2020/12/08 City Council Resolution 2020-112 RESOLUTION NO. 2020-112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING THE REMAINING SOUTHEAST ROHNERT PARK SPECIFIC PLAN
PHASE 1 IN-TRACT IMPROVEMENTS, BODWAY PARKWAY IMPROVEMENTS,
AND VALLEY HOUSE DRIVE IMPROVEMENTS, AUTHORIZING THE EXECUTION
OF A SLURRY SEAL AND RESTRIPING AGREEMENT WITH PENN GROVE
MOUNTAIN AND DIRECTING RELATED ACTIONS
WHEREAS, on September 13, 2016, the City Council of the City of Rohnert Park
adopted Resolution 2016-89, Authorizing and Approving the Public Improvement and Fee Credit
Agreement for the Southeast Rohnert Park Phase 1 In-Tract Improvements, Bodway Parkway
Improvements, Valley House Drive Improvements, and Camino Colegio Recycled Water Main
Improvements by and between the City of Rohnert Park and Penn Grove Mountain, LLC
(Agreement); and
WHEREAS, on September 25, 2018, the City Council adopted Resolution 2018-124,
accepting in a part the Southeast Rohnert Vast Oak Properties Phase 1 In-Tract Improvements,
Bodway Parkway Improvements, Valley House Drive Improvements, and Camino Colegio
Recycled Water Main Improvements in whole (Partial Improvements) as listed in Exhibit A,
which is attached to this Resolution; and
WHEREAS, Penn Grove Mountain LLC has completed the construction of the
remaining portions of the Southeast Rohnert Vast Oak Properties Phase 1 In-Tract
Improvements, Bodway Parkway Improvements and Valley House Drive Improvements
(Remaining Improvements) as listed in Exhibit B, which is attached to this Resolution, except
for the Slurry Seal and Restriping on Wildflower Way, Winterberry Lane, Wyatt Way, Waterside
Lane, Watson Drive, and Wisdom Lane (South East Phase 1) which cannot be completed until
the spring due to the weather, in accordance with the plans and specifications for the work, has
provided a new warranty bond, with a value of$109,064, which reflects the required warranty
security for the Remaining Improvements still under warranty, and has requested the City to
accept the work; and
WHEREAS,the City desires to accept the Remaining Improvements and enter into a
separate contract with Penn Grove Mountain for the Slurry Seal and Restriping work in order to
allow the acceptance of the improvements to move forward this year; and
WHEREAS,the filing the Notice of Completion is the final step in the City's process to
accept ownership of the Remaining Improvements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it hereby accepts the Remaining Improvements, as described in Exhibit B, and
approves the Notice of Completion, in substantially similar form to Exhibit C, which is attached
to this Resolution and incorporated by this reference.
BE IT FURTHER RESOLVED that the City Engineer is hereby authorized and
directed to file the Notice of Completion and to execute documents pertaining to the same for
and on behalf of the City of Rohnert Park.
BE IT FURTHER RESOLVED that upon the expiration of the statutory lien period
associated with the recording of the Notice of Completion, the City Manager is hereby authorized
and directed to execute the Certificate of Acceptance for the Acceptance for the Remaining
Southeast Rohnert Park Phase 1 In-Tract Improvements, Bodway Parkway Improvements, and
Valley House Drive Improvements in substantially similar form to Exhibit D, attached to this
Resolution and incorporated by this reference.
BE IT FURTHER RESOLVED that upon expiration of the warranty period, the City
Manager is hereby authorized and directed to execute the Acknowledgement of Completion and
Termination of the Public Improvement and Fee Credit Agreement for the Southeast Rohnert
Park Phase 1 In-Tract Improvements, Bodway Parkway Improvements, Valley House Drive
Improvements, and Camino Colegio Recycled Water Main Improvements, in a form substantially
similar to Exhibit E, attached to this Resolution and incorporated by this reference.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute the Slurry Seal and Restriping Agreement, in a form substantially similar to
Exhibit F, attached to this Resolution and incorporated by this reference, and accept bonds for
the contract amount from the Developer.
BE IT FURTHER RESOLVED that the City Engineer is hereby authorized and
directed to execute the Notice of Completion upon substantial completion of the Contract for
Slurry Seal and Restriping Agreement work in a format similar to Exhibit G, attached to this
Resolution and incorporated by this reference.
BE IT FUTHER RESOLVED that upon certification of the City Manager, the Finance
Director is authorized and directed to take the actions necessary to accept the Remaining
Improvements as defined in the Agreement as a capital asset of the City, with a current book
value of$727,094.
BE IT FUTHER RESOLVED that the Finance Director is authorized and directed to
place any funds received pursuant to the liquidated damage provisions of the Slurry Seal and
Restriping Agreement into the General Fund account.
DULY AND REGULARLY ADOPTED this 8th day of December 2020.
CITY OF ROHNERT PARK
.11. . A • AL
Joseph W. Callinan, Mayor
ATTEST:
Sylvia open Cuevas, City Clerk
Attachments: Exhibit A through G
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Resolution 2020-112
Page 2
1
EXHIBIT A
PARTIAL IMPROVEMENTS
ACCEPTED SEPTEMBER 25, 2018
1. Southeast Rohnert Park Phase 1 In-Tract potable and recycled water systems (except the
fire hydrant at the corner of Bodway Parkway and Wisdom Lane), sewer system and
storm drain system and excepting all landscaping, lighting, wall, fence, irrigation and
surface improvements.
2. Southeast Rohnert Park Phase 1 Bodway Parkway potable and recycled water systems,
sewer system, storm drain system and surface improvements and excepting all
landscaping, irrigation, walls, signage, and striping.
3. Southeast Rohnert Park Phase 1 Valley House Drive sewer system, storm drain system
and surface improvements and excepting all landscape, irrigation, and walls.
4. Camino Colegio recycled water system.
1
EXHIBIT B
REMAINING IMPROVEMENTS
TO BE ACCEPTED _____________, 2020
1. Southeast Rohnert Park Phase 1 In-Tract - fire hydrant( at the corner of Bodway
Parkway and Wisdom Lane), landscaping, lighting, wall, fence, irrigation and surface
improvements.
2. Southeast Rohnert Park Phase 1 - Bodway Parkway landscaping, irrigation, walls,
signage, and striping.
3. Southeast Rohnert Park Phase 1 Valley House Drive - landscape, irrigation, and walls.
4. Camino Colegio recycled water system - none, all improvements previously accepted.
EXHIBIT C
CERTIFICATE OF COMPLETION
REMAINING SOUTHEAST SPECIFIC PLAN PHASE 1 IN-TRACT IMPROVEMENTS,
BODWAY PARKWAY IMPROVEMENTS AND VALLEY HOUSE DRIVE
IMPROVEMENTS
I, Mary Grace Pawson, City Engineer of the City of Rohnert Park, California, do hereby
certify that the work and improvements hereinafter described, the contract for doing which was
entered into by and between the City of Rohnert Park and Penn Grove Mountain LLC dated
September 13, 2016 was completed to my satisfaction on July 16, 2020.
That said work and remaining improvements generally consisted of the completion of
Phase 1 In-Tract Improvements, Bodway Parkway Improvements and Valley House Drive
Improvements as more particularly described in the plans and specifications approved by the City
Engineer of Rohnert Park on May 30, 2017, and March 5, 2018.
DATED: ____________, 2020
____________________________________
City Engineer
Return to:
City Engineer
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
NOTICE OF COMPLETION
REMAINING SOUTHEAST SPECIFIC PLAN PHASE 1 IN-TRACT IMPROVEMENTS,
BODWAY PARKWAY IMPROVEMENTS AND VALLEY HOUSE DRIVE
IMPROVEMENTS
NOTICE IS HEREBY GIVEN by the City of Rohnert Park, owner, a municipal
corporation located in Sonoma County, State of California, with its principal offices at City Hall,
130 Avram Avenue, Rohnert Park, California 94928 of the following:
That I, Mary Grace Pawson, City Engineer of the City of Rohnert Park, California on the
____ day of August 2020, did file with the City Clerk of the City of Rohnert Park, my Certificate
of Completion of the following described work, which was completed under a Public Improvement
and Fee Credit Agreement between the City of Rohnert Park and Penn Grove Mountain LLC dated
September 13, 2016 and in accordance with the plans and specifications for said work filed with
the City Clerk and approved by the Rohnert Park City Council.
That said work and improvements were completed on July 16, 2020, and that the name of
the surety on the contractor's bond for labor and materials on said project is Philadelphia
Insurance Company (Bond Nos. 1535200018, 1535200017 and 1535200016). That said work and
improvements generally consisted of the following:
1. Southeast Rohnert Park Phase 1 In-Tract - fire hydrant( at the corner of Bodway Parkway
and Wisdom Lane), landscaping, lighting, wall, fence, irrigation and surface
improvements.
2. Southeast Rohnert Park Phase 1 - Bodway Parkway landscaping, irrigation, walls,
signage, and striping.
3. Southeast Rohnert Park Phase 1 - Valley House Drive - landscape, irrigation, and walls.
The improvements are more particularly described in the plans and specifications approved by the
City Engineer of Rohnert Park on May 30, 2017, and August 21, 2017.
Dated: ____________, 2020 CITY OF ROHNERT PARK
_________________________________
Mary Grace Pawson, P.E., City Engineer
The undersigned certifies that she is authorized to and does make this verification on behalf
of the City of Rohnert Park; that she has read the foregoing notice and knows the contents thereof;
and that the undersigned declares under penalty of perjury that the foregoing is true and correct to
the best of her knowledge.
Executed on this ___ day of August 2020, at Rohnert Park, California.
CITY OF ROHNERT PARK
_________________________________
Mary Grace Pawson, P.E., City Engineer
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, California 94928
(Space Above This Line for Recorder's Use Only)
Exempt from recording fee per Gov. Code § 27383.
ACCEPTANCE OF REMAINING SOUTHEAST SPECIFIC PLAN PHASE 1
IMPROVEMENTS, BODWAY PARKWAY IMPROVEMENTS AND VALLEY HOUSE
DRIVE IMPROVEMENTS
WHEREAS, Penngrove Mountain LLC as owner has completed the remaining Southeast Specific Plan Phase
Improvements, Bodway Parkway Improvements and Valley House Drive Improvements (Improvements)
consisting of:
1. Phase 1 In-Tract - fire hydrant (at the corner of Bodway Parkway and Wisdom Lane),
landscaping, lighting, wall, fence, irrigation and surface improvements.
2. Bodway Parkway landscaping, irrigation, walls, signage, and striping.
3. Valley House Drive - landscape, irrigation, and walls.
WHEREAS, the Improvements are for the purpose of providing roadway, landscape and lighting service to
the City’s Southeast Specific Plan Area.
WHEREAS the City of Rohnert Park, a Municipal Corporation of the State of California intended to use the
Improvements for the above described purposes.
NOW, THEREFORE, the City of Rohnert Park, a Municipal Corporation of the State of California hereby
accepts the Improvements and authorizes the City Manager to execute this acceptance.
Dated: __________________ CITY OF ROHNERT PARK
_________________________________
Darrin Jenkins
City Manager
Authorized by Rohnert Park City Council Resolution No.
2020-__ adopted on ______________, 2020.
ACKNOWLEDGMENT
State of California
County of _____________________________)
On _________________________ before me, __________________________________
(insert name and title of the officer) personally appeared __________________________
_______________________________________________________________________,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature ______________________________ (Seal)
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.
EXHIBIT E TO RESOLUTION
WORD-LA\LNB\70378756.3 -1-
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928-2486
Attn: City Clerk
THE AREA ABOVE IS RESERVED FOR RECORDER'S USE
ACKNOWLEDGEMENT OF COMPLETION AND TERMINATION OF PUBLIC IMPROVEMENT AND
PUBLIC FACILITIES FEE CREDIT AGREEMENT FOR THE SOUTHEAST SPECIFIC PLAN PHASE
1 IN-TRACT IMPROVEMENTS, BODWAY AVENUE IMPROVEMENTS, VALLEY HOUSE DRIVE
IMPROVEMENTS, AND CAMINO COLEGIO RECYCLED WATER IMPROVEMENTS
This Acknowledgement of Completion and Termination of Public Improvements Agreement
(the "Acknowledgement") is entered into as of __________________, 2021, by the City of Rohnert
Park, a California municipal corporation (“City”), in favor of Penn Grove Mountain LLC (“Developer”).
RECITALS
A. City and Developer, entered into that certain Public Improvement and Public Facilities Fee Credit
Agreement, dated May 22, 2018 and recorded on July 2, 2018 as Instrument No. 2018047247 in the
Official Records of Sonoma County, California (the "Improvement Agreement ") with respect to
Developer’s Southeast Rohnert Park Specific Plan Phase 1 Property (the “Property”), more particularly
described in Exhibit A of the Improvement Agreement. Initially capitalized terms not otherwise defined
herein shall have the meaning given in the Improvements Agreement.
B. City certified in that certain Notice of Completion, dated _________, 2020 and recorded on
__________, 2020 as Instrument No. 2020_________ in the Official Records of Sonoma County,
California that Developer completed all things required of Developer under the Improvement
Agreement on July 16, 2020.
C. City has no outstanding claims related to the Improvement Agreement, Improvements, defective
labor, or defective materials furnished.
D. As the Developer has completed performance under the Improvements Agreement, City desires to
record a written statement acknowledging such completion and termination.
NOW, THEREFORE, City hereby acknowledges and certifies as follows:
1. Termination of the Improvement Agreement. Developer has completed performance of the
Improvement Agreement and received the Public Facility Fee Credit under Section 9 of the
Improvement Agreement. The Improvement Agreement is hereby deemed terminated.
2. Survival. Section 6.1, Indemnity, of the Improvement Agreement shall survive termination
as set forth therein.
3. Authority. The undersigned represents and warrants that it has the full capacity, right,
power and authority to execute, and deliver this Acknowledgement, and all required actions, consents
and approvals therefor have been duly taken and obtained.
EXHIBIT E TO RESOLUTION
WORD-LA\LNB\70378756.3 -2-
IN WITNESS WHEREOF, the undersigned duly executed this Acknowledgement as of the
date set forth above.
CITY:
City of Rohnert Park,
a municipal corporation
By: _____________________
Name: Darrin Jenkins
Title: City Manager
Authorized by City Council Resolution 2020-___
adopted on August 11, 2020
APPROVED AS TO FORM:
By: ______________________
Name: ______________________
Title: City Attorney
Attest
By: ______________________
Name: Sylvia Lopez Cuevas,
Title: Acting City Clerk
EXHIBIT E TO RESOLUTION
WORD-LA\LNB\70378756.3 -3-
STATE OF CALIFORNIA )
) §
County of )
On , before me, a
Notary Public, personally appeared who
proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct
WITNESS my hand and official seal.
________________________________
Signature of Notary
(Affix seal here)
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.
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SLURRY SEAL AND RESTRIPING AGREEMENT
This Agreement is made this ___ day of __________, 20__ between the City of Rohnert
Park (“City”) and Penn Grove Mountain (“Developer”), for the following project (“Project”):
Project: South East Specific Plan Phase 1 Surface Improvements
Project Address: Public right of way for South East Specific Plan Development between
Bodway Parkway and Valley House Drive also including Wildflower
Way, Watson Drive, Winterberry Lane, Wyatt Way, Waterside Lane, and
Wisdom Lane
SECTION 1 - SCOPE
Developer shall furnish all necessary management, supervision, labor, materials, tools,
supplies, equipment, plant, services, engineering, testing and/or any other act or thing required to
diligently and fully perform and complete the work (“Work”), generally described in the Scope
of Work attached as Attachment A – Scope of Work. All other agreements also remain in full
force and effect.
SECTION 2 - TIME
A. Developer shall achieve Substantial Completion not later than June 30, 2021. Developer
shall achieve Final Completion of the Work within 14 calendar days of achieving substantial
completion (the "Contract Time"). Substantial Completion shall be followed by a Notice of
Completion to be filed with the Sonoma County Recorder’s office.
B. Time is of the essence of this Agreement.
C. Developer shall provide City with scheduling information in a form acceptable to City,
including any changes made by City in the scheduling of work. Developer shall coordinate its
work with that of all other contractors, subcontractors and suppliers so as not to delay or damage
their performance.
D. In the event that Developer's work is delayed for any reason, including acts of City,
Developer's sole remedy shall be an extension of time equal to the period of delay, provided
Developer has given City written notice of the commencement of delay within 48 hours of its
occurrence.
SECTION 4 – LIQUIDATED DAMAGES
A. As liquidated damages for delay Developer shall pay City the Caltrans 2018 Section
8.1.10A amount based on bond received for the work for each Day that expires after the time
specified herein for Developer to achieve Substantial Completion of the entire Work, until
achieved. A copy of the Caltrans Section regarding liquidated damages is attached as Attachment
C.
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B. As liquidated damages for delay Developer shall pay City Caltrans 2018 Section 8.1.10A
amount based on bond received for each Day that expires after the time specified herein for
Developer to achieve Final Completion of the entire Work, until achieved. A copy of the
Caltrans Section regarding liquidated damages is attached as Attachment C.
C. Developer and City agree that because of the nature of the Project, it would be
impractical or extremely difficult to fix the amount of such actual damages incurred by City
because of a delay in completion of all or any part of the Work. Developer and City agree that
specified measures of liquidated damages shall be presumed to be the amount of such damages
actually sustained by City, and that because of the nature of the Project, it would be
impracticable or extremely difficult to fix the actual damages.
D. Liquidated damages for delay shall cover administrative, overhead, interest on bonds, and
general loss of public use damages suffered by City as a result of delay. Liquidated damages
shall not cover the cost of completion of the Work, damages resulting from defective work, lost
revenues or costs of substitute facilities, or damages suffered by others who then seek to recover
their damages from City (for example, delay claims of other contractors, subcontractors, tenants,
or other third-parties), and defense costs thereof. City may deduct from any money due or to
become due to Developer subsequent to time for completion of entire Work and extensions of
time allowed pursuant to provisions hereof, a sum representing then-accrued liquidated damages.
SECTION 5 – TERMS AND CONDITIONS
Developer shall perform the Work in accordance with the terms and conditions of this
Agreement and the following attachments (together, “Contract Documents”):
A. Attachment A – Scope of Work
B. Attachment B – General Conditions
C. Attachment C – Liquidated Damages Amount Chart
D. Attachment D – Construction Performance Bond
E. Attachment E – Construction Labor and Materials Payment Bond
F. Attachment F – Supplemental Conditions
The Contract Documents are the sole and exclusive provisions that govern the Work described
herein. Any provision contained in any purchase order issued in connection with this Agreement
or the Work described herein shall be null and void and shall have no force or effect.
IN WITNESS WHEREOF, the City of Rohnert Park has caused these presents to be executed by its
officers, thereunto duly authorized, and Developer has subscribed same, all on the day and year first
above written.
CITY OF ROHNERT PARK Penn Grove Mountain
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____________________________________
City Manager Date Name/Title Date
Per Purchasing Policy adopted by Resolution 2016-51.
ATTEST:
____________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney
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ATTACHMENT A
SCOPE OF WORK
Developer shall furnish all necessary management, supervision, labor, materials, tools, supplies,
equipment, plant, services, engineering, testing and/or any other act or thing required to
diligently and fully perform and complete the work (“Work”) generally described as follows:
Slurry seal and restripe all in-tract roads for the South East Specific Plan Phase 1 Development
Project, also shown below:
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The total amount of the project scope amount is: $56,980.00
Additionally, Developer's scope of work includes, but is not limited to, the following:
• Provide labor, material and equipment to perform the Work.
• Submit all required samples, product data, certificates, operations and maintenance
instructions, guarantees, and other submittals no later than two (2) weeks prior to start of
work for City review and approval. All material and testing methods shall comply with
the Caltrans 2018 standard plans and specifications.
• Obtain all necessary permits and approvals for the Work.
• Protect all materials to be used in the Work in accordance with the specifications.
• Protect existing facilities and personal property.
• The Developer shall be responsible for unloading, hoisting and otherwise handling its
own materials, supplies and equipment.
• Coordinate with owner-scheduled events.
• The Developer is responsible for researching and complying with all local codes,
agencies and jurisdictions that regulate and govern the Work.
• Developer shall set up, identify, coordinate, provide safe access, and obtain all
inspections for its work, as required by any authorized agency or applicable code, prior to
covering up work.
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ATTACHMENT B
GENERAL CONDITIONS
ARTICLE 1 TERMS OF PERFORMANCE
1.01 Construction Services Agreement (Agreement) Force and Effect. The provisions of
the Agreement and other Contract Documents constitute the entire agreement between
the Developer and City regarding the Work described herein. No representation, term or
covenant not expressly specified in the Contract Documents shall, whether oral or
written, be a part of this agreement. The Agreement and other Contract Documents shall
govern the Work described herein (whenever performed), and shall supersede all other
purchase orders and agreements between Developer and City, and any proposal, with
respect to the Work described herein.
1.02 No Modification or Waiver. The Contract Documents may not be modified, nor may
compliance with any of its terms be waived, except by written instrument executed and
approved by fully authorized representatives of City and Developer. Contract Documents
headings are for convenience only and do not affect the construction of the Contract
Documents.
1.03 Performance of Work/No Assignment. Time is of the essence in the performance of the
Work. Developer will perform the Work in a skillful and workmanlike manner; comply
fully with criteria established by City, and with applicable laws, codes, and all applicable
industry standards. Developer shall maintain its work area in a clean and sanitary
condition, clear debris and trash at the end of each work day, and shall not damage or
disrupt any property unless specifically part of the scope of the Agreement. Developer
shall not contract any portion of the Work or otherwise assign the Agreement without
prior written approval of City, and any assignment without City’s prior written approval
shall be null and void. (Developer shall remain responsible for compliance with all terms
of the Contract Documents, regardless of the terms of any such assignment.) The
Developer shall permit City (or its designees) access to the work area, Developer’s shop,
or any other facility, to permit inspection of the Work at all times during construction
and/or manufacture and fabrication. The granting of any progress payment, and any
inspections, reviews, approvals or oral statements by any City representative, or
certification by any governmental entity, shall in no way limit Developer’s obligations
under the Contract Documents. Either party’s waiver of any breach, or the omission or
failure of either party, at any time, to enforce any right reserved to it, or to require strict
performance of any provision of the Contract Documents, shall not be a waiver of any
other right to which any party is entitled, and shall not in any way affect, limit, modify or
waive that party’s right thereafter to enforce or compel strict compliance with every
provision hereof. City shall have, at all times, set-off rights with respect to any payment
and Developer’s failure to perform the terms of the Contract Documents.
ARTICLE 2 LEGAL AND MISCELLANEOUS
2.01 Independent Developer. Developer is an independent Developer and does not act as
City’s agent in any capacity, whatsoever. Developer is not entitled to any benefits that
City provides to City employees including, without limitation, insurance, worker’s
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compensation benefits or payments, pension benefits, health benefits or insurance
benefits. Terms within the Contract Documents regarding directives apply to and
concern the result of the Developer’s provision of Work not the means, methods, or
scheduling of the Developer’s Work. Developer shall be solely responsible for the
means, methods, techniques, sequences and procedures with respect to its provision of
Work under the Contract Documents. Developer shall pay all payroll taxes imposed by
any governmental entity and will pay all other federal, state, or local taxes not
specifically identified in the Contract Documents as City’s responsibility.
2.02 Indemnity and Insurance
Indemnification. Developer agrees to indemnify, defend and hold the City, its elective
and appointed boards, commissions, officers, agents, employees and consultants,
harmless from and against any and all claims, liabilities, losses, damages or injuries of
any kind (collectively, "Claims") arising out of Developer's, or Developer's contractors',
subcontractors', agents' or employees', acts, omissions, or operations under this
Agreement, including, but not limited to, the performance of the Work, whether such
acts, omissions, or operations are by Developer or any of Developer's contractors,
subcontractors, agents or employees, except to the extent such Claims are caused by the
sole negligence or willful misconduct of the City. This indemnification includes, without
limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees,
and related costs or expenses, and the reimbursement of City, its elected officials,
officers, employees, and/or agents for all legal expenses and costs incurred by each of
them.
The aforementioned indemnity shall apply regardless of whether or not City has
prepared, supplied or approved plans and/or specifications for the Work or Improvements
and regardless of whether any insurance required under this Agreement is applicable to
any Claims. The City does not and shall not waive any of its rights under this indemnity
provision because of its acceptance of the bonds or insurance required under the
provisions of this Agreement. Developer’s obligation to indemnify City shall survive the
expiration or termination of this Agreement.
Developer agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this section from each and every contractor and sub-
contractor or any other person or entity involved by, for, with or on behalf of Developer
in the performance of this Agreement. In the event Developer fails to obtain such
indemnity obligations from others as required here, Developer agrees to be fully
responsible according to the terms of this section. Failure of City to monitor compliance
with these requirements imposes no additional obligations on City and will in no way act
as a waiver of any rights hereunder.
Insurance. Developer shall maintain Commercial General Liability Insurance protecting
the City from incidents as to bodily injury liability and property damage liability that may
occur as a result of the Work and additional repairs. Developer shall provide certificate(s)
of insurance and endorsements to City before any Work commences. The insurance
policy shall contain, or be endorsed to contain, the following provisions:
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(1) The City, its officers, elected officials, employees, consultants, agents and
volunteers are to be covered as additional insured’s as respects to liability
arising out of activities performed by or on behalf of Developer. The
coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, elected officials, employees, consultants,
agents and volunteers.
(2) The amounts of public liability and property damage coverage shall not be
less than $3,000,000 (Three Million Dollars) per occurrence for bodily
injury, personal injury and property damage.
(3) The insurance shall be maintained in full force until the work has been
completed to the satisfaction of the City Engineer.
(4) The insurance policy shall provide for 30 days’ notice of cancellation to
the City. The policy shall not be cancelled earlier than nor the amount of
coverage be reduced earlier than 30 days after the City receives notice
from the insurer of the intent of cancellation or reduction.
(5) Any failure to comply with the reporting provisions of the policy shall not
affect the coverage provided to the City, its officers, elected officials,
employees, consultants, agents and volunteers.
(6) Developer's insurance coverage shall be primary insurance as respects the
City, its officers, elected officials, employees, consultants, agents and
volunteers. Any insurance or self-insurance maintained by the City, its
officers, elected officials, employees, consultants, agents and volunteers
shall be in excess of Developer's insurance and shall not contribute to it.
(7) Any deductibles or self-insured retentions must be declared to and
approved by City. At the option of City, either: (a) the insurer shall reduce
or eliminate such deductibles or self-insured retentions as respects City, its
elected officials, officers, employees, agents, and volunteers; or (b)
Developer and its contractors shall provide a financial guarantee
satisfactory to City guaranteeing payment of losses and related
investigation costs, claims, and administrative and defense expenses.
(8) Developer and Developer's insurance company agree to waive all rights of
subrogation against City, its officers, elected officials, employees, agents
and volunteers for losses paid under Developer's workers' compensation
insurance policy which arise from the work performed by Developer.
In the event that Developer's insurance is cancelled, Developer shall provide replacement
coverage or all work must cease as of the cancellation date until replacement insurance
coverage is provided.
Workers' Compensation Insurance. Developer shall provide, or cause to be
provided, Workers' Compensation insurance as required by law, and shall cause its
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contractors and their subcontractors, agents and representatives to also maintain Workers'
Compensation insurance as required by law. No Work shall commence until such
Workers' Compensation insurance is obtained and in full force and effect.
Other Insurance Requirements. Developer shall:
(1) Prior to taking any actions under this Agreement, furnish City with
properly executed certificates of insurance which shall clearly evidence
all insurance required in this section and provide that such insurance
shall not be canceled, allowed to expire or be materially reduced in
coverage except on thirty (30) days prior written notice to City.
(2) Provide to City certified copies of endorsements and policies if requested by City, and properly executed certificates of insurance evidencing the insurance required herein.
(3) Replace or require the replacement of certificates, policies and endorsements for any insurance required herein expiring prior to completion and acceptance of the Improvements.
(4) Maintain all insurance required herein from the time of execution of this Agreement until the acceptance of the Improvements.
(5) Place all insurance required herein with insurers licensed to do business in
California.
2.02 Defective Work; Warranties. Developer warrants that all construction services shall be
performed in accordance with generally accepted professional standards of good and
sound construction practices, all Contract Documents requirements, and all laws, codes,
standards, licenses, and permits. Developer warrants that all materials and equipment
shall be new, of suitable grade of their respective kinds for their intended uses, and free
from defects. Developer hereby grants to City for a period of two years following the
date of completion its unconditional warranty of the quality and adequacy of all of the
Work including, without limitation, all labor, materials and equipment provided by
Developer and its Contractors and Subcontractors of all tiers. If either prior to
completion of the Work, or within one year after completion, any Work (completed or
incomplete) is found to violate any of the foregoing warranties (Defective Work),
Developer shall promptly, without cost to City and in accordance with City’s written
instructions, correct, remove and replace the Defective Work with conforming Work, and
correct, remove and replace any damage to other Work or other property resulting
therefrom. If Developer fails to do so, Developer shall pay all of the City’s resulting
claims, costs, losses and damages. Where Developer fails to correct Defective Work, or
defects are discovered outside the correction period, City shall have all rights and
remedies granted by law.
2.03 Compliance with Laws; Conflict of Interests. Developer agrees to comply with all
applicable federal and state laws, regulations and policies, as amended, including those
regarding discrimination, unfair labor practices, anti-kick-back, collusion, and the
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provisions of the Americans with Disability Act. Developer, its officer, partners,
associates, agents, and employees, shall not make, participate in making, or in anyway
attempt to use the position afforded them by the Contract Documents to influence any
governmental decision in which he or she knows or has reason to know that he or she has
a financial interest under applicable state, federal and local conflict of interest
regulations. Developer warrants that no person or agency has been employed or retained
to solicit or obtain the Agreement upon an agreement or understanding for a contingent
fee, except a bona fide employee or agency. Developer shall not engage in unlawful
employment discrimination including, but not limited to, discrimination based upon a
person’s race, religion, color, national origin, ancestry, physical handicap, medical
condition, marital status, gender, citizenship, sexual orientation, or sexual identity as
prohibited by state or federal law.
2.04 Execution; Venue; Limitations. The Agreement shall be deemed to have been executed
in City of Rohnert Park, California. Enforcement of the Contract Documents shall be
governed by the laws of the State of California, excluding its conflict of laws rules.
Except as expressly provided in the Contract Documents, nothing in the Contract
Documents shall operate to confer rights or benefits on persons or entities not party to the
Agreement. As between the parties to the Agreement, any applicable statute of
limitations for any act or failure to act shall commence to run on the date of City’s
issuance of the final Certificate for Payment, or termination of the Contract Documents,
whichever is earlier, except for latent defects, for which the statute of limitation shall
begin running upon discovery of the defect and its cause.
2.05 Employee Wages; Records; Apprentices. Developer shall pay prevailing wages to its
employees on any contract in excess of $1,000.00, in accordance with Part 7 of Division
2 of the California Labor Code. Copies of the general prevailing rates of per diem wages
for each craft, classification, or type of worker needed to execute the Contract, as
determined by Director of the State of California Department of Industrial Relations, are
on file at the City’s Public Works Department and may be obtained from the California
DIR website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. Developer
shall comply with the 8-hours per day/40 hours per week/overtime/workinghours
restrictions for all employees, pursuant to the California Labor Code. In accordance with
Labor Code section 1813, the Developer shall forfeit, as penalty to the City, $25.00 for
each person employed in the execution of the contract by the Developer or by any contractor
or subcontractor, for each calendar day during which any person is required or permitted to
labor more than eight (8) hours in any one calendar day and forty (40) hours in any one
calendar week.
Developer and all contractors and subcontractors shall keep and maintain accurate
employee payroll records for Work performed under the Agreement. The payroll records
shall be certified and submitted as required by law, including Labor Code Sections
1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently
than monthly. Developer shall comply fully with Labor Code Section 1777.5 in the
hiring of apprentices for work relating to the Agreement. Notice is hereby given that,
pursuant to Section 1776(g) of the Labor Code of the State of California that the Developer
shall make available as required in this Section of the Labor Code certified payroll records
and that penalties for violation of the section may be enforced.
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If the Agreement exceeds $2,000 and is funded with federal funds, then Developer shall
pay federal Davis Bacon wages and comply with applicable federal requirements.
2.06 Mandatory Contractor and Subcontractor Registration; Prohibited Contractors. No
contractor or subcontractor who is ineligible to bid work on, or be awarded, a public
works project under Labor Code Sections 1771.1 or 1777.7 can bid on, be awarded or
perform work as a subcontractor on the Project. The Developer is prohibited from
performing work on the Project with a subcontractor who is ineligible to perform work on
a public works project under these sections of the Labor Code. Pursuant to Labor Code
Section 1771(a), Developer represents that it and all of its Subcontractors are currently
registered and qualified to perform public work pursuant to Labor Code Section 1725.5.
Developer covenants that any additional or substitute Subcontractors will be similarly
registered and qualified.
2.07 Worker’s Compensation. Pursuant to Labor Code Sections 1860 and 1861, in
accordance with the provisions of Section 3700 of the Labor Code, every Contractor will
be required to secure the payment of compensation to his employees. Developer
represents that it is aware of the provisions of Labor Code Section 3700 that 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 Developer shall
comply with such provisions before commencing the performance of the Work.
2.08 Construction Performance Bond; Construction Labor and Materials Payment
Bond; Securities in Lieu of Retention Escrow Account.
A. If Contract Sum under the Agreement exceeds $5,000, Developer shall provide a
construction performance bond in form attached hereto as Appendix D – Construction
Performance Bond and a construction labor and material payment bond, in accordance
with Civil Code Section 9550 and in form attached hereto Appendix E – Construction
Labor and Materials Payment Bond. Developer may not substitute cash in lieu of the
required bond(s).
2.09 Public Records Act. Developer is aware that this Agreement and any documents
provided to the City may be subject to the California Public Records Act and may be
disclosed to members of the public upon request. It is the responsibility of the Developer
to clearly identify information in those documents it considers to be confidential under
the California Public Records Act. To the extent that City agrees with that designation,
such information will be held in confidence whenever possible. All other information will
be considered public.
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ATTACHMENT C
LIQUIDATED DAMAGES AMOUNT CHART
*Liquidated Damages shall be on the calendar day schedule, and shall include weekends and
holidays.
Total Bond Amount
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ATTACHMENT D
CONSTRUCTION PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
1. THAT WHEREAS, City of Rohnert Park, a political subdivision of the State of California (Owner)
has awarded to (Name of Developer)____________________________, as Principal, a Construction
Services Agreement, dated the ___________ day of ___________, 20___ (Agreement), titled
___________________________ PROJECT, in the amount of $______________, which Agreement
is by this reference made a part hereof, for the work described as follows:
(Describe Agreement Work) .
2. AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement,
guaranteeing the faithful performance thereof;
3. NOW, THEREFORE, we, the undersigned Principal and _________________________ as Surety
are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM to be paid to
Owner or its successors and assigns; for which payment, well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly
by these presents.
4. THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its heirs, executors,
administrators, successors, or assigns approved by Owner, shall promptly and faithfully perform the
covenants, conditions, and agreements of the Agreement during the original term and any extensions
thereof as may be granted by Owner, with or without notice to Surety, and during the period of any
guarantees or warranties required under the Agreement, and shall also promptly and faithfully
perform all the covenants, conditions, and agreements of any alteration of the Agreement made as
therein provided, notice of which alterations to Surety being hereby waived, on Principal’s part to be
kept and performed at the time and in the manner therein specified, and in all respects according to
their true intent and meaning, and shall indemnify, defend, protect, and hold harmless Owner as
stipulated in the Agreement, then this obligation shall become and be null and void; otherwise it shall
be and remain in full force and effect.
5. No extension of time, change, alteration, modification, or addition to the Agreement, or of the work
required thereunder, shall release or exonerate Surety on this bond or in any way affect the obligation
of this bond; and Surety does hereby waive notice of any such extension of time, change, alteration,
modification, or addition.
6. Whenever Principal shall be and declared by Owner in default under the Agreement, Surety shall
promptly remedy the default, or shall promptly:
6.01 Undertake through its agents or independent contractors, reasonably acceptable to Owner, to
complete the Agreement in accordance with its terms and conditions and to pay and perform
all obligations of Principal under the Agreement including, without limitation, all obligations
with respect to warranties, guarantees, indemnities, and the payment of liquidated damages;
or
6.02 Obtain a bid or bids for completing the Agreement in accordance with its terms and
conditions, and, upon determination by Owner of the lowest responsible bidder, reasonably
acceptable to Owner, arrange for a contract between such bidder and Owner and make
available as work progresses (even though there should be a default or a succession of
defaults under the contract or contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to
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pay and perform all obligations of Principal under the Agreement including, without
limitation, all obligations with respect to warranties, guarantees, and the payment of
liquidated damages; but, in any event, Surety’s total obligations hereunder shall not exceed
the amount set forth in the third paragraph hereof. The term “balance of the Contract Sum,”
as used in this paragraph, shall mean the total amount payable by Owner to the Principal
under the Agreement and any amendments thereto, less the amount Owner paid to Principal.
7. Surety’s obligations hereunder are independent of the obligations of any other surety for the
performance of the Agreement, and suit may be brought against Surety and such other sureties, jointly
and severally, or against any one or more of them, or against less than all of them without impairing
Owner’s rights against the others. Surety may not use Developer to complete the Agreement absent
Owner’s written consent.
8. No right of action shall accrue on this bond to or for the use of any person or corporation other than
Owner or its successors or assigns.
9. Surety may join in any proceedings brought under the Agreement and shall be bound by any
judgment.
10. Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.
IN WITNESS WHEREOF, we have hereunto set our hands this _________ day of
________________, 20___.
DEVELOPER AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code
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ATTACHMENT E
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:
1. THAT WHEREAS, the City of Rohnert Park, a political subdivision of the State of California
(Owner) has awarded to (Name of Developer) _________________, as Principal, a Construction
Services Agreement, dated the ___________ day of ______________, 20 ____ (Agreement), titled
THE ______________________ PROJECT located at __________________________ in the amount
of $_____________________________, which Agreement is by this reference made a part hereof,
for the work described as follows:
(Describe Agreement Work) .
2. AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement to secure
the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by
law;
3. NOW, THEREFORE, we, the undersigned Principal and ______________________________ as
Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM
($_________________), for which payment well and truly to be made we bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
4. THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its heirs, executors,
administrators, successors, or assigns approved by Owner, or its contractors and subcontractors shall
fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the
State of California Unemployment Insurance Code with respect to work or labor performed under the
Agreement, or for any amounts required to be deducted, withheld, and paid over to the State of
California Employment Development Department from the wages of employees of Principal and
contractors or subcontractors pursuant to California Unemployment Insurance Code Section 13020
with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the
sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall
become and be null and void.
5. This bond shall inure to the benefit of any of the persons named in California Civil Code Section
9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond.
The intent of this bond is to comply with the California Mechanic’s Lien Law.
6. Surety, for value received, hereby expressly agrees that no extension of time, change, modification,
alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the
Agreement, or to the work to be performed thereunder, shall in any way affect the obligation of this
bond; and it does hereby waive notice of any such extension of time, change, modification, alteration,
or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to
the work to be performed thereunder.
7. Surety’s obligations hereunder are independent of the obligations of any other surety for the payment
of claims of laborers, mechanics, material suppliers, and other persons in connection with the
Agreement; and suit may be brought against Surety and such other sureties, jointly and severally, or
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against any one or more of them, or against less than all of them without impairing Owner’s rights
against the other.
8. Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.
IN WITNESS WHEREOF, we have hereunto set our hands this __________ day of
____________________, 20___.
DEVELOPER AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code
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ATTACHMENT F
SUPPLEMENTAL CONDITIONS
CORONAVIRUS RISKS AND CONSTRUCTION REQUIREMENTS
As of this date of this contact, the full extent and impact of Coronavirus (also known as
“COVID-19”) is not known by the parties. Both parties agree that neither party is (a) deemed to
know or to be able to reasonably forsee the extent and impact of COVID-19, or (b) to have
assumed the risks associated with COVID-19 by their entry into the construction, except as
otherwise expressly stated in the Contract Documents.
Notwithstanding the foregoing, Developer hereby acknowledges that it has investigated and is
familiar with and shall comply with applicable health orders and construction field safety
protocols established by the Health Officer of the County of Sonoma, including without
limitation requirements under Order No. C19-09. Developer shall establish any required Code of
Safety Practices and designated a Site Safety Representative as may be required under such
orders. Additionally, Developer acknowledges that it may be subject to further requirements that
may be imposed by State Public Health Officer. Developer hereby acknowledges that
compliance with such requirements constitutes part of the Scope of Work under this Contract.
Exhibit G to Resolution
CERTIFICATE OF COMPLETION
<<PROJECT NAME>>
PROJECT NO. <<PROJECT NUMBER>>
I, <<Signing Eng Name>>, City Engineer of the City of Rohnert Park, California, do hereby certify
that the work and improvements hereinafter described, the contract for doing which was entered into by and
between the City of Rohnert Park and <<Contractor Name>> , dated <<Contract Date>> , was completed to
my satisfaction on <<Completion Date - Month DD, YYYY>> .
That said work and improvements generally consisted of <<Project Description>> , as more
particularly described in the plans and specifications approved by the City Council of the City of Rohnert Park
on <<Council Approval Date – Month DD, YYYY>> .
DATED: <<Eng Signature Date>>
____________________________________
<<Signing Eng Name>>
City Engineer
Exhibit G to Resolution
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, California 94928
(Space Above This Line for Recorder's Use Only)
Exempt from recording fee per Gov. Code § 27383.
Pursuant to G.C. Section 6103, the City of Rohnert Park is exempt from paying the filing fees.
NOTICE OF COMPLETION
<<PROJECT NAME>>
PROJECT NO. <<PROJECT NUMBER>>
NOTICE IS HEREBY GIVEN by the City of Rohnert Park, owner, a municipal corporation located
in Sonoma County, State of California, with its principal offices at City Hall, 130 Avram Avenue, Rohnert
Park, California 94928 of the following:
That the nature of the stated owner, or if more than one own, then of the stated owner and
co-owners is: In fee.
That I, <<Signing Eng Name>>, City Engineer of the City of Rohnert Park, California on the
<<______ day of ________________, YYYY>>, did file with the City Clerk of the City of Rohnert Park, my
Certificate of Completion of the following described work, the contract for doing which was heretofore
awarded to <<Contractor Name>> , on <<Contract Date>> , in accordance with the plans and specifications
for said work filed with the City Clerk and approved by the Rohnert Park City Council.
That said work and improvements were completed on <<Completion Date - Month DD, YYYY>>,
and that the name of the surety on the contractor's bond for labor and materials on said project is << Surety
company>>.
That said work and improvements generally consisted of the <<Project Description>> , as more
particularly described in the plans and specifications approved by the City Council of the City of Rohnert Park
on <<Plans/Specs Approved - Month DD, YYYY>> .
Dated: <<Eng Signature Date>>
CITY OF ROHNERT PARK
_________________________________
<<Signing Eng Name>>
City Engineer
The undersigned certifies that he/she is authorized to and does make this verification on behalf of the
City of Rohnert Park; that he/she has read the foregoing notice and knows the contents thereof; and that the
undersigned declares under penalty of perjury that the foregoing is true and correct to the best of his/her
knowledge.
Executed on this <<______ day of ________________, YYYY>>, at Rohnert Park, California.
CITY OF ROHNERT PARK
_______________________________
<<Signing Eng Name>>
City Engineer