to before me
this _ day of
Sealof Notary
BIDDER'S NAME
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND
SUBMITTED WITH BID
P.fa ttnerat Ør$inetrfns ,lnc.
being first duly sworn, deposes and says that he or
Øh t:enecoú Erp.ineer ina , \nr . the
SS
r
party m e is not made in the iHterest of,üdr on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership-,_c..9npjllv_asSec.lAtiçn'ofganlzglþ8=þ4&pqgrlofy., or to aqy-Iqg!0þel4!4gency -thereef-- to effectuate a collusive or sham bid."
Signed
(4,.chaYcl Lronrzrlpc.
?çesidt¡¡t
Title
Notary Public
P-9
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identi$ of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validitv of that document.
State of Califomia
Gounty of LOS ANGELES )
on ocToBER t0,2023 before me, GLORIA MACIAS, NOTARY PUBLIC (insert name and title of the officer)
personally appeared RICHARD GONZALES
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certiff under PENALTY QE PERJURY under-the laws of. the State-of -California that the foregoing paragraph is true and conect.
WITNESS my hand and official seal. @,
GLORIA ÀTACIAS
Notary Publlc' Callfornla
Lor Angelel CountY
Comml¡slon # 2449947
Comm. Explres Ju n'i.3, 2077
Signature ,A[,;,,&*- (Seal)
PROPOSAL BID SHEETS
(Page 1 of 4)
BIDDER'S NAME : Pk'r heneral E,rv3imcrint.lnr
CITY OF YORBA LINDA
PROPOSAL BID FORM
FOR
VISTA DEL VERDE PARK
SPORT COURT IMPROVEMENT PROJECT
Item
No. Item Description Quantity Unit Unit Price Total
Mobilization (Not to Exceed 5%) 1 LS Zbt\tr,Ç $ VlrLn
Construction Screen Fence 1 LS 2-3 $ 123"o
Traffic Control& Public Safety 1 LS 2 3 $ 3çf oo
Best Management Practices 1 LS tz 7? oo $ 7ff
Clearing and Grubbing 13,900 SF 2.oÞ $
,{ oo
4 Drainage lmprovements 1 LS ZltcfTo $2 ¿lto oo
Demolition and Removals 1 , 1 80 SF 3,5o $ ttb
7 OO ôô Tree Removals including stump grinding EA $
Dust Control 1 LS $ tl"
PCC Paving - 5" Thick 2,724 SF l"oo ¿O
PCC Post-Tension Basketball Court 4,216 SF t7,ço oo $
Textured Acrylic Color Surfacing 4,216 SF r2 $ ßloo
20" Ht. x 18" Wide Cast-in-Place Wall 207 LF ?¿l,oo $z 73t 2 Rail PVC Fence to Match Existing 52 LF ¿f3.oo $
,l oO
192 LF / l3,oo $21 blLoo 4'Ht. Vinyl Coated Chain link Fence w/ 1"
BBQ 1 EA I 71? $ j1 OO
Relocated Waste Receptacle 1 EA oo $ 7L,,o
Relocated Picnic Table 1 EA ,oa $ 7.,'o
I
I
A. SITE CLEARING, EARTHWORK AND GRADING, DRAINAGE IMPROVEMENTS 10 B. HARDSCAPE / PAVING
13 14
15 C. WALLS/FENCE
15 16
17 D. SITE FURNISHINGS
18 19
1 2
3 4
5 7
I
I
20 P-10
21 Basketball Backboards, and post
22 23
2 oo EA I ux, $2
$ sbr, ?î z-ao
'llt
24 E. LANDSCAPE AND IRRIGATION
24 25
26 27
28 29
G. SITE LIGHTING
30 TOTAL BASE BID AMOUNT IN FIGURES
TOTAL BASE BID AMOUNT IN WORDS
Breakaway rims 4 EA Lf l. oo
v $t gïr'"
Basketballnets I EA 52'oo oo $
Prop 68 Signage 1 EA û
I
to $
Tree Protection 1 LS 7 æ $ 721 ""
SF .70 $ 1,1?a "o Soil Prep, Fine Grading and Weed
abatement 13,900
lrrigation System Modifications 1 LS 7rfçoo ?qç oo $
Turf From Sod 13,900 EA $ 0[6,oo
24" Bax Trees 13 EA sê $ v07.æ
Ninety Day Maintenance Period 1 LS ao 1
OO $
Electrical and Lighting 1 LS Itt .l OO cO I
.11 $ l/l¡
f.'4 l.¿¿1b
P-11
PROPOSAL BID SHEETS
(Page 3 of 4)
B ¡DDER'S NAM E: ?{r (.re n¿ ra I P. r,að i n¿e, inl,tnc .
CITY OF YORBA LINDA
PROPOSAL BID SHEETS
FOR THE
VISTA DEL VERDE PARK
SPORT COURT IMPROVEMENT PROJECT
t The quantities listed for each item in the Proposal Bid Sheefs are supplied to give an indication of the generalscope of work, but the accuracy of these figures is not guaranteed, and the BIDDER shall make his own esfimafes from the Plans & Specifications. ln case of a variation between the Unít Price and the corresponding item Total shown by the BIDDER, the Unit Price shall be considered to be the Bid. The Bidder will be paid for each item by the actualquantity required and installed on the project.
z The City of Yorba Linda desires to construct all improvements within these Plans & Specifications . However, the CITY rese,ves the right to reject portions or all of the above bid items if sufficient funds are not available, or the CITY determines it is not in the CITY's best interest to award the Cantract.
P-12
PROPOSAL BID SHEETS
(Page 4 ot 4)
Bidder's Name
Telephone No.
B IDD ER'S NAM E : P{r trerara\ Fngi nep,r in3. lrrc
CITY OF YORBA LINDA
PROPOSAL BID SHEETS
FOR THE
VISTA DEL VERDE PARK
SPORT COURT IMPROVEMENT PROJECT
PROPOSAL
No compensation will be allowed for disposing of rejected or excess material. The City reserves the right to reject all bids and to increase or decrease the amount of any quantity shown on the Proposal Bid Sheets. Award of contract shall be based on lowest responsible bidder's base bid, in the event of awarding additive altemate(s), the award will be determined by the lowest responsible bidder's total of base bid plus additive alternate(s) selected. ln case of a variation between the unit price and the totals shown by the bidder, the total cost will be considered to be the bid. nc.
ITNESS WHEREOF, BI executes an
and seals of all forenamed principals this f ül* day of its this proposal with the names,
Or,Lr'wp'r .2023.
BIDDER Q g, 6e"t-r,-!* Eon^,ìr*,'i.-^ ln.. U J
Subscribed and sworn to before me this lfiotv ot AdnWn,2023
SIGNATURE NOTARY PUBLIC
t\ ..0." Pflry'
(STGNATURE)
(sEAL)
Title
P-13
ACKNOWLEDGMENT
A notary public or other offtcer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
Gounty of LOS ANGELES )
on ocroBER 10,2023 before me, GLORIA MACIAS, NOTARY PUBLIC (insert name and title of the officer)
personally appeared RICHARD GONZALES
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the ínstrument the person(s), or the entity upon behalf of whlch the person(s) acted, executed the instrument. f_CçÉiJV-qEdqI=PENAt-Tl-OFJ-E8J-UBLun4sjhqlaws of.the.$lajqatealifornia-that-the,forcgorng:._ paragraph is true and conect.
WITNESS my hand and official seal.
SignatureÅûú, ($eal)
CITY OF YORBA LINDA
GENERAL SPECIFICATIONS
FOR THE
VISTA DEL VERDE PARK
SPORT COURT IMPROVEMENT PROJECT
SCOPE OF WORK
The work to be conducted hereunder includes but is not limited to site clearing, earthwork, grading, drainage improvements, concrete hardscape improvements, concrete wall, fencing, installation of site furnishings, landscape and irrigation.
LOCATION OF WORK
The general location and limits of the work are at Vista del Verder Park, 17600 Lakeview Ave., Yorba Linda, CA, 92886.
TIME OF COMPLETION
The Contractor shall complete all work in every detailwithin the 90 working days from the notice to proceed.
TRAFFIC REQUIREMENTS
The Contractor shall provide delineation in accordance with, and comply with, the latest editions of the HPWA, APWA, the Work Area Traffic Control Handbook ('W.A.T.C.H." handbook) and the California Manual of Traffic Controls (refer to signage, barriers, and lane closure sections). No street closures shall be made without the prior approval of the City Representative and appropriate encroachment permit(s) as required.
SPECIAL REQUESTS
The Contractor may be requested by the City representative to perform special tasks that are above the normalscheduled work (i.e., citizen requests, coordination with specialwork orders relative to City functions, special event preparation). lt is intended that the Specifications are indicative of the work to be anticipated by the Contractor and will allow for reasonable additional work or altered work schedules at no additional cost to the Citv.
PROJECT INSP FCTIONS
Upon request, the Contractor will walk the project area with the City representative for the purpose of determining compliance with the Specifications or to discuss required work.
Typically, the inspections are daily and require the presence of the contract supervisor lnspections may be required more frequently at the discretion of the City Representative.
SUPERVISION AND SKILLS
The Contractor shall assign a supervisor within the city limits of the City of Yorba Linda, working regular working hours for the duration of this Contract. The supervisor shall be capable of communicating effectively both in written and spoken English and background must include experience on projects of the type presented in this specification.
The Contractor shall outfit the supervisor with a cellular phone capable of receiving and making calls within the City limits and surrounding areas.
EMERGENCY RESPONSE
The Contractor shall be available twenty-four (24) hours per day, seven (7) days per week to respond to all emergencies within two (2) hours of notification or "attempted notifÏcation." lf Contractor cannot be notified or does not respond in a timely manner, any costs incurred, by the City to remediate the situation, will be paid by the Contractor.
LICENSE AND PERMITS
At the time of contract award, the CONTRACTOR shall possess a State of California Class A or B Contractor's License or a combination of Specialty Contractor's License(s) adequate to perform the work here-in described. Allsubcontractors shall have equivalent licenses for their specific trades. The Contractor and all subcontractors shall have a valid City of Yorba Linda business license prior to commencing any work. The contractor and allsubcontractors must obtain all necessary building permits with the City of Yorba Linda.
DRFSS CODE AND APPEARANCE
All Contractors' personnel shall be required to wear a uniform shirt bearing company name while on the project. Uniform shall present a neat and clean appearance of personnel at all times. Uniform shall consist of a shirt and jacket with company name and employee name.
SAFETY ORDERS
Contractor shall be responsible for providing a safe workplace, and be responsible for compliance with standards and regulations of the California Occupational Safety and Health Act (Ca|/OSHA), Federal Occupational Safety and Health Act (OSHA), California Division of lndustrial Safety (CDIS), State of California Manual of Traffic Controls, California Department of Food and Agriculture (CDFA) Laws and Regulations, and any other applicable governmental law or City risk management standards.
UTILITY REQUIREMENTS
The Contractor is advised of the existence of the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the precise locations of their substructures in the construction area when the Contractor gives at least 48 hours notice to the Underground Service Alert by calling 1- 800-227-2600. Contractor shall provide the agency with proof of contact with USA upon request.
The Contractor shall notiff the following agencies at least 48 hours in advance of excavating around any of their structures. The utility companies listed below can be contacted as indicated.
1 Southern California Gas Company
(Distribution)
1919 State College Boulevard
P.O. Box 3334
Anaheim, CA 92803
Steve Alcala (714) 634-3185
Time Warner
7441 Chapman Avenue
Garden Grove, CA 92841
Don Simons (714) 903-8347
MWD
P.O. Box 54153
Los Angeles, CA 90054-0153
Kiren Callanan (213) 217-7474
o
7 3
4 2. AT&T
3939 East Coronado Street
Anaheim, CA 92807
Sreg Griffilh (714) 237-:6019
Orange County Sanitation District
P.O. Box 8127
Fou nta in Va lley, C A 927 28-8127
Lynn Elliot (7 1 4) 962-241 I
Southern California Edison Company
(Distribution)
1851 W. Valencia Drive
Fullerton, CA 92633
Jeff Cessna Q1Q 870-3149
L Golden Stale Water Company
500 Cameron
Placentia, CA 92870
Terry Murphy (714) 528-1463 ext108
Yorba Linda Water District
4622Plumosa Drive
P.O. Box 309
Yorba Linda, CA 92886
Ken Vecchiarelli (7 1 4) 701-31 00
9. Southern California Gas Company
(Transmission)
9400 Oakdale Avenue
Chatsworth, CA 9131 1-651 1
Rosalyn Squires (818) 7014546
10. Southern California Edison Company
(Transmission)
14799 Chestnut Street
Westminster, CA 92683
Lisa Salinas (714) 934-0838
11 MWD
3972 Valley View
Yorba Linda, CA 92886
Rick Bicker Q1$ 577-5084
The California Public Utilities Commission mandates that, in the interest of public safety, main line gas valves be maintained in a manner to be readily accessible and in good operating condition. The Contractor shall notify the Southern California Gas Company's Headquarters Planning Office at (714) 369-0680 at least 2 working days prior to the start of construction.
5
The Contractor shall exercise extreme care to protect all existing utilities in place whether shown on the plans or not and shall assume full responsibility for all damage resulting from his operations. The Contractor shall coordinate with each utility company as to the requirements and methods for protection of their facilities during the construction period and shall be responsible for preparation and processing of any required plans or permits. The Contractor shall assume full responsibility to maintain uninterrupted service for all utilities.
By submitting a bid, the Contractor acknowledges the above referenced utility work to be done in conjunction with this project. The Contractor shall schedule his work and conduct his operations so as to permit access and time for the required utility work to be accomplished during the progress of the work.
The Contractor shall coordinate with each utility company as to the extent of required work and the time required to do so. The Contractor shall include this time in his schedule.
Payment for the above, if any, shall be deemed as included in the items of work as shown on the proposal bid sheet(s) and no additionalcompensation willbe allowed.
THE CITY'S RIGHT TO DO WORK
The City reserves the right to do any work as required within the contract area. lf such alterations affect the provision of this Agreement, the Contractor will be asked to submit justification and an alterations
CooPERATTON AND COLLATERAL WORK
The Contractor shall recognize that during the course of the contract other activities and operations will be conducted by the City and/or other contractors. These activities will include but are not limited to: turf and landscape maintenance; landscape refurbishment; irrigation system maintenance, modification or repair; construction; and storm related operations.
The Contractor may be required to modify or curtail certain operations and shall promptly comply with any request made by the City representative.
FLOWAND ACCEPTANCE OF WATER
It is anticipated that storm, surface or other waters will be encountered at various times and locations during the work herein contemplated. The Contractor, by submitting a bid, acknowledges that he has investigated the risk arising from such waters and has prepared his bid accordingly, and Contractor, by submitting a bid, assumes all of said risk.
PROTECTION OF PROPERTY DURING INCLEMENT WEATHER
During periods of inclement weather, the Contractor will provide supervisory inspection of the project during regular working hours to prevent or minimize possible damage. The Contractor shall submit a report identifying any damage to the City representative attached to a site map identiñ7ing location of damage and cost estimate to repair/replace.
It is the Contractor's responsibility for removing debris accumulated by winds or other typical or non-typical environmental conditions.
PROTECTION OF EXISTING FACILITIES AND STRUCTURES
The Contractor shall exercise care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground, on the City's property. Any damage to City property deemed to be caused by the Contractor's neglect shallbe corrected or paid for by the Contractor at no additional cost to the City. lf the City requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to veriñ7 and locate any underground systems, (i.e., utility lines).
This does not release the Contractor of the responsibility for taking reasonable precaution when working in these areas. Any damage or problems shall be reported immediately to the City.
REMOVAL OF WATER
The Contractor shallprovide and maintain at alltimes during construction ample means and devices to promptly remove and properly dispose of all water entering the excavations or other parts of the work. No concrete footing or floor shall be laid in water nor shall water be allowed to rise over them untilthe concrete or mortar has set at least two (2) hours. Water shall not be allowed to rise unequally against any walls for a period of twenty-eight (28) days.
Dewatering for the structures and pipelines shall commence when ground water is first encountered and shall be continuous until such time as water can be allowed to rise in accordance with the above statement. Dewatering shall be accomplished by well points or some other method, which will insure a dry hold and preservation of final lines and grade of the bottoms of excavation, all subject to the approval of the City's representative.
Dewatering methods and disposal of water from dewatering operations shall be the sole responsibility of the Contractor and shall conform to the requirements of the State Regional Water Quality Control Board, the requirements of the National Pollution Discharge Elimination System (NPDES), and the Federal Clean Water Act. Full compensation for dewatering shall be considered as included in the contract prices paid for the related items of work, and no additional compensation will be allowed, therefore.
STAN DARD SPEC I FICATIONS
The Standard Specifications of the AGENCY are contained in the latest edition of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, including all supplements, as written and promulgated by the Joint Cooperative Committee of the
Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Copies of these Standard SpecifÏcations are available from the publisher:
Building News, lncorporated
P.O. Box 3031 TerminalAnnex
Los Angeles, California 90051
(213)202-7775
The Standard Specifications set forth above will control the general provisions for this contract except as amended by the Plans, General Specifications, Special Provisions, or other contract documents.
The section numbers of the following Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring amendment or elaboration, or specifying options, are called out.
ln case of conflict between the Standard Specifications and the General Specifications or Special Provisions, the General Specifications and Special Provisions shall take precedence over and be used in lieu of such conflicting portions of the Standard Specifications.
References in the Special Provisions to "CALTRANS Standard Specifications" shall mean the Standard Specifications (latest edition) of the State of California, Department of Transportation. Copies of these specifications and standard drawings may be obtained from:
State of California - Department of Transportation
Central Publication Distribution Unit
6002 Folsom Boulevard
Sacramento, California 9581 9
References in the Special Provisions to Standard Plans shall mean those specific standard plans as selected by the City's representative from the Standard Plans of the City of Yorba Linda, and where applicable, the APWA Standard Plans for Public Works Construction (latest edition) the Standard Plans of the County of Orange and State Depa rtme nt of Tra nsportatio n, (latest ed itio n).
References in the Special Provisions and on the Signal Plans to the'CALTRANS Standard Plans" shall mean the applicable Standard Plans of the State of California, Business and Tra nsportation Agency, Department of Transportation, (latest ed ition).
Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place and that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor
shall furnish all labor, materials, tools, equipment and incidentals, and do all the work involved in executing the contract.
WAGE RATES AND LABOR CODE REQUIREMENTS
Waqe Rates
Contractor is aware that this is a Federally funded project, therefore the Davis-Bacon wage determination rates apply. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. lf the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
Apprentices
Section 1777.5 requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the contract.
The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other Contractors on the public works site are making such contributions.
The Contractor must also comply with the requirements regarding Federal trainees noted in the Federal Requirements Section of these Special Provisions. lnformation relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of lndustrial Relations or from the Division of Apprenticeship Standards.
RESOLUTION OF CONSTRUCTION CLAIMS OF $375.000 OR LESS.
Effective January 1, 1991, Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, nonbinding judicially supervised
mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less.
"Public work" has the same meaning as in Section 3100 and 3106 of the Civil Code, (20104 (b) (1))
"Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the contract for a public work and payment of which is not othenryise entitled to, or (C) and amount the payment of which is disputed by the local agency. QÙaU(b) (2)) The following requirements apply to all contracts entered into after January 1 , 1991, and all claims to which this section applies: (All references are to Section 20141.2 et Seg.). (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements othenruise provided by contract for the filing of claims. (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may çquqst, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant.
(b)
(2) lf additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater.
(c) (1) For claims over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond on writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant.
(2) lf additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after the receipt of further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater.
(d) lf the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, eitherwithin 15 days of receipt of the local agency's response orwithin 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) lf following the meet and confer conference the claim or any portion remains in dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. (b) (1) lf the matter remains in dispute, the case shall be submitted_to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(2) ln addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 Part 3 .of
the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney's fees on appeal of the other party.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim, which is undisputed except as othenruise provided in the contract. (b) ln any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law."
CLAYTON ACT AND CARTWRIGHT ACT
Section 4551 of the State Government Code specifies that in executing a public works contract with the AGENCY to supply goods, services or materials, the CONTRACTOR or Subcontractor(s) offers and agrees to assign to the AGENCY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professional Code arising from purchase of goods, services or materials pursuant to the contract or subcontract. This assignment shall become effective when the AGENCY tenders final payment to the CONTRACTOR without further acknowledgment by the parties.
SUBSTITUTION OF SECURITIES
ln conformance with the State of California Government Code Chapter 13, Section 4590, the CONTRACTOR may substitute securities for any monies withheld by the AGENCY to ensure perfôimâñêê undêl the êontract.
At the request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the City or with a State or Federally chartered bank as the escrow agent who shall pay such monies to the CONTRACTOR upon notification by AGENCY of CONTRACTOR's satisfactory completion of the contract.
The type of securities deposited, and the method of release shall be approved by the Gity Attorney's office.
METHOD OF PAYMENT
lnvoices
The Contractor shall present an invoice for work completed during the previous month.
The invoice shall reflect work required by this specification at the predetermined contracted amount and also reflect extra work assigned during the period.
Required reports shall be submitted with the monthly invoice and shall be reflective of the work functions accomplished during that period. Failure to submit monthly reports will delay payment.
Monthly invoices shall be mailed to:
City of Yorba Linda
Parks and Recreation Department
4845 Casa Loma Ave
Yorba Linda, CA 92886
HOURS OF WORKAND SCHEDULING
Normal work hours are from 7:00 a.m. to 4:00 p.m., Monday through Friday. The Contractor shall perform his work at such times as to minimize disturbance or interference to resident convenience, pedestrian or vehicle circulation.
SOUND CONTROL REQUIREMENTS
The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances, which apply to any work performed pursuant to this agreement.
Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed, therefore.
CONSTRUCTION MAINTENANCE EQUIPMENT VEHICLES
Thê ContiâCtor Shãll tâkê âll nêceSsâry preoãUtionS foi the Sâfe operation of equipment and the protection of the public from injury and damage from such equipment. All equipment deemed by the City representative to be unsafe, in disrepair, or unsatisfactory shall be repaired or replaced immediately at no additional cost to the City. All transportation vehicles shall have the Contractor's name clearly visible.
ApDlTtoNS/DELETTONS TO SPECI FICATIONS
The City reserves the right to make additions, deletions, revisions, and/or otherwise modify the General Maintenance Requirements and Specific Work Requirements.
Any changes in this Specification that may cause the Contractor to incur additional expense shall be negotiated with the City representative upon written request and justification.
ri Bond No: O24271826
Premium: $16,976.00
FAITHFUL PERFORMANCE BOND
FOR
VISTA DEL VERDE PARK SPORT COURT IMPROVEMENT PROJECT
KNOW ALL MEN BY THESE PRESENTS, that R G General Engineering lnc.
CONTRACTOR, ¿¡6 The Ohio Casualty lnsurance Company ¿g
SURETY, are held and firmly bound unto the CITY OF YORBA LINDA as AGENCY, in the penal sum of: Five Hundred Sixty Five Thousand Eight Hundred Eighty Two Dollars and Zero Cents Dol6rs (g 565,882.00 which is one hundred percent (100%) of the total contract amount for the above stated project, for the payment of which sums CONTRACTOR and SUREW agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above stated project, ¡f CONTRACTOR faithfully performs and fulfills all obtigations under the contract documents in the manner and time specified therein, then this obligation shall be null and void; otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release éither CONTRACTOR or SURETY and notice of such alterations is hereby waived by SURETY.
WITNESS our hands this 2nd day of November 2023
(seal)
R G General Engineering lnc.
ooNTRACTOR (CORPORATTON,WPE)
PRESIDENT
By:
SECRETARY/TREASURER
NOTE: SIGNATURE OF CORPORATE OFFICIALS AND SURETY OFFICIALS MUST BE
NOTARIZED
ORANGE\I(SD\4984
)
BBK: DECEMBER 2003
B-2
PERFORMANGE BOND (Pacie 2)
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The Ohio Casualty lnsurance Company
SURETY'S NAME.TYPE
790 The City Drive South Suite 200 Orange, CA 92868
MArLrNc ADDRESS (SURETY)
Kevin P. Reed, Attorney-in-Fact
Title
NOTE: SIGNATURE OF CORPORATE OFFICIALS AND SUREry OFFICIALS MUST BE
NOTARIZED
BOND APPROVED AS TO FORM
C¡TY ATTORNEY. CITY OF YORBA LINDA
ORANGE\I(SD\4984
BBK DECEMBER2OOS
B-3
CLEAN
A notary publ¡c or other off¡cer completing th¡s cert¡ficate ver¡f¡es only the ident¡ty of the individual who signed the document to wh¡ch th¡s cert¡ficate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
on 111212023 before me, Jessica Tinoco Garcia, Notary Public Ddte
Personally appeared
Here lnsert Name and Title oÍ the OfÍicer
Kevin P. Reed
Nøme(s) of Signer(s)
who proved to me on the basi
the within instrument an
capacity@nd
which the person the instrument
Signature
Signoture of Notary Public
Place Notary Seal Above
Though this section is optionø\, completing this informotion con deter alterotion of the document or froudulent reottachment of this form to an un¡ntended document.
Description oî Attached Document
Title or Type of Document _ Document Date
Number of Pages Signer(s) OtherThan Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name Signer's Name
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
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ACKNOWLEDGMENT
State of Califomia
County of LOS ANGELES
on NOVEMBERT, 2423 before me, GLORTA MACIAS, NOTARY PUBLIC (insert name and title of the officer)
personally appeared RICHARD GONZALES
who proved to me on the basis of satisfactory evidenee to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. under PENALTY OF PERJURY under the laws of the State of California that the WITNESS my hand and officialseal.
Signature (Seal)
A notary public or other completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
that ment.
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|lcary Dublk . Callfornta
[6 AEolet County
Comrnl¡¡lon I lf49i4l
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Thi¡ Power ofAttorney limits the acts of those named herein, and they havo no authority to bind the Gompany except in thc mdnner and to the extent herein stated, Libertv
MutuáI"
Liberty Mutual lnsurance Company
The Ohio Casualty lnsurance Cbmpany
West American lnsurance Company
POWER OF ATTORNEY
Certificate No: 8208853-9696{2
SURETY
morc one
execute,
of lhese
persons.
seal,
lN WTNESS WHEREOF this Power of Attorney has been subsøibed by an authorized offær or offcial of the Companiæ and the corporate seals of the Companies have been affxed hefetoüis l4th dayof Ocúober ,2022 Liberty Mutual lnsurance Company
The Ohio Casualty lnsurance Company
Wæt lnsurance Company
of PENNSYLVANIA
David M. Care¡ Assistant Secretary
ofMONTGOMERY
ss
on any and all undertakings, bonds, reægnizances and other surety obligations, in pursuance presenb and shall be as binding upon the Conpaniæ as if ttrey have been duly signed by the president and attæted by the secretary of lhe Companiæ in their ourn proper By:
his 14th dayof October , 2022
cas[a]3G-pnx ãñAT6I
pemonally appeared David M. Carey, who acknowledged himselfto be lnsurance Compan¡ and that hg as such, being authorized so to d0, the Assistant Secretary of Liberty Mutual lnsurance before me American
therein æntained by signing on behalf of the corporalions by himselfas a duly authorized offcer. execute the foregoing instrument for the
lN WTNESS Vt HEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year fìrst above written. oomffiållh of Pemswânia " Notãry Seal
ToEs Pastella, Nohry Publrc
Montgmry County
ldy Mnision ðxÞißs Mårc¡ 28, 2026
Commissbn number 1 120044
By: l"frølnsuranæ Company, and West American lnsurance Company which resolulions are not in full force and effect reading as follows:
ARTICLE IV- OFFICERSI Sedion 12. Power of Attorney.
Any ofûcor or oher offcial of lhe Corporation authorized for that purpose in wr¡ting by the Chaiman or $e President, and subject to such limitation as the Chaiman or tho Piesident may præøibe, shall appoint such attomeys-in-fact as may be necessary to act ¡n behalf of the Corporation to make, execute, seal, ad<nowledge and deliver as surety any and all undertakings, bonds, recogn¡zances and other eurety obligalions. Such athmeys-in-fact subject to lhe limitalions set forth in theh respective porers of attomey, shall have full porer to bind lh€ Corporation by their signalure and execution of any such instruments and to attach thereto the seal of the Corporation. When so ex€cuted, such instÍuments shall be as binding as if signed by the President and attested to by the Særetary, Any power or authority granted to any representative or attomey-in-fact under provisions of his arlide may be revoked at any lime by he Board, he Chairman, the President or by the offcer or ofllcers granling such power or authority.
ARTICLE Xlll - Execution of Contracb: Sedion 5. Surety Bonds and Undertakings. shall appoint such attomeys-in-fact, as may be necessary to ad in behalf of the Company to makq execute, seal, acknowledge and deliver as surety any and all undertakings, Company by thek signafure and exeq¡tion of any such instrumenb and to attach thereto fte seal of the Company. When so ãxecuted such inét¡uments shall be as binding as if signed by the presid€nt and attested by he secrstâry.
fad as may be necssary to act on behalf of the Company to make, exeqlte, sêal, acknourledge and deliúer as suroty any and all underlakings, bonds, recognizancos and other jurety obligations.
the same bræ and effect as ûrough manually afüxed.
has not been revoked. ,
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lN TESIMONY WHEREOF, I have hereunto set my ttùà d¿.aff¡ed äereals ci sa:d r'lompaniæ ttris 2ng _
day of Novemb¿r
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LMS-12873 LMIC OCIC WAtC Mutt¡ Co o2p1
By
Bond No:024271826
PfgmiUm: Premium listed on Performance Bond
MATERIAL AND LABOR PAYMENT BOND
FOR
VISTA DEL VERDE PARK SPORT COURT IMPROVEMENT PROJECT
KNOWALL MEN BY THESE PRESENTS, that R G General Engineering lnc.
CONTRACTOR, and The Ohio Casualty lnsurance Company AS
SURETY, are held and firmly bound unto THE CITY OF YORBA L¡NDA as AGENCY, in the penal sum
Five Hundred Sixty Five Thousand Eight Hundred E¡ghty Two Dollars and Zero Cents Dollars 565,882.00
, which is one hundred percent (100%) of the total contract amount for the above stated project, for the payment of which sums CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above stated project, ¡f CONTRACTOR or any subcontractor fails to pay for any labor or materials of any kind used in the performance of the work to be done under said contract. or fails to submit amounts due under the State Unemployment lnsurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alternations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shal! not in any way release either CONTRACTOR or SURETY and notice of such alterations is hereby waived by SURETY.
WTNESS our hand this2nd day of November 2023
(seal) R G General Engineering lnc.
CoNTRACTOR (CORPORATION- TYPE)
By
President
By
Secretary/Treasurer
NOTE: SIGNATURE OF CORPORATE OFFICIALS AND SURETY OFFICIALS MUST BE
NOTARIZED
ORANGEU(SD\4984
BBK: DECEMBER 2003
B-4
PAYMENT BOND (Page 2)
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The Ohio Casualty lnsurance Company
Surety's Name - Type
790 The City Drive South Suite 200 Orange, CA 92868
Mailing Address (Surety)
By:
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NOTE:
NOTARIZED
SIGNATURE OF CORPORATE OFFICIALS AND SURETY MUST BE
BOND APPROVED AS TO FORM:
CITY ATTORNEY . CITY OF YORBA LINDA
ORANGE\I(SD\4984
BBK DECEMBER 2OO3
B-5
CLÊAR
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT CIV¡I- COÐE S1189 :*¡åf¿.j r^{sxd!riià;:$frìt{:çir{cià¿*âi'H.lg¿.*¿}:t{"trYs, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, State of California
County of Orange
on 11t212023 before me, Jessica Tinoco Garcia, Notary Fublic Date
Personally appeared
Here lnsert Name and Title of the Officer
Kevin P. Reed
Nome(s) of Signer(s)
who proved to me on the basis of satisfactory evidencc tg be the p"rron16f*ho." nr*{f1Çare subscribed to the within instrument and qcknowledged to metlqtSe/àhe/they executed the same iryÉi$/trer/theiraurhorized capacity$çrfand th# bVfiitlher/their;ignaturefgãn\n/rnstrumentthe person(s),,, or thÅ'elli¡tv upon behatf of which the p-erson(actè{executed the instrurneny. ,/
I certify under PENATTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct.
WITNËSS my hand and official seal li' '..'-..-'.'...¿..' '-: .1.,J \ ¡(.:.:.:: ;[iSC,\"iiiC:,. :..::.',\ t
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Though this section is optional, completing this informotion can deter alteration of the document or fraudulent reattachment of this form to on unintended document.
Descriptlon of Atteched Document
Title or Type of Document Document Date *--
Number of Pages _ Signer(s) OtherThan Named Above
Capacity(ies) Claimed by Signer(s)
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@2014 NationalNotaryAssociation . www.NationalNotary.ors r 1-800-US NOTARY (1-B0O-876-6827l ltem#5907
ACKNOWLEDGMENT
State of Califomia
Gounty of LOS ANGELES
on NOVEMBERT, 2023 before me, GLORI,A MACIAS, NOTARY PUBIJC (insert name and title of the officer)
perconally appeared RICHARD GONZALÊS
who proved to me on the basis sf satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. under PENALTY OF PERJURY under the laws of the State of California that the A notary public or other offtcer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
valid of that document.
WITNESS my hand and official seal
Lor Angeler €ounty
Commltslon # 2.1499,f2
Jun 13, 2027
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Thl¡ Powe¡ ofAttorney limits the ac.ts ofthose named herein, and they havo no authodty to blnd the Company except in the mánner and lo the oxtent herein stated, Liberty Mutual lnsurance Company
The Ohio Casualty lnsurance Company
West American lnsurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: TTat The Ohio Casualg lnsurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Jessica Garcia: Kevin P. Reed: Silvia Ortiz: Sonva Silva: Stanlev Tutton Libertv
Mutuál. CerlificateNo: 8208853-9696f2
SURETY
each mofe one
execute, seal, on dù 89 any and all undertakings, bonds, æcognizances and other surety obligations, in pursuance of these presenb and shall be as binding upon the Companies as ifthey have been duly signed by the president and attested by the secretary of the Companies in their own proper pêfsons.
lN WITNESS WHEREOF, this Poler of Attomey has been subscribed by an authorized officer or oficial of the Companiæ and the corporale seals of the Companies have been affxod theretothis l4th dayof October , 2022
Liberty Mutual lnsurance Company
The Ohio Casualty lnsurance Company
West lnsuronce Company
Byl
of PENNSYLVANIA
David M. Carey, Assistant
ofMONïGOMERY
ss
this l4th 2022 beforeme
äñäT6[American
pemonally appeared David M. Carey, who acknoudedged himself to be üe Assislant Secretary of Liberty Mutual lnsuranæ lnsurance Compan¡ and lhat he, as such, being authorized so to do, execute the foregoing instrument for tho purposes contained by signing on behalf of the corpøations by himself as a duly auhorized officer WITNESS WHEREOF, I have hereunto subsøibed my name and affixed my notarial seal at Plymouûr Meeling, Pennsylvania, on the day and year fißt above written.
By: /*fr//-
This Poter of Attorney is made and o(ecuted pursuant to and by auttroity of the follouring By-laws and Authorizations of The Ohio Casualty lnsurance Company, Liberty Mutual lnsuranc,e Company, and West Ameriæn lnsu¡ance Company which ræolutions are now in full force and etfect reading as follows:
ARTICLE lV - OFFICERS: Section ,l2. Power of Attøney.
Any offiær or oher offic¡al of he Cøpøation auürorized ftr trat purpose ¡n wr¡ting by he Chairman or th€ Presidont, and subject to such lim¡lation as lhe Chairman or President may presøibe,
any and all undertak¡ngs,
shall appoint such atbmeys-in-tact, as may be necessary to ac't ¡n behalf of the Corporation to make, execute, seal, acknorvledge and deliver as bods, recognizances and other surety obligations. Such attomsys-in-fac{, subisc't to the limitations sêt forth in their respeclive porem of attomey, shall have full power to bind the Corporation by their signature and execulion of any such instrumonts and to attach thereto the seal of the Corporalion. When so executed, such ¡nstrumenb shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under provisions of his artide may be revoked at any time by he Board, he Chairman, the President or by the offcer u offcers granting sudr power or aulhority.
ARTICLE Xlll - Execution of Contracls: Sec.tion 5. Surety Bonds and Undertakings.
Any oflcer of the Company aulhorized for that purpæe in writing by the clairman or the presiden! and subject to such limitations as the cha¡rman ø the præident may præcribe, shall appoint such attomeys-in-fa{ as may be nec€ssary to ad in behalf of the Company to make, exec{,te, seal, acknorvledge and deliver as surety any and all undertakings, Company by their signature and exe@tion of any such instrumenb and to attach thereto the seal of the Company. When so executed such instrumenb shall be as binding as if signed by the præident and attested by he secrehry.
obligations.
Compan¡ wherever appearing upon a certifed copy of any power of attomey issued by the Company in connection wiür surety bonds, shall be valid and binding upon the Company wiür the same force and efiec't as $ough manually añxed.
l, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty lnsurance Company, Uberty Mutual lnsurance Company, and West American lnsurance Company do has not been revoked.
lN TESTIMONY WHEREOF, I have hereunto set my hand anrl ¡íÌabd tU) ç";rb $f Add Cumpanies üris 2nd day of Novcmber , 2023 o
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By:
ADMINISTRATION DEPARTMENT
DATE: NOVEMBER 21, 2023
TO: HONORALBE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARK A. PULONE, CITY MANAGER
PREPARED BY: ARLENE QUINTERO, PRINCIPAL RISK AND SAFETY
ANALYST
SUBJECT: DENIAL OF CLAIM FOR DAMAGES FOR LOPEZ, DEBRUYN AND PYLUSD
RECOMMENDATION
It is recommended that the City Council of the City of Yorba Linda deny the claims for damages filed by Jorge Lopez, Dennis and Paula DeBruyn, and the Placentia-Yorba Linda Unified School District.
BACKGROUND
Claims for damages filed against the City are reviewed and investigated by City staff and a third-party claims administrator with George Hills Company, Inc. George Hills Company specializes in claims management and risk management services. These services are provided through the City’s contract membership in the California Insurance Pool Authority.
City staff make recommendations to the Council for settlement or denial based on the investigatory findings. A claimant’s failure to provide evidence of and/or supporting documents to substantiate the claim for damages will also result in a recommendation for denial of the claim.
DISCUSSION
The following claims for damages have been recommended for denial based on the investigations by City staff and the third-party claims administrator. Further details for each claim are available upon request.
Jorge Lopez
The claimant is requesting compensation for medical expenses related to a gunshot injury.
The claimant was shot by the Burlington Northern Santa Fe (BNSF) Railway police while in a railway area near 28282 Brush Canyon Drive. The Orange County Sheriff Department (OCSD) report #23-0113493 confirms OCSD took a report of the incident as a courtesy towards BNSF police. The report confirms no Yorba Linda Police Services personnel were involved in the initial incident. No employees, agents, contractors, or volunteers of the City
DENIAL OF CLAIM FOR DAMAGES FOR LOPEZ, DEBRUYN AND PYLUSD P a g e | 2 of Yorba Linda were involved in or contributed to the incident. The City of Yorba Linda has no responsibility or legal liability for any claims for damages arising out of this incident, and therefore the claim is misdirected. The third-party claims administrator and City staff recommend denying the claim.
Dennis and Paula DeBruyn
The claimants allege damage to property wall by a falling City tree branch at 5075 Via Ricardo. City records show that the tree was maintained in accordance with arborist standards and the City’s three-year trimming cycle. Branches fall as part of the natural course of a tree’s life cycle and can be caused by Acts of Nature including but not limited to high winds, rain, heat, and drought. Since the City maintained its trees in accordance with National Arborist standards, the occurrence of such damage is deemed an “act of God” and thereby the City is not liable for said damage. Therefore, the third-party claims administrator and City staff recommend denying the claim.
Placentia-Yorba Linda Unified School District-Kyle Brown The Placentia-Yorba Linda Unified School District filed a claim against the City of Yorba Linda seeking defense and indemnification related to the claim and lawsuit filed by Kyle Brown for injuries sustained on playground equipment at Jessamyn West Park on June 14, 2022. The City of Yorba Linda previously received a claim from Kyle Brown which has been rejected, and a lawsuit has since been filed and served against the City. Additional defendants in the lawsuit include Fairmont Elementary School, Northeast Orange County SELPA, Placentia-Yorba Linda Unified School District, Jessamyn West Park, Yorba Linda Parks and Recreation Department, and the County of Orange. Information available to date suggests that the City does not have a duty to defend and/or indemnify PYLUSD, and in fact, they may be partially liable for negligent supervision of Kyle Brown. In discussion with the City’s defense counsel, rejection of the claim from PYLUSD is recommended to shorten the statute of limitations for them to file a timely cross-complaint against the City of Yorba Linda.
FISCAL IMPACT
None
ALTERNATIVES
As an alternative to staff’s recommendations for the claims, the City Council has the following options:
1. Accept liability for the claims and pay the amount specified in the claim forms.
2. Grant settlement authority up to a certain amount and direct the claims adjuster to enter into settlement negotiations with the claimants.
CITY OF YORBA LINDA
PLANNING COMMISSION
AGENDA ITEM SUMMARY
Meeting Date: November 15, 2023
Community Development Department
Planning Division
Director
David Brantley, AICP
APPROVAL OF OCTOBER 25, 2023, PLANNIING COMMISSION MEETING MINUTES A motion by Chair Pro Tem Singh, Second by Commissioner Bernstein to approve the October 25, 2023, Planning Commission meeting minutes. The motion carried (3-0-1-1) with the following roll call vote:
AYES: Bernstein, Singh, Pease
NOES: None
ABSENT: Behura
ABSTAIN: Masterson
CONDITIONAL USE PERMIT 2023-28 REECE
A motion by Commissioner Bernstein, Second by Chair Pro Tem Singh adopting Resolution No. 5571 approving Conditional Use Permit 2023-28 Reece subject to attached conditions of approval. The motion carried (4-0-1-0) with the following roll call vote:
AYES: Singh, Pease, Bernstein, Masterson
NOES: None
ABSENT: Behura
ABSTAIN: None
CONDITIONAL USE PERMIT 2023-32 SANTA CLARA DE ASIS
A motion by Commissioner Bernstein, Second by Chair Pro Tem Singh adopting Resolution No. 5572 approving Conditional Use Permit 2023-32 Santa Clara De Asis, subject to attached conditions of approval. The motion carried (4-0-1-0) with the following roll call vote:
AYES: Bernstein, Singh, Pease, Masterson
NOES: None
ABSENT: Behura
ABSTAIN: None
CONDITIONAL USE PERMIT 2023-33 GOLF INDOOR GOLF CENTER
A motion by Commissioner Masterson, Second by Chair Pro Tem Singh adopting Resolution No. 5573 approving Conditional Use Permit 2023-33 Golf Indoor Golf Center, subject to attached conditions of approval. The motion carried (4-0-1-0) with the following roll call vote: Page 228 of 242 2 AYES: Bernstein, Singh, Pease, Masterson
NOES: None
ABSENT: Behura
ABSTAIN: None
SIGN REQUEST 2023-01 YORBA LINDA PRESBYTERIAN CHURCH
A motion by Chair Pro Tem Singh, Second by Commissioner Bernstein approving Sign Request 2023- 01 Yorba Linda Presbyterian Church by minute motion. The motion carried (4-0-1-0) with the following roll call vote:
AYES: Bernstein, Singh, Pease, Masterson
NOES: None
ABSENT: Behura
ABSTAIN: None
Adjournment: The meeting adjourned at 7:16 p.m. to the December 13, 2023, Planning Commission meeting at 6:30 p.m.
CITY CLERK'S OFFICE
DATE: NOVEMBER 21, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCIA BROWN, CMC, CITY CLERK
SUBJECT: COUNCIL COMMITTEE AND AGENCY REPORTS
RECOMMENDATION
It is recommended that the City Council receive and file this report.
DISCUSSION
City Council members serve on a number of outside committees and agencies. Attached are updates received recently from these agencies.
ATTACHMENTS
1. Reports from City Council Organizations, Agencies and Committees
Transportation Corridor Agencies
For the November 9, 2023, Meeting
BOARD MEETING HIGHLIGHTS
F/ETCA BOARD OF DIRECTORS
John Taylor, Chair,
SAN JUAN CAPISTRANO
Patricia Kelley, Vice Chair,
MISSION VIEJO
Ashleigh Aitken,
ANAHEIM
Mike Frost,
DANA POINT
Farrah Khan,
IRVINE
Scott Voigts,
LAKE FOREST
Denis Bilodeau,
ORANGE
Anthony Beall,
RANCHO SANTA MARGARITA
David Penaloza,
SANTA ANA
Austin Lumbard,
TUSTIN
Beth Haney,
YORBA LINDA
Donald P. Wagner,
COUNTY OF ORANGE, 3RD DIST.
Doug Chaffee,
COUNTY OF ORANGE, 4TH DIST.
Katrina Foley,
COUNTY OF ORANGE, 5TH DIST.
Mario Orso, Ex Officio Member,
CALTRANS DIST. 12
SJHTCA BOARD OF DIRECTORS
Will O’Neill, Chair,
NEWPORT BEACH
Janine Heft, Vice Chair,
LAGUNA HILLS
Richard Hurt,
ALISO VIEJO
Arlis Reynolds,
COSTA MESA
Jamey Federico,
DANA POINT
Farrah Khan,
IRVINE
Stephanie Oddo,
LAGUNA NIGUEL
Cynthia Conners,
LAGUNA WOODS
Patricia Kelley,
MISSION VIEJO
John Taylor,
SAN JUAN CAPISTRANO
David Penaloza,
SANTA ANA
Donald P. Wagner,
COUNTY OF ORANGE, 3RD DIST.
Katrina Foley,
COUNTY OF ORANGE, 5TH DIST.
Mario Orso, Ex Officio Member,
CALTRANS DIST. 12
73/133/241/261 TOLL ROADS
241/91 EXPRESS CONNECTOR CITY OF ANAHEIM AND UTILITY AGREEMENTS The Foothill/Eastern Transportation Corridor Agency (F/ETCA) Board of Directors approved a Cooperative Agreement with the City of Anaheim for the 241/91 Express Connector Project to proceed with future project design requirements. The agreement includes the execution of a right-of-way acquisition and required certification for underground easement for an Express Connector bridge column.
The Board also approved a Utility Agreement with AT&T for future relocation of underground communication conduits within the project limits at the Gypsum Canyon Road interchange.
Approved execution of these agreements is required as a necessary milestone for future Caltrans approval of the 241/91 Express Connector project for construction advertisement.
CONTRACTS APPROVED – TRAFFIC ENGINEERING CONSULTING AND
ENGINEERING DESIGN SERVICES
• A task order with Stantec Consulting Services was approved for $23,500 for the San Joaquin Hills Transportation Corridor Agency (SJHTCA) fiscal year 2025 budget planning and ongoing analysis and $224,500 for the F/ETCA fiscal year 2025 budget planning, ongoing analysis, and planning for the 241/91 Express Connector Project. Stantec Consulting Services, Inc. was pre-qualified for oncall traffic engineering consulting services through a competitive request for statement of qualifications previous approved by the Boards of Directors in August 2020.
• A contract amendment was approved in the amount of $1.39 million with HDR Engineering Inc. to provide final design services for the 241/91 Express Connector project. As the project moves forward in the design phase, further engineering effort is needed to accommodate the additional project approval requirements and to update design plans to current Caltrans standards. Interagency agreements are needed prior to the project’s final design approval.
FIRST QUARTER BUDGET REPORTS FOR FISCAL YEAR 2024:
Through the end of the first quarter of fiscal year 2024, the SJHTCA recorded net toll revenue of $40.3 million, an increase of 10.9 percent over the same period in the prior fiscal year. Transactions were higher as well, coming in at
7.9 percent compared to the same period the year prior.
The F/ETCA ended the first quarter of fiscal year 2024 with a net toll revenue of $49.5 million, an increase of 10.8 percent over the same period in the prior fiscal year. Transactions increased 7.8 percent in the year-over-year comparison.
Collectively, the Agencies processed over 24 million transactions in the first quarter of fiscal year 2024, an average of nearly 267,000 transactions each day.
MONTHLY REPORT:
October
Monthly Year to Date (YTD) County Monthly County YTD
OPERATIONS
Service Requests Completed: 30 151 883 4,514
Mosquitoes: 23 125 764 3,803
Rats: 2 8 71 357
Rifa: 3 15 36 293
Number of Swimming Pools Treated/Inspected: 87 406 1,131 8,702 Hours Spent Treating/Inspecting Gutters 6.5 101 464.8 4,879.6 Undergrounds Treated: 49 251 3,151 23,069
Acres of Flood Channels Treated: 0.97 4.17688 98.51 700.22078 Acres of RIFA Treated/Inspected: 527 2,053 6,896 59,949 Number of Inspection Treatments: 35 346 1,574 15,153
LABORATORY
Adult Mosquitoes Collected: 589 4118 30,362 350,385
Collected From Trustee Home: 0 0 0 0
Invasive Aedes 52 264 2,222 9,429
Mosquito Pools (Samples) Tested: 14 116 829 5,726
WNV Positive Samples: 0 4 88 209
WNV Positive Birds: 0 0 1 2
Number of Human Infections/Deaths: 0 0 0 6
Fleas, Ticks, and Others Tested: - - - 719
COMMUNICATIONS
Outreach Events Attended: 0 0 10 50
General Presentations: 0 2 2 41
Educational Program Presentations: 0 0 19 148
Calls Received - - 386 3,011
E05 East Richfield Channel, Section 5
TOTAL 18
AVERAGE 3.60
Yorba Linda
PROJECTS IN COLLABORATION WITH OCMVCD
COUNTY RESPONSE LEVEL / AVERAGE RATING:
Normal Season (1.0 to 2.5)
Elevated Risk (2.6 to 4.0)
High Risk (4.1 to 5.0)
ORANGE COUNTY MOSQUITO VECTOR CONTROL DISTRICT
NOVEMBER 21, 2023 CITY COUNCIL MEETING
CONSENT CALENDAR ITEM NO. 9 – COUNCIL COMMITTEE AND AGENCY REPORTS
ADDITIONAL MATERIAL RECEIVED AFTER POSTING OF AGENDA
South Coast Air Quality Management District Newsletter Fall 2023 Carlos Rodriguez
Cities of Orange County
Governing Board Member
Welcome to my newsletter for the residents and businesses of Orange County. My goal is to help keep
you informed about the policies and
programs at South Coast AQMD that
improve air quality in our basin, which
benefits you, our cities, and our economy.
If you have suggestions for improving air
quality, please feel free to contact me at
[email protected].
Sincerely,
Councilmember Carlos Rodriguez,
Yorba Linda City Council
Six Zero-Emission On-Demand Transit Projects
Funded to Increase Options for Local Residents
This spring, the Mobile Source Air Pollution Reduction Review Committee (MSRC) awarded more than $1.9 million for six innovative projects that will deliver zero-emission on demand, flexible services to communities within the South Coast region. These projects will fill the gap between traditional “fixedroute” transit and “ride hailing technology” to increase transportation options for residents. Three of the projects are in Orange County.
The zero-emission vehicles will accommodate at least four passengers per vehicle (in addition to the driver). The vehicles must also comply with applicable Americans with Disabilities Act, Department of Transportation, and Department of Motor Vehicles requirements.
The three Orange County projects are:
• Circuit Transit Shared Mobility (City of Seal Beach) – The City will partner with Circuit Transit to deploy three Waev GEM e6 vehicles to transport residents and tourists to
many of the City’s most visited areas including the pier, the beach, City Hall, and Main Street.
• Circuit Transit Rideshare Program (City of Huntington Beach) – The City will expand its existing microtransit service area to transport passengers who request a ride through their app.
• Old Towne Orange Microtransit Service (Anaheim
Transportation Network) – ATN, in partnership with the
City of Orange will launch a new on-demand microtransit service utilizing 10 Waev GEM e6 zero-emission vehicles around a one-mile radius of the Old Towne Orange Plaza.
With these projects, the MSRC aims to target communities that will most directly benefit from this type of mobility opportunity. This includes areas where microtransit services can be directly integrated into other transit systems. These will benefit areas where traditional fixed-route service would not be ideal, as well where traditional fixed-route transit does not currently meet the needs of residents. Several of these projects will launch later this year.
For more information on the MSRC, visit http://www.cleantransportationfunding.org.
Greetings!
South Coast AQMD has been awarded
roughly $76 million by the California State
Transportation Agency (CalSTA) for zeroemission projects that will help transform the goods movement sector in the San Pedro Bay
Port corridor.
More than 80% of air pollution in Southern
California is associated with mobile sources
including trucks, trains, planes and oceangoing vessels. As such, transitioning to zero emission technologies is essential to reducing
air pollution. The projects developed by this
funding will create 7,600 jobs and reduce 1.7
tons of fine particulate matter (PM2.5) and 632
tons of Nitrogen Oxides (NOx)—a precursor to
smog.
South Coast AQMD will use the more
than $76 million in CalSTA’s Port
and Freight Infrastructure Program
to demonstrate one first-of-its-kind
hydrogen fuel cell locomotive that
will operate in and around Southern
California. The project will also install
376 Direct Current Fast Chargers
and 19 hydrogen refueling dispensers
across seven locations for trucks used
for goods movement.
This project will increase throughput
to California ports by demonstrating
a locomotive that can haul 50% more
freight per locomotive and deploy additional
faster charging options for more than 2,100
zero-emission trucks, allowing more time to be
spent on moving freight instead of recharging.
South Coast AQMD is working with Wabtec
Corporation and Prologis Mobility to deliver
the fuel cell train and supporting infrastructure
by 2027 and then demonstrate it for a year.
The 2022 Air Quality Management Plan
(AQMP) shows that to achieve federal air
quality standards, we need to transition rapidly
to zero-emission technologies in the goods
movement sector to reduce PM2.5 and NOx
emissions. South Coast AQMD is focused on
the statewide goal of 100% zero-emissions in
the transportation sector in part by facilitating
and managing public and private partnerships.
The Port and Freight Infrastructure (PFI)
Program seeks to improve the capacity, safety,
efficiency and resiliency of goods movement
to, from and through California’s maritime
ports. PFI aims to reduce greenhouse gas
emissions, air pollution and negative economic
impacts and improve public health for the
many environmental justice communities
adjacent to the corridors and facilities used
for goods movement, while promoting highquality road, port, freight and construction sector jobs.
For more information on the Port and Freight
Infrastructure Program, visit https://calsta.
ca.gov/subject-areas/freight-rail-border.
Newsletter page 2 Fall 2023
Register for South Coast AQMD’s Free Air Quality Education Programs for Elementary, Middle and High School Students South Coast AQMD Awarded $76 Million for a First-of-its-Kind Zero-Emission Fuel Cell Train
South Coast AQMD’s free air quality
educations programs, Why Healthy Air Matters
(WHAM), and the Clean Air Program for
Elementary Students (CAPES) are open for
registration. The programs were created to
generate awareness of local air
quality issues to elementary,
middle and high school
students.
The WHAM program introduces
students to academic and
career paths that they can
take to help clean the air. Students learn
about air quality through a hands-on science,
technology, engineering and math public
policy, chemistry, health impacts, sources
of air pollution and clean air solutions. This
curriculum, aligned with Next Generation
Science Standards (NGSS), is flexible to fit
in-person, hybrid and/or distance learning.
In Orange County, schools in Garden
Grove, Santa Ana, Mission Viejo, Fullerton,
Huntington Beach, Capistrano and Fountain
Valley have been participating in WHAM.
CAPES is geared toward first through sixth
grade students. The program educates
students about the importance of clean
air, health impacts and actions students
can take to improve air quality. Educators
participating in this program are provided
with short videos and an NGSS-aligned
curriculum kit that includes lesson
plans, worksheets and answer keys. In
our county, schools in Orange, Santa Ana,
Huntington Beach, Santa Ana and Buena Park
have been participating in CAPES. The air
quality education programs have collectively
reached more than 31,000 students since
their inception in 2019.
Last school year, South Coast AQMD
implemented WHAM in a total of 409
classrooms, 70
high schools
and 45 middle
schools within
the agency’s
jurisdiction,
reaching more
than 10,000 middle and high school-aged
students. CAPES was implemented in a total
of 90 schools, reaching more than 6,000
students throughout South Coast AQMD’s
jurisdiction. Both programs are available at no
cost for eligible schools, youth groups, clubs
and organizations.
For information on WHAM and CAPES, or to
register, please visit: http://www.aqmd.gov/
home/programs/education.
CAPES CleAn Air ProgRam for elemenTary sTudenTs
Check Before
You Burn Season
FINANCE DEPARTMENT
DATE: NOVEMBER 21, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DIANNA HONEYWELL, FINANCE DIRECTOR / CITY TREASURER SUBJECT: FISCAL YEAR 2023/24 FIRST QUARTER BUDGET UPDATE
RECOMMENDATION
It is recommended that the City Council receive and file the attached list of line-item budget transfers and supplemental budget appropriations for the first quarter of FY 2023/24 (Attachment 1), as required by City Council Policy F-4 – Supplemental Budget and LineItem Transfers.
BACKGROUND
On June 20, 2023, the City Council adopted the Two-Year Budget for fiscal years 2023/24 and 2024/25. From time to time, the City’s operating and capital improvement budgets require modification. These modifications include refinement in estimated costs and events that were unanticipated when the budget was adopted. Subsequent budget adjustments and transfers for the first quarter of FY 2023/24 have been identified and recorded. This update is to inform Council of these adjustments.
DISCUSSION
The following table includes original revenue and expenditure estimates included in the adopted Two-Year budget and the latest projection of September 30, 2023. Because the first quarter only reflects three months of actual activity, the updates, as would be anticipated, are typically minimal. No significant changes are currently projected. The budget adjustments column reflects budget adjustments already approved by the City Council or City Manager during the first three months of the fiscal year. A list of these adjustments is reflected in Attachment 1.
FISCAL YEAR 2023/24 FIRST QUARTER BUDGET UPDATE
P a g e | 2
The adopted budget reflected an anticipated operating surplus of $739,324 for FY 2023/24.
Due to the adjustments to the revenue and expenditure budgets discussed in this report, the surplus is now anticipated to be $714,637.
ADOPTED
BUDGET
BUDGET
ADJUSTMENTS
ADJUSTED
BUDGET YTD ACTUALS
7/1/2023 9/30/2023 9/30/2023 9/30/2023
RESOURCES
Property Taxes $ 24,672,395 $ - $ 24,672,395 $ 226,309
Sales & Use Tax 9,030,000 9,030,000 643,646
Franchise Tax 2,320,680 2,320,680 -
Other Taxes 1,613,000 1,613,000 275,809
Fees, Charges & Permits 1,982,350 1,982,350 573,487
Parks & Recreation Revenue 2,637,202 2,637,202 473,343
Administrative Charges 2,810,764 2,810,764 686,391
Other Revenue 1,726,842 850 1,727,692 1,119,191
Total Operating Revenue 46,793,233 850 46,794,083 3,998,177 Interfund transfers 539,000 - 539,000 -
Fd Balance Reserves 2,253,133 - 2,253,133 -
Total Resources 49,585,366 850 49,586,216 3,998,177
APPROPRIATIONS
Administration $ 9,167,079 $ - $ 9,167,079 $ 3,922,696
City Attorney 650,000 - 650,000 30,190
Community Development 3,769,294 - 3,769,294 835,657
Finance 1,339,221 - 1,339,221 282,184
Non-Departmental 35,000 - 35,000 8,027
Parks & Recreation 9,771,151 - 9,771,151 2,242,254
Police Services 14,638,543 - 14,638,543 3,405,243
Public Works 6,429,059 25,537 6,454,596 936,375
Vacancy Factor (354,075) - (354,075) -
Total Operating Expenditures 45,445,272 25,537 45,470,809 11,662,626 Transfer to LMAD 1,147,637 1,147,637 -
Transfer to Capital Projects Fund 2,253,133 2,253,133 - Total Appropriations 48,846,042 25,537 48,871,579 11,662,626 Excess Resources over Appropriations $739,324 ($24,687) $714,637 ($7,664,449) Est. Fund Balance Reserves @ 7/1/2023 25,506,910 - 25,506,910 25,506,910 Less Uses of Fd Bal Reserves (2,253,133) - (2,253,133) - Est. Fund Balance Reserves @ 6/30/24 23,993,101 (24,687) 23,968,414 17,842,461 Uses of Fund Balance Reserves:
Transfer out - CIP $ 2,253,133 $ - $ 2,253,133 $ -
2,253,133 - 2,253,133 -
Note: The Administration Department expenditures include annual payments in the amount of $1.8 million for the unfunded pension liability and $609,000 for Liability Insurance.
CITY OF YORBA LINDA
GENERAL FUND BUDGET
FY 2023/24 - FIRST QUARTER BUDGET TOTALS
FISCAL YEAR 2023/24 FIRST QUARTER BUDGET UPDATE
P a g e | 3
FISCAL IMPACT
The FY 2023/24 first quarter adjustments resulted in a projected surplus of $714,637.
ATTACHMENTS
1. List of Budget Adjustments for the First Quarter of Fiscal Year 2023/24.
ATTACHMENT 1
Date Type Purpose Amount Authorization Fund Department Account No. Project string BUA #
GENERAL FUND ADJUSTMENTS
Revenue
9/28/2023 Appropriation Supplemental budget adjustment for fence damage (cost recovery) $ 850 City Manager General Public Works 1015900-388070 BUA-83 Total General Fund Revenue Adjustments - 1Q FY2023/24 $ 850 Expenditures
7/19/2023 Appropriation Supplemental budget adjustment for increase in Crossing Guard Services $ 24,687 City Council General Public Works 1010320-432780 BUA-83 9/28/2023 Appropriation Supplemental budget adjustment for fence damage (offset by revenue) $ 850 City Manager General Public Works 1010440-432700 BUA-142 Total General Fund Expenditure Adjustments - 1Q FY2023/24 $ 25,537 Total Net General Fund Adjustments - 1Q FY 2023/2024 $ 24,687
OTHER ADJUSTMENTS
7/11/2023 Transfer Move budget for temporary personnel for additional landscape work $ 25,000 City Manager General Public Works 1010330-433200 BUA-30 8/15/2023 Transfer Move budget for AV equipment at the Cultural Arts Center $ 3,762 City Manager General Parks & Recreation 1010475-461120 BUA-103 8/15/2023 Appropriation AV Equipment/Tables in Executive & Bubble Conference Rooms $ 10,000 City Manager PEG Administration 2101000-461100 BUA-116 8/23/2023 Appropriation Appropriation for Library grant received $ 3,627 City Manager Library Library 2020700-427260 BUA-148 9/19/2023 Transfer Transfer between project FC241003 (incr) and FC241001 (decr) $ 1,650 City Manager CIP Parks & Recreation 4010050-461610 FC241003 BUA-66 9/25/2023 Transfer Transfer for travel/training for Risk Management division $ 2,500 City Manager General Administration 1010150-426050 BUA-102 9/30/2023 Appropriation Supplemental budget adjustment for Pavement Management Program $ 27,890 City Council CIP Public Works 4010050-461620 SI241006 BUA-174 Total Other Adjustments - 1Q FY2023/24 $ 74,429
City of Yorba Linda
Quarterly Listing of Year-To-Date Line-Item Budget Transfers and Supplemental Budget Appropriations Fiscal Year 2023/24 - First Quarter