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PROFESSIONAL CONSULTANT SERVICES AGREEMENT
Lynn Merrill
Project Administration and Management for the City's Energy
Efficiency and Conservation Block Grant(CBG-09-072)
THIS PROFESSIONAL CONSULTANT SERVICES AGREEMENT ("Agreement") is
made and entered into this 28rd day of September, 2010, ("Effective Date") by and between the
CITY OF GRAND TERRACE("City"), a public entity, and Lynn Merrill, ("Consultant").
1. Scope of Services. Agency agrees to retain and does hereby retain Consultant and
Consultant agrees to provide the services more particularly described in Exhibit "A & B",
"Scope of Services, Project Schedule, and Fees", attached hereto and incorporated herein by
reference, in conjunction with providing project administration and management for the City's
Energy Efficiency and Conservation Block Grant(CBG-09-072).
2. Term. This Agreement shall be effective on the date first written above unless
otherwise provided in Exhibit "A & B" and the Agreement shall remain in effect until April 12,
2011,unless otherwise terminated pursuant to the provisions herein.
3. Compensation/Payment. Consultant shall perform the Services under this
Agreement for the total sum not to exceed thirty six hundred dollars ($3,600.00) through the
term in accordance with Exhibit "A & B". Said payments shall be made in accordance with
City's usual accounting procedures upon receipt and approval of an itemized invoice setting
forth the services performed. The invoices shall be delivered to City at the address set forth in
Section 4 hereof.
4. Notices. Any notices required to be given hereunder shall be in writing and shall be
personally served or given by mail. Any notice given by mail shall be deemed given when
deposited in the United States Mail, certified and postage prepaid, addressed to the party to be
served as follows:
To Agency: To Consultant:
City of Grand Terrace Lynn Merrill,Principal
Richard Shields, Director of Building & 968 West Marshall Boulevard
Safety/Public Works San Bernardino, CA 92405
22795 Barton Road
Grand Terrace,California 92313
5. Prevailing Wage. If applicable, Consultant and all subcontractors are required to pay
the general prevailing wage rates of per diem wages and overtime and holiday wages determined
by the Director of the Department of Industrial Relations under Section 1720 et seq. of the
California Labor Code and implemented the City Council of the City of Grand Terrace. The
Director's determination is on file and open to inspection in the office of the City Clerk and is
referred to and made a part hereof; the wage rates therein ascertained, determined, and specified
are referred to and made a part hereof as though fully set forth herein.
6. Contract Administration. A designee of the City will be appointed to administer
this Agreement on behalf of the City and shall be referred to herein as Contract Administrator.
7. Standard of Performance. While performing the Services, Consultant shall exercise
the reasonable professional care and skill customarily exercised by reputable members of
Consultant's profession practicing in the Metropolitan Southern California Area, and shall use
reasonable diligence and best judgment while exercising its professional skill and expertise.
8. Personnel. Consultant shall furnish all personnel necessary to perform the Services
and shall be responsible for their performance and compensation. Consultant recognizes that the
qualifications and experience of the personnel to be used are vital to professional and timely
completion of the Services. The key personnel listed in Exhibit "C" attached hereto and
incorporated herein by this reference and assigned to perform portions of the Services shall
remain assigned through completion of the Services, unless otherwise mutually agreed by the
parties in writing, or caused by hardship or resignation in which case substitutes shall be subject
to City approval.
9. Assignment and Subcontracting. Neither party shall transfer any right, interest, or
obligation in or under this Agreement to any other entity without prior written consent of the
other party. In any event,no assignment shall be made unless the assignee expressly assumes the
obligations of assignor under this Agreement, in a writing satisfactory to the parties. Consultant
shall not subcontract any portion of the work required by this Agreement without prior written
approval by the responsible City's Contract Administrator. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement, including without
limitation, the insurance obligations set forth in Section 12. Consultant acknowledges that any
transfer of rights may require City Executive Director and/or City Council approval.
10. Independent Contractor. In the performance of this Agreement, Consultant, and
Consultant's employees, subcontractors and agents, shall act in an independent capacity as
independent contractors, and not as officers or employees of the City of Grand Terrace.
Consultant acknowledges and agrees that City has no obligation to pay or withhold state or
federal taxes or to provide workers' compensation or unemployment insurance to Consultant, or
to Consultant's employees, subcontractors and agents. Consultant, as an independent contractor,
shall be responsible for any and all taxes that apply to Consultant as an employer.
11. Indemnification.
11.1 Indemnity. Except as to the negligence or willful misconduct of the City,
Consultant shall defend, indemnify and hold the City, and its officers, employees and agents,
harmless from any and all loss, damage, claim for damage, liability, expense or cost, including
attorneys' fees, which arises out of or is in any way connected with the performance of work
under this Agreement by Consultant or any of the Consultant's employees, agents or
subcontractors and from all claims by Consultants employees, subcontractors and agents for
compensation for services rendered to Consultant in the performance of this Agreement,
notwithstanding that the City may have benefitted from their services. This indemnification
provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether
active or passive, on the part of Consultant or of Consultant's employees, subcontractors or
agents.
12. Insurance.
12.1 General Provisions. Prior to the City's execution of this Agreement, Consultant
shall provide satisfactory evidence of, and shall thereafter maintain during the term of this
Agreement,such insurance policies and coverages in the types, limits, forms and ratings required
herein. The rating and required insurance policies and coverages may be modified in writing by
the City's Risk Manager or City Attorney, or a designee, unless such modification is prohibited
by law.
12.1.1 Limitations. These minimum amounts of coverage shall not constitute any
limitation or cap on Consultant's indemnification obligations under Section 11 hereof.
12.1.2 Ratings. Any insurance policy or coverage provided by Consultant or
subcontractors as required by this Agreement shall be deemed inadequate and a material breach
of this Agreement, unless such policy or coverage is issued by insurance companies authorized
to transact insurance business in the State of California with a policy holder's rating of B+ or
higher and a Financial Class of VII or higher.
12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior
written notification of intended cancellation has been given to City by certified or registered
mail,postage prepaid.
12.1.4 Adequacy. The City, its officers, employees and agents make no representation
that the types or limits of insurance specified to be carried by Consultant pursuant to this
Agreement are adequate to protect Consultant. If Consultant believes that any required insurance
coverage is inadequate, Consultant will obtain such additional insurance coverage as Consultant
deems adequate,at Consultant's sole expense.
12.2 Workers' Compensation Insurance: By executing this Agreement, Consultant
certifies that Consultant is aware of and will comply with Section 3700 of the Labor Code of the
State of California requiring every employer to be insured against liability for workers'
compensation, or to undertake self-insurance before commencing any of the work. Consultant
shall carry the insurance or provide for self-insurance required by California law to protect said
Consultant from claims under the Workers' Compensation Act. Prior to City's execution of this
Agreement, Consultant shall file with City either(1) a certificate of insurance showing that such
insurance is in effect, or that Consultant is self-insured for such coverage, or (2) a certified
statement that Consultant has no employees, and acknowledging that if Consultant does employ
any person, the necessary certificate of insurance will immediately be filed with City. Any
certificate filed with City shall provide that City will be given ten (10) days prior written notice
before modification or cancellation thereof.
12.3 Commercial General Liability and Automobile Insurance. Prior to City's
execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the
term of this Agreement, commercial general liability insurance and automobile liability
insurance as required to insure Consultant against damages for personal injury, including
accidental death, as well as from claims for property damage, which may arise from or which
may concern operations by anyone directly or indirectly employed by, connected with, or acting
for or on behalf of Consultant. The City, and its officers, employees and agents, shall be named
as additional insureds under the Consultant's insurance policies.
12.3.1 Consultant's commercial general liability insurance policy shall cover both bodily
injury (including death) and property damage (including, but not limited to, premises operations
liability, products-completed operations liability, independent Consultant's liability, personal
injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence
and a general aggregate limit in the amount of not less than$2,000,000.
12.3.2 Consultant's automobile liability policy shall cover both bodily injury and
property damage in an amount not less than $500,000 per occurrence and an aggregate limit of
not less than $1,000,000. All of Consultant's automobile and/or commercial general liability
insurance policies shall cover all vehicles used in connection with Consultant's performance of
this Agreement, which vehicles shall include, but are not limited to, Consultant owned vehicles,
Consultant leased vehicles, Consultant's employee vehicles, non-Consultant owned vehicles and
hired vehicles.
12.3.3 Prior to Citys execution of this Agreement, copies of insurance policies or
original certificates and additional insured endorsements evidencing the coverage required by
this Agreement, for both commercial general and automobile liability insurance, shall be filed
with the City and shall include the City and its officers, employees and agents, as additional
insureds. Said policies shall be in the usual form of commercial general and automobile liability
insurance policies,but shall include the following provisions:
It is agreed that the City and its officers, employees and agents, are added as
additional insureds under this policy, solely for work done by and on behalf of the
named insured for the City.
12.4 Subcontractors' Insurance. Consultant shall require all of its subcontractors to
carry insurance, in an amount sufficient to cover the risk of injury, damage or loss, that may be
caused by the subcontractors' scope of work and activities provided in furtherance of this
Agreement, including, but without limitation, the following coverages: Workers Compensation,
Commercial General Liability, Errors and Omissions, and Automobile liability. Upon City's
request, Consultant shall provide the City with satisfactory evidence that Subcontractors have
obtained insurance policies and coverages required by this section.
13. Business Tax. Consultant understands that the Services performed under this
Agreement constitutes doing business in the City of Grand Terrace, and Consultant agrees that
Consultant will register for and pay a business tax pursuant to Chapter 5.04 of the Grand Terrace
Municipal Code and keep such tax certificate current during the term of this Agreement.
14. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
15. City's Right to Employ Other Consultants. City reserves the right to employ other
Consultants in connection with the Project.
16. Accounting Records. Consultant shall maintain complete and accurate records with
respect to costs incurred under this Agreement. MI such records shall be clearly identifiable.
Consultant shall allow a representative of City during normal business hours to examine, audit,
and make transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and
activities related to the Agreement for a period of three (3) years from the date of final payment
under this Agreement.
17. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings,
descriptions, computer program data, input record data, written information, and other materials
either created by or provided to Consultant in connection with the performance of this
Agreement shall be held confidential by Consultant, except as otherwise directed by City's
Contract Administrator. Nothing furnished to Consultant which is otherwise known to the
Consultant or is generally known, or has become known, to the related industry shall be deemed
confidential. Consultant shall not use City's name or insignia,photographs of the Project,or any
publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper,
television or radio production,website,or other similar medium without the prior written consent
of the City.
18. Ownership of Documents. All reports, maps, drawings and other contract
deliverables prepared under this Agreement by Consultant shall be and remain the property of
City upon City's compensation to Consultant for its services as herein provided. Consultant shall
not release to others information furnished by City without prior express written approval of
City.
19. Conflict of Interest. Consultant, for itself and on behalf of the individuals listed in
Exhibit "C", represents and warrants that by the execution of this Agiceuent, they have no
interest, present or contemplated, in the Project affected by the above-described Services.
Consultant further warrants that neither Consultant,nor the individuals listed in Exhibit"C"have
any real property, business interests or income interests that will be affected by this project or,
alternatively,that Consultant will file with the City an affidavit disclosing any such interest.
20. Solicitation. Consultant warrants that Consultant has not employed or retained any
person or City to solicit or secure this Agreement, nor has it entered into any agreement or
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understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure
this Agreement. For breach of this warranty, City shall have the right to terminate this
Agreement without liability and pay Consultant only for the value of work Consultant has
actually performed, or, in its sole discretion, to deduct from the Agice vent price or otherwise
recover from Consultant the full amount of such commission, percentage, brokerage or
commission fee. The remedies specified in this section shall be in addition to and not in lieu of
those remedies otherwise specified in this Agreement.
21. General Compliance with Laws. Consultant shall keep fully informed of federal,
state and local laws and ordinances and regulations which in any manner affect those employed
by Consultant, or in any way affect the performance of services by Consultant pursuant to this
Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and
regulations, and shall be solely responsible for any failure to comply with all applicable laws,
ordinances and regulations.
22. Amendments. This Agreement may be modified or amended only by a written
Agreement and/or change order executed by the Consultant and City.
23. Termination. City, by notifying Consultant in writing, shall have the right to
terminate any or all of Consultant's services and work covered by this Agreement at any time. In
the event of such termination, Consultant may submit Consultant's final written statement of the
amount of Consultant's services as of the date of such termination based upon the ratio that the
work completed bears to the total work required to make the report complete, subject to the
City's rights under Sections 15 and 24 hereof. In ascertaining the work actually rendered
through the termination date,City shall consider completed work,work in progress and complete
and incomplete reports and other documents only after delivered to City.
23.1 Other than as stated below, City shall give Consultant thirty (30) days prior written
notice prior to termination.
23.2 City may terminate this Agreement upon fifteen (15) days written notice to
Consultant,in the event:
23.2.1 Consultant substantially fails to perform or materially breaches the Agreement; or
23.2.2 City decides to abandon or postpone the Project.
24. Offsets. Consultant acknowledges and agrees that with respect to any business tax or
penalties thereon, utility charges, invoiced fee or other debt which Consultant owes or may owe
to the City, City reserves the right to withhold and offset said amounts from payments or refunds
or reimbursements owed by City to Consultant. Notice of such withholding and offset shall
promptly be given to Consultant by City in writing. In the event of a dispute as to the amount
owed or whether such amount is owed to the City, City will hold such disputed amount until
either the appropriate appeal process has been completed or until the dispute has been resolved.
25. Successors and Assigns. This Agreement shall be binding upon City and its
successors and assigns, and upon Consultant and its permitted successors and assigns, and shall
not be assigned by Consultant, either in whole or in part, except as otherwise provided in
paragraph 9 of this Agreement.
26. Venue and Attorneys' Fees. Any action at law or in equity brought by either of the
parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall
be tried in a court of competent jurisdiction in the County of San Bernardino, State of California,
and the parties hereby waive all provisions of law providing for a change of venue in such
proceedings to any other county. In the event either party hereto shall bring suit to enforce any
term of this Agreement or to recover any damages for and on account of the breach of any term
or condition of this Agreement, it is mutually agreed that the prevailing party in such action shall
recover all costs thereof, including reasonable attorneys' fees, to be set by the court in such
action.
27. Nondiscrimination.During Consultant's performance of this Agreement,Consultant
shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry,
age, physical disability, mental disability, medical condition, including the medical condition of
Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status,
sex,or sexual orientation, in the selection and retention of employees and subcontractors and the
procurement of materials and equipment, except as provided in Section 12940 of the California
Government Code. Further, Consultant agrees to conform to the requirements of the Americans
with Disabilities Act in the performance of this Agreement.
28. Severability. Each provision, term, condition, covenant and/or restriction, in whole
and in part, of this Agreement shall be considered severable. In the event any provision, term,
condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared
invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed
from this Agreement and shall not affect any other provision, term, condition, covenant and/or
restriction of this Agreement,and the remainder of the Agreement shall continue in full force and
effect.
29. Authority: The individuals executing this Agreement and the instruments referenced
herein on behalf of Consultant each represent and warrant that they have the legal power, right
and actual authority to bind Consultant to the terms and conditions hereof and thereof.
30. Entire Agreement: This Agreement constitutes the final, complete, and exclusive
statement of the terms of the agreement between the parties pertaining to the subject matter of
this Agreement, and supersedes all prior and contemporaneous understandings or agreements of
the parties. Neither party has been induced to enter into this Agreement by, and neither party is
relying on,any representation or warranty outside those expressly set forth in this Agreement.
31. Interpretation. City and Consultant acknowledge and agree that this Agreement is
the product of mutual arms-length negotiations and accordingly, the rule of construction, which
provides that the ambiguities in a document shall be construed against the drafter of that
document, shall have no application to the interpretation and enforcement of this Agreement.
31.1 Titles and captions are for convenience of reference only and do not define,
describe or limit the scope or the intent of the Agreement or any of its terms. Reference to
section numbers are to sections in the Agreement unless expressly stated otherwise.
31.2 This Agreement shall be governed by and construed in accordance with the laws
of the State of California in effect at the time of the execution of this Agreement.
31.3 In the event of a conflict between the body of this Agreement and Exhibit "A &
B"hereto,the terms contained in Exhibit"A&B" shall be controlling.
32. Exhibits. The following exhibits attached hereto are incorporated herein to this
Agreement by this reference:
Exhibit"A"- Scope of Services and Fees
Exhibit"B"—CEC Scope of Work
Exhibit"C"-Personnel
IN WITNESS WHEREOF City and Consultant have caused this Agreement to be duly
executed the day and year first above written.
CITY OF GRAND TERRACE Company
A Public Entity Lynn Me
By: �` By:
Be M. A am Lynn Merrill
City Manager Principal
Attest: pi g4J7 _pow .
City Clerk
APPROVED AS TO FORM:
By.
City A
EXHIBIT A
SCOPE OF WORK
1. Provide management review and oversight of the grant project, including ensuring compliance
with all requirements contained in Grant agreement. Serve as the City's project manager and
liaison between the City and the California Energy Commission(CEC) staff to work through the
various issues and concerns, as well as ensuring compliance with the CEC/Department of Energy
(DOE)requirements. Provide oversight and managerial support as adjunct staff for the Public
Works Department in the implementation of this grant.
2. Prepare and submit for review to the City's Project Manager required monthly reports,
including Office of Management and Budget(OMB) 1512 Reporting Requirements. Reports
shall be submitted on the schedule set forth by the California Energy Commission. Currently,the
CEC is requiring that each OMB 1512 report be submitted by the 3rd of each month. CEC has
developed an Excel based spreadsheet to streamline this reporting. Ensure that the OMB 1512
report is completed by the last day of each month, for review by city staff,prior to submission.
CEC staff intends to provide an email link each month for this report,and complete this
information in a timely manner.
3. Prepare necessary bid documents for the purchase and installation of lighting retrofits in City
Hall, City Hall Annex, Child Care Center and Fire Station using the City's standard format for
bid documents. Assisted the city in developing the City's EECBG application,including
quantifying the lighting systems and proposed replacement lighting technology that were eligible
under the grant. Use the City's standard specification for Public Works bids as a template for
developing the specification and modifying it as necessary for this procurement. Be responsible
for coordinating the entire procurement process, including specification development,bid
process,job-walk,bid analysis and preparation of any agreements and staff reports necessary to
award these two procurements.
4. Prepare necessary bid documents for the purchase and installation of HVAC systems in City
Hall Annex,Child Care Center and Fire Station using the City's standard format for bid
document.
Use the City's standard specification for Public Works bids as a template for developing the
specification and modifying it as necessary for this procurement. Be responsible for coordinating
the entire procurement process,including specification development,bid process,job-walk,bid
analysis and preparation of any agreements and staff reports necessary to award these two
procurements.
5. Review and process Weekly Certified Payrolls for sub-vendors and contractors during the
course of the project for submission to the state. Once a vendor has been selected for each of the
procurements,review and process Weekly Certified Payrolls for the respective vendors in order
to comply with the requirements contained in the CEC/DOE regulations. Work with City staff
in order to ensure all records are received and any reports necessary to support the grant program
will be obtained by the vendors.
6.Prepare and submit prevailing wage and Bacon-Davis wage certifications to the California
Energy Commission for review and approval. Work with the CEC Project Management staff in
completion of all necessary reports in order to ensure that the City's grant is fully compliant with
State prevailing wage requirements as well as Federal Bacon-Davis wage certifications.
7. Prepare and submit Waste Management Plans for approval by the California Energy
Commission prior to commencing project. The CEC has developed a Waste Management Plan
template which will serve as the starting point for preparation of this Plan. We anticipate that the
wastes generated from this project will include fluorescent tubes replaced during the lighting
retrofit,various ballasts, various vapor lamps,scrap materials including wiring, lamp housings
and other materials. Ensure that the Waste Management Plan is both appropriate for the materials
that are generated,that materials generated are processed,recycled or disposed of according to
State and Federal laws and regulations and that adequate documentation is received which
demonstrates compliance with the Waste Management Plan.
8. Other activities necessary to ensure timely and successful completion of the Grant project.
During the course of the retrofit of the lighting system and HVAC and be available as needed to
resolve issues and concerns which may arise during the course of the retrofits,as well as
resolving issues that may occur between the City and CEC. Because of the new nature of this
grant program,and the necessity to resolve administrative issues that may result from changing
administrative requirements between CEC and DOE,consultant shall anticipate the need to make
corrections in program administration as they develop.
Additional Services:
Services which are not specifically identified herein as services to be performed by Lynn Merrill
are considered Additional Services for the purposes of this Proposal. The City may request that
Lynn Merrill perform services which are Additional Services. Lynn Merrill will perform such
additional services upon execution of an amendment to this Agreement setting forth the scope,
schedule and fee for such additional services.
FEES
Total fees for Project Administration and Management services for the project are outlined
below:
Project Administration and Management
Total: $3,600.00
EXHIBIT B
SCOPE OF WORK
Task 1 —Attend Kick-Off Meeting
The goal of this task is to establish the fines of communication and procedures for
implementing this Agreement. The Recipient shall attend a "kick-off meeting with the
Commission Project Manager and the Grants Officer. The Recipient shall bring their
Project Manager and other relevant staff. The administrative and technical aspects of
this Agreement will be discussed at the meeting. Prior to the kick-off meeting, the
Commission Project Manager will provide an agenda to all potential meeting
participants.
Topics to be discussed at this meeting will include, but are not limited to:
• Terms and Conditions of the Agreement
• Permit Documentation
• Scope of Work
• Project Schedule (including Products and Due Dates)
• Progress Reports
• Final Report
• Use of State Identity Branding Mark Logo
• Prohibition on KEMA Inc. or its subsidiary known as KEMA Services Inc.
from performing services as a subcontractor or other lower-tier contractor
to achieve the objectives of this Agreement
• Historic Preservation and Consultation Package Requirements
The Commission Project Manager shall designate the date and location of this meeting.
This meeting may occur in person, via teleconference call, or other method at the
discretion of the Commission Project Manager.
Products:
• List of Permits, if applicable (no draft)
Due Date: August 9, 2010
Task 2— Identify and Obtain Required Permits
The goal of this task is to obtain all permits required for work completed under this
Agreement in advance of the date they are needed to keep the Agreement schedule on
track.
Permit costs and the expenses associated with obtaining permits are not reimbursable
under this Agreement. Permits must be identified in writing and obtained before the
Recipient can incur any costs related to the use of the permits for which the Recipient
will request reimbursement.
Page 2 of 7 CBG-09-072
Scope of Work City of Grand Terrace
The Recipient shall prepare a letter documenting the permits required to conduct this
Agreement and submit it to the Commission Project Manager at least 2 working days
prior to the kick-off meeting:
1. If there are no permits required at the start of this Agreement, then state such in
the letter.
2. If it is known at the beginning of the Agreement that permits will be required
during the course of the Agreement, provide in the letter:
• Type(s) of permit(s)
• Name, address and telephone number of the permitting jurisdictions or
lead agencies
• Schedule the Recipient will follow in applying for and obtaining these
permits
The list of permits and the schedule for obtaining them will be discussed at the kick-off
meeting and a timetable for submitting the updated list, schedule and the copies of the
permits will be developed. The implications to the Agreement if the permits are not
obtained in a timely fashion or are denied will also be discussed. If applicable, permits
will be included as a line item in the progress reports.
If during the course of the Agreement additional permits become necessary, then
provide the appropriate information on each permit and an updated schedule to the
Commission Project Manager.
As permits are obtained, send a copy of each approved permit to the Commission
Project Manager.
If during the course of the Agreement permits are not obtained on time or are denied,
notify the Commission Project Manager within 5 working days.
Product: Letter documenting the Permits or stating that no Permits are required (no
draft)
Due Date: August 2, 2010
Product: Updated list of permits as they change during the approved term of the
Agreement (no draft)
Due Date: As necessary, within 10 days of change
Product: A copy of each approved Permit (no draft)
Due Date: As necessary, within 10 days of receipt of each permit
Page 3 of 7 CBG-09-072
Scope of Work City of Grand Terrace
Task 2a — Submission of Waste Management Plan
The goal of this task is to submit a Waste Management Plan to the Commission Project
Manager prior to the proposed project activities generating any waste. This Waste
Management Plan will describe the Recipient's plan to dispose of any sanitary or
hazardous waste generated by the proposed project activities. Sanitary and hazardous
waste includes, but is not limited to, construction and demolition debris, old light bulbs,
fluorescent ballasts and lamps, piping, roofing material, discarded equipment, debris,
and asbestos.
The Recipient's Waste Management Plan must comply with all federal, state, and local
laws and regulations governing waste disposal.
Products: Waste Management Plan (no draft)
Due Date: October 14, 2010
Task 2b —Award Subcontract
The goal of this task is to approve a subcontract for the installation of approved
materials/equipment as identified in Attachment C-8 of this Agreement. All equipment
must adhere to the requirements and specifications set forth in Exhibit 2 of the EECBG
funding solicitation (PON-09-001). A listing of the specific materials/equipment
purchased shall be documented in the next monthly progress report submitted under
this agreement.
NOTE: The list of materials and equipment identified in Attachment C-8 includes the
total possible universe of materials and equipment that the Recipient may purchase with
EECBG funds. The Recipient may not purchase any material or equipment that is not
on this list. The Recipient may purchase more or less of a certain type of material or
equipment than the exact number listed in Attachment C-8, provided that such
modifications are made in accordance with the rules governing changes to the
Agreement in the terms and conditions of this Agreement. These restrictions do not
apply to materials and equipment which are entirely paid for with cost share funds.
NOTE: The requirement to submit copies of all executed subcontracts applies to all
subcontracts for services to achieve the objectives of this Agreement, including
subcontracts paid for entirely with cost share funds.
Products: Copy of Executed Subcontract (no draft)
Due Date: October 12, 2010
Page 4 of 7 CBG-09-072
Scope of Work City of Grand Terrace
Task 2c — Submit Prevailing Wage Rates and Weekly Certified Payrolls
Within 30 days or less after execution of any subcontract for services under this
Agreement the Recipient must submit to the Commission Project Manager a copy of
applicable wage determinations for any and all labor and mechanic work to be
performed under the subcontract.
The Recipient must also submit to the Energy Commission on a weekly basis a copy of
all certified payrolls prepared for all subcontractors and lower tier contractors. The
terms and conditions of this Agreement provide the required specifications.
These requirements apply to all subcontracts for services to achieve the objectives of this
Agreement, including subcontracts paid for entirely with cost share funds.
Products: Copies of Applicable Wage Determinations (no draft)
Due Date: Within 30 days or less after execution of any subcontract for services
under this Agreement
Products: Weekly Certified Payrolls of All Lower Tier Contractors (no draft)
Due Date: Weekly for each week in which any Contract work is performed during the
term of the Agreement
Task 2d — Historic Preservation
Prior to the expenditure of EECBG Program funds to alter any structure or site, the
Recipient is required to comply with the requirements of Section 106 of the National
Historic Preservation Act (NHPA). In order to fulfill the requirements of Section 106, the
Energy Commission and the Recipient must consult with the California State Historic
Preservation Officer (SHPO), and, if applicable, the Tribal Historic Preservation Officer
(THPO), to ensure that proposed projects will have no adverse effects on any historic
resources. The Energy Commission has executed a Programmatic Agreement with the
SHPO to streamline the Section 106 consultation process. Under the Programmatic
Agreement, the Energy Commission will evaluate projects to determine whether such
projects are categorically excluded from the SHPO's direct review and consultation.
In order for the Energy Commission to determine whether a given project is
categorically excluded from the SHPO's direct review and consultation, the applicant
must prepare a Consultation Package for each project proposed under this grant,
unless the project obtained SHPO clearance prior to grant approval. The Energy
Commission will provide the required specifications for the Consultation Package.
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Scope of Work City of Grand Terrace
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Products: Consultation Package
Due Date: No later than 30 days after the execution of the grant or the identification
of the project structure(s) or site(s) to be retrofitted under the grant,
whichever is later
Task 3 — Purchase Equipment
The goal of this task is to purchase the approved materials/equipment as identified in
Attachment C-8 of this Agreement. All equipment must adhere to the requirements and
specifications set forth in Exhibit 2 of the EECBG funding solicitation (PON-09-001).
The Recipient shall purchase the approved materials/equipment. A listing of the
materials/equipment purchased shall be documented in the next monthly progress
report submitted under this agreement.
Products: None
Due Date: November 11, 2010
Task 4— Install Equipment
The goal of this task is to install the purchased equipment in Task 3 above at the
following locations:
• City Hall and City Hall Annex B, 22795 Barton Road, Grand Terrace, CA
• Child Care Center, 22400 Barton Road, Grand Terrace, CA
• Fire Station 23, 22582 Center City Court, Grand Terrace, CA
• Public Works Shop, 22795 Barton Road, Grand Terrace, CA
The Recipient shall ensure that the subcontractor will install the approved equipment. A
listing of the equipment installed shall be documented in the next monthly progress
report submitted under this agreement. As appropriate, photographs should be
submitted to the Energy Commission Project Manager to verify that installation has
been completed. For very large projects, a sampling of photos may be used to
document installation. Recipients shall work with the assigned Energy Commission
Project Manager to ensure sufficient verification is provided.
Products: Photographs of Installed Equipment (no draft)
Due Date: January 12, 2011
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Scope of Work City of Grand Terrace
Task 5 — Monthly Progress Reports
The goal of this task is to periodically verify that satisfactory and continued progress is
made towards achieving the objectives of this Agreement.
The Recipient shall prepare progress reports which summarize all Agreement activities
conducted by the Recipient for the reporting period, including an assessment of the ability
to complete the Agreement within the current budget and any anticipated cost overruns.
The terms and conditions of this Agreement provide the required specifications.
Products: Monthly Progress Reports (no draft)
Due Date: By the 3rd day of each month until submission of the final report.
Task 6— Final Report
The goal of this task is to prepare a comprehensive written Final Report that describes
the original purpose, approach, results and conclusions of the work done under this
Agreement. The Commission Project Manager will review and approve the Final Report.
A Draft Final Report shall be submitted to the Commission Project Manager no later
than the Draft Final Report Due Date. The terms and conditions of this Agreement
provide the required specifications.
The Commission Project Manager will review the Draft Final Report. The Recipient will
incorporate applicable comments and submit the Final Report (the original and two
copies) to the Commission Project Manager for review and approval. Upon receipt of
the Final Report, the Commission Project Manager shall ensure that all work has been
satisfactorily completed.
The Final Report must be completed on or before the Final Report Due Date.
The Final Report shall be a public document.
Product: Draft Final Report
Due Date: February 12, 2011
Product: Final Report
Due Date: April 12, 2011
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Scope of Work City of Grand Terrace
EXHIBIT"C"
PERSONNEL
Lynn Merrill
Lynn Merrill,Principal