02/12/2019CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA ● FEBRUARY 12, 2019
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
The City of Grand Terrace complies with the Americans with Disabilities Act of 1990. If you require
special assistance to participate in this meeting, please call the City Clerk’s office at (909) 824 -6621 at
least 48 hours prior to the meeting.
If you desire to address the City Council during the meeting, please complete a Request to Speak Form
available at the entrance and present it to the City Clerk. Speakers will be called upon by the Mayor at
the appropriate time.
Any documents provided to a majority of the City Council regarding any item on this agenda will be made
available for public inspection in the City Clerk’s office at City Hall located at 22795 Barton Road during
normal business hours. In addition, such documents will be posted on the Cit y’s website at
www.grandterrace-ca.gov
CALL TO ORDER
Convene City Council
Invocation
Pledge of Allegiance
Roll Call
Attendee Name Present Absent Late Arrived
Mayor Darcy McNaboe
Mayor Pro Tem Doug Wilson
Council Member Sylvia Robles
Council Member Bill Hussey
Council Member Jeff Allen
A. SPECIAL PRESENTATIONS - NONE
Agenda Grand Terrace City Council February 12, 2019
City of Grand Terrace Page 2
B. CONSENT CALENDAR
The following Consent Calendar items are expected to be routine and noncontroversial.
They will be acted upon by the City Council at one time without discussion. Any Council
Member, Staff Member, or Citizen may request removal of an item from the Consent
calendar for discussion.
1. Waive Full Reading of Ordinances on Agenda
DEPARTMENT: CITY CLERK
2. Approval of Minutes – Regular Meeting – 01/22/2019
DEPARTMENT: CITY CLERK
3. Attachment to Minutes - 01/22/2019
4. Planning Commission, Historical & Cultural Activities Committee, and Parks &
Recreation Advisory Committee Meeting Minutes
RECOMMENDATION:
Receive and file.
DEPARTMENT: CITY CLERK
5. Approval of Check Register No. 01312019 in the Amount of $855,784.47
RECOMMENDATION:
Approve Check Register No. 01312019 in the amount $855,784.47 as submitted, which
includes the Check Register Account Index for Fiscal Year 2018-19.
DEPARTMENT: FINANCE
6. Monthly Financial Report for November-2018
RECOMMENDATION:
Receive and file the Monthly Financial Report for the period ending November 30, 2018.
DEPARTMENT: FINANCE
C. PUBLIC COMMENT
This is the opportunity for members of the public to comment on any items not
appearing on the regular agenda. Because of restrictions contained in California Law,
the City Council may not discuss or act on any item not on the agenda, but may briefly
respond to statements made or ask a question for clarification. The Mayor may also
request a brief response from staff to questions raised during public comment or may
request a matter be agendized for a future meeting.
Agenda Grand Terrace City Council February 12, 2019
City of Grand Terrace Page 3
D. CITY COUNCIL COMMUNICATIONS
Council Member Jeff Allen
Council Member Bill Hussey
Council Member Sylvia Robles
Mayor Pro Tem Doug Wilson
Mayor Darcy McNaboe
E. PUBLIC HEARINGS - NONE
F. UNFINISHED BUSINESS
G. NEW BUSINESS
7. Appointment of Planning Commission Mem ber to Fill Planning Commission Vacancy
RECOMMENDATION:
Conduct interviews and take the following action:
1. Appoint one (1) person to the Planning Commission to fill the remainder of one
(1) four-year term expiring on June 30, 2022.
DEPARTMENT: CITY CLERK
8. Approval of a Contractor Agreement Between The City of Grand Terrace and Clean
Street for Street Sweeping Services
RECOMMENDATION:
1. Award the Street Sweeping Contractor Agreement to Clean Street beginning
March 1, 2019 through February 28, 2022 f or an amount not to exceed $54,508
(including $2,500 set-aside for on-call services if needed) annually maintaining
the existing schedule; or,
2. Award the Street Sweeping Contractor Agreement to Clean Street as follows:
a. Beginning March 1, 2019 through August 31, 2019 for an amount not to
exceed $27,253 (including $1,250 set-aside for on-call services if needed)
maintaining the existing schedule; and
b. Beginning September 1, 2019 through August 31, 2022 for an amount not
to exceed $60,908 (including $2,500 set-aside for on-call services if
needed) annually implementing the odd/even street sweeping schedule;
and,
3. Authorize the City Manager to execute the agreement.
DEPARTMENT: PUBLIC WORKS
Agenda Grand Terrace City Council February 12, 2019
City of Grand Terrace Page 4
9. Professional Services Agreement Between the City of Grand Terrace and Hirsch and
Associates, Inc.
RECOMMENDATION:
1) Approve a Contract with Hirsch and Associates, Inc. in the amount of
$145,510.00 for Design Services (Phase 1), subject to City Attorney and City
Manager approval;
2) Approve the appropriation in the amount $145,510 from the Parks Fund fund
balance for the contract with Hirsch and Associates; and
3) Authorize the City Manager to Execute the Contract, and to Make Any
Amendments Necessary to Complete the Project.
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
10. Update on the Successor Agency's 2011 Tax Allocation Bonds (TABs)
RECOMMENDATION:
Receive and file the report.
DEPARTMENT: FINANCE
11. Consideration and Discussion of Procedures for City Council Future Agenda Requests
RECOMMENDATION:
Consider and discuss the options for City Council Future Agenda Item Request
Procedures, and provide direction to staff on the City Council’s desired option.
DEPARTMENT: CITY ATTORNEY
H. CITY MANAGER COMMUNICATIONS
CLOSED SESSION - NONE
I. ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, February 26, 2019 a t
6:00 p.m.
Any request to have an item placed on a future agenda must be made in writing and
submitted to the City Clerk’s office and the request will be processed in accordance with
Council Procedures.
CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● JANUARY 22, 2019
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
CALL TO ORDER
Mayor Darcy McNaboe convened the Regular Meeting of the City Council at 6:00 p.m.
INVOCATION
The Invocation was provided by Pastor Steven Brandt from the Church on the Hill.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Jeff Allen.
Attendee Name Title Status Arrived
Darcy McNaboe Mayor Present
Doug Wilson Mayor Pro Tem Present
Sylvia Robles Council Member Present
Bill Hussey Council Member Remote
Jeff Allen Council Member Present
G. Harold Duffey City Manager Present
Adrian Guerra City Attorney Present
Debra Thomas City Clerk Absent
Alan French Public Works Director Present
Sandra Molina Planning & Development Services Director Present
Cynthia A. Fortune Assistant City Manager Present
A. SPECIAL PRESENTATIONS - NONE
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B. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Hussey, Council Member
SECONDER: Doug Wilson, Mayor Pro Tem
AYES: McNaboe, Wilson, Robles, Hussey, Allen
1. Waive Full Reading of Ordinances on Agenda
2. Approval of Minutes – Regular Meeting – 01/08/2019
APPROVE THE JANUARY 8, 2019 REGULAR MEETING MINUTES OF THE CITY
COUNCIL
3. Attachment to Minutes - 01/08/2019
APPROVE THE POWERPOINT PRESENTATION ATTACHMENTS TO THE
JANUARY 8, 2019 REGULAR MEETING MINUTES OF THE CITY COUNCIL
4. City of Grand Terrace Legislative Agenda for 2019 -20 for Assembly Member Reyes and
State Senator Leyva
APPROVE LEGISLATIVE ADVOCACY IDEAS/PLATFORM AND DIRECT STAFF TO
FORWARD PLATFORM TO THE OFFICES OF ASSEMBLY MEMBER ELOISE
REYES AND STATE SENATOR CONNIE LEYVA
5. City Department Monthly Activity Report - November 2018
RECEIVE AND FILE.
C. PUBLIC COMMENT
Jeffrey McConnell, Grand Terrace reminded the City Council that in the past he has
always looked forward to the City’s prioritization workshop held at the beginning of each
new year and he asked when the postponed survey containing multiple questions from
last year would be scheduled. He believes the public would like to participate in both
events.
Jeremy Briggs, Grand Terrace thanked the Council for attending the Grand Terrace
Community Basketball’s opening day. Mr. Briggs explained to the Council that a local
resident and his family have fallen on hard times due to the heavy rains and damage to
their home and personal belongings. He asked if there is a community resource
available to the resident and his family that can help keep them in the City of Grand
Terrace.
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D. CITY COUNCIL COMMUNICATIONS
Council Member Jeff Allen
Council Member Jeff Allen attended a LAFCO workshop on January 22, 20 19 held at
the old train station. He was able to ascertain information on what the agency’s purpose
and what it does for the City. LAFCO calls itself the “Legislative Watchdog and
Guardians of the Public Good.” He stated in the next couple of years, the ag ency will be
conducting some reviews on streetlighting, parks and recreation and roads.
Council Member Allen attended Assemblymember Reyes’ swearing in ceremony on
January 18, 2019. He wanted to share with Council and the City’s residents the
Assemblymember’s desire to start a Policy 47 Initiative. It is a committee for bold and
energetic residents of the 47th Assembly District to join/
Council Member Allen would like staff to address the dead trees and landscaping
between Susan Petta Park and those properties on Brentwood.
Council Member Bill Hussey
Council Member Bill Hussey was pleased to attend the Grand Terrace Community
Basketball opening ceremonies event on January 13, 2019.
Council Member Hussey would like staff to address the following:
· Survey residents on what public safety and other priorities are important to them
for the City.
· Address GT Pit Stop’s parking lot; he is receiving complaints about the
aesthetics.
· Keep the public informed on the Blue Mountain Hiking Trail design so resident s
have accurate information.
Council Member Sylvia Robles
Council Member Sylvia Robles attended the League of California Cities Revenue and
Taxation Policy Committee in Sacramento on January 18, 2019.
Received a comprehensive briefing on Governor Gavin Newsom’s budget and
legislative priorities as follows:
· $144 billion in general fund spending
· $209 billion with special funds and bond proceeds allocations accounted
· Governor plans on increasing the rainy day reserve by $15.3 billion
· He has plans to expand child care by $500 million
· Increase CalWORKs by 25 percent
· He plans on spending $81 billion on K-12 and community colleges including $750
million to address barriers for full time kindergarten
· Extending free community college to two years
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· Doubling the state’s earned income tax credit for low income households
· Expanding Medi-Cal to serve undocumented youth between ages 19-25
· Providing six months paid parental leave
· Governor plans to tie SB1 funding to housing production
· Governor will not comment on restoring RDAs and has instead stated that
infrastructure financing districts could become more useful by repealing the
current 55% vote and pairing them with federal opportunities and incentives
Received and approved League staff work plan as it relates to revenue and taxation
issues as follows:
· The decision on South Dakota vs. Wayfair allows states to charge tax on
purchases made from out-of-state sellers
Strategic Goals for the League of California Cities are as follows:
· Providing cities additional funding and tools to preserve local authority to address
housing production, affordability and homelessness
· Improve disaster preparedness, recovery and climate resiliency
· Promote sustainability of public pension retirement health benef its
· Address public safety concerns of California cities
· Remain informed on developments associated with the upcoming Cal Fire ruling.
· Engage in a tax reform discussion that may be developed at the state level using
league policies as guidelines
· Vehicle License Fee and New Incorporations/Annexations: Sponsor legislation to
address the fiscal viability of new incorporations and annexations of inhabited
areas
· Remain on alert for proposals that could undermine local revenue, affect funding
for infrastructure, or shift costs and responsibilities
· Continue to monitor and protect vital local revenues including the transient
occupancy tax, and utility user’s tax
· Remain informed and, where necessary, take action to prohibit additional state
mandates funded or unfunded
· Monitor issues associated with the California Department of Tax and Fee
Administration
Mayor Pro Tem Doug Wilson
Mayor Pro Tem Doug Wilson attended the San Bernardino Valley Municipal Water
District Advisory Commission on Water Policy on January 7, 2019.
Discussion was held regarding a dam that the agency is sharing some costs. The water
agency elected to reduce its footprint in relation to demand that is forecasted. He
described how the dam functions, the pass through to the California A queduct and how
water feeds in and out of the dam. The project proposed is a go od one and is
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necessary. There was also a lot of conversation about local area improvements insofar
as recapturing water.
The next meeting is to be held in three months and is very beneficial to the area.
Mayor Pro Tem Wilson expressed his disappointment regarding the City’s legislative
priorities list being forwarded to the Assemblymember and Senator as it is missing local
roadway money. He is asking if there is a way to amend the list as the City does not
have the funding to maintain the roadway with th e anticipated increase in traffic.
Mayor Darcy McNaboe
Mayor Darcy McNaboe attended an Omnitrans meeting held on January 9, 2019 and
discussed the following:
· Labor negotiations with the local union.
· Omnitrans CEO reported on fare revenues, which is on the rise despite ridership
decline. Revenue for FY2018 increased 2% over FY2017 and the current year is
on track to grow as much as 8%. The increase is primarily attributed to the
“GoSmart” college program and mobile fare sales have also contributed.
Additionally, the cost of fueling buses has declined since implementation of the
pipeline gas fueling infrastructure, a reduction in fuel costs and alternative fuel
tax credits and low carbon fuel tax credits received for using natural gas.
· Looking ahead as more Access unleaded gasoline vehicles are replaced with
CNG vehicles, the cost is estimated to decrease which will translate into an
annual savings of approximately $400,000.
· Omnitrans is transitioning its entire fleet into pipeline natural gas which will
stabilize the volatility of fuel prices and reduce the agency’s carbon footprint.
· Authorized the CEO to award the following contracts:
o Bridgestone Americas Tire Operations
o EnPro Services, Inc.
o Transtrack Systems, Inc.
Mayor McNaboe attended the SBCTA meeting held on January 9, 2019 and discussed
the following:
· Closed Session: Conference with Legal Counsel
· Approved the use of a Private Railcar Storage License Agreement Template
· Allocated State Transit Assistance Funds to Mountain Transit for the purchase of
properties in Crestline and the City of Big Bear Lake
· Approved Hearings to Consider Resolutions of Necessity for Parcels for State
Route 60 Central Avenue Improvement Project in the City of Chino
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· Approved Hearings to Consider Resolutions of Necessity for Property Interests
for the Interstate 10 Corridor Contract 1 Project in the Cities of Montclair, Upland
and Ontario.
· Awarded contracts to Royal Coaches Towing for Freeway Service Patrol Beats
No. 10 and 23
· Received the presentation from the South Coast Air Quality Management District
on Proposed Tax Measure.
· Received a Metro Gold Line Foothill Extension Phase IIB project update
On January 10, 2019, she attended the SBCTA Study Session and discussed the
following:
· Preview of the Hearings to Consider Resolutions of Necessity for Property
Interests for the Interstate 10 Corridor Contract 1 Project in the Cities of
Montclair, Upland and Ontario
· Parcel Acquisition for Redlands Passenger Rail Project
· Approve increases to Allowances/Contingency for Contract with Flatiron West,
Inc. for the Interstate 15 Base Line Road Interchange project
· Recommended amendments to Cooperation Agreement with the City of Ontario
increasing the City’s contribution and using Trade Corridor Improvement Funds
and Measure I Valley Freeway Interchange Program for the Archibald Avenue
Improvement Project at State Route 60
· Approved an increase in contingency for contract with Downing Construction, Inc.
for Early Utilities Relocations for water and sewer utilities in the Cities of San
Bernardino and Loma Linda in support of the Redlands Passenger Rail Project.
Mayor McNaboe attended the Grand Terrace Community Basketball openi ng
ceremonies event on January 13, 2019.
She also attended Assemblymember Reyes’ community swearing in ceremony and
noted that the Assemblymember was pleased to see representatives of Grand Terrace
in attendance.
Mayor McNaboe met with individuals who are friends of the Santa Ana River Trail who
invited new Supervisor, Dawn Rowe to tour the unfinished portion of the trail in the
hopes of peaking her interest in identifying what happened to the funding to complete
that portion of the trail.
There is one more scheduled Saturday, January 26th, where the sbX service will be
free.
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E. PUBLIC HEARINGS - NONE
F. UNFINISHED BUSINESS - NONE
G. NEW BUSINESS
1. Grand Terrace Business License Processing
Cynthia Fortune, Assistant City Manager gave the Power Point presentation for this
item.
Council Member Hussey asked what the City is doing to ensure that all businesses
renew their business license timely, what is the process to collect those penalty fees for
those who fail to comply and who is responsible for enf orcement.
Sandra Molina, Planning and Development Services Director explained that back in
November 2018, Code Enforcement began approaching those business on the City’s
list that contained businesses that had not renewed their business license. Through t hat
process, staff identified a number of businesses that had renewed and those were
removed from the list. Twenty-four businesses were identified that did not renew
therefore citations were issued through the process.
Director Molina also stated that a number of businesses were identified who were no
longer operating in the City. There are a number of home -based business that the City
reached out to and staff has identified those still doing business and those that are not.
What is left from that exercise are 19 businesses that are still pending conf irmation on
business licenses.
Mayor McNaboe asked if a business owner must include payment for its business
license at the time of application.
Assistant City Manager Fortune stated the applicant must includ e payment at the time
of application.
Mayor McNaboe asked what type of feedback the applicant receives on the process as
the business license is pending.
G. Harold Duffey, City Manager clarified the question, “When can someone actually
start operating a business; when they submit their application or when the business
license is actually issued?”
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Director Molina stated that the Planning and Development Services Department
explains to the walk-in applicant that obtaining a business license is a three -part
process:
· An application is submitted to the City,
· The Planning Department clears the zoning for that particular business at the
location; and
· The application is then sent over to Building and Safety who will schedule an
occupancy inspection.
Once the occupancy inspection is cleared, staff informs the applicant that a business
license has been issued and the applicant can begin operating. It is also the same
process for a home-based business.
Council Member Allen asked how a business can provide i ts gross receipts to the City
when applying for a business license when they have not yet opened.
Assistant City Manager stated that the City asks the applicant to provide projected
receipts.
Council Member Hussey asked if an individual works from home a nd they work for a
company they do not own; do they need a business license.
G. Harold Duffey, City Manager stated no business license is required if you work from
home and you do not own the business. If you work from home and you are required to
file taxes for the business, you are required to obtain a business license and permit.
RECEIVE AND FILE THE GRAND TERRACE BUSINESS LICENSE PROCESSING
REPORT.
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Bill Hussey, Council Member
AYES: McNaboe, Wilson, Robles, Hussey, Allen
2. City of Grand Terrace Special Events List for Calendar Year 2019
G. Harold Duffey, City Manager gave the Power Point presentation for this item.
City Manager Duffey explained that the Parks & Recreation Advisory Committee
Members have been assigned as community liaisons for several events to be held
during 2019.
After reviewing the list of events for the year with Council, City Manager Duffey stated
since the City’s name is attached to all of the programs, he did not want to see any of
the events linger. There will be some additional time required to administratively
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oversee the programs and he would actively be involved, Council may want to consider
now, or in the future, bringing someone on board wi th the same commitment that the
City sees for Light Up Grand Terrace to do some sort of part -time work to coordinate
these activities. The City can certainly coordinate the events with existing staff, however
having a liaison with the community and having that person actively out there, will help
the City carry on participation from event to event. It is something to consider this year
and next year in terms of how much time these events are taking, how does the City
maximize the use of staff time and if a part-time coordinator would benefit the
community.
Council Member Hussey asked if the City could seek out a sponsor to take the City’s
seniors and special needs individuals up to the top of the mountain in an off -road
vehicle to allow them to enjoy the view and the day.
RECEIVE AND FILE.
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Bill Hussey, Council Member
AYES: McNaboe, Wilson, Robles, Hussey, Allen
3. Notice of Completion for the 2018-19 Capital Improvement Program Completed by
Hardy & Harper
Alan French, Public Works Director gave the Power Point presentation for this item.
Mayor Pro Tem Wilson asked about the status regarding the reimbursement of funds for
the rubberized material.
Director French explained that staff is putting together the paperwork closing out the
project, to submit to CalRecycle for reimbursement.
1. DIRECT STAFF TO FILE A NOTICE OF COMPLETION FOR THE WORK
COMPLETED BY HARDY & HARPER FOR THE FISCAL YEAR 2018-19 CAPITAL
IMPROVEMENT PROGRAM (CIP); AND
2. REQUEST ADDITIONAL APPROPRIATION FOR THE FINAL PAYMENTS TO
HARDY & HARPER TOTALING $172,680 FROM THE GAS TAX ($30,000) AND
MEASURE “I” ($142,680) FUNDS.
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Doug Wilson, Mayor Pro Tem
AYES: McNaboe, Wilson, Robles, Hussey, Allen
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H. CITY MANAGER COMMUNICATIONS
G. Harold Duffey, City Manager wanted to clarify City Council requests that will be
placed on the Report Back Log for follow up:
Council Member Allen:
Concerns expressed to him about the landscaping in the southside of Susan Petta Park
where there is a dead tree. Staff will work with the Senior Center and the contractor that
provides that service for a thorough review of the area.
Council Member Hussey:
Referenced the questionnaire regarding public safety services and as Council may
recall, Council did hear that item and Council did not believe that the dollar amounts
were not a good use of money at the time. He has received information that a
community survey could be conducted at a reduced cost and staff is examining that
information to bring back to Council.
The need to have more information provided to the community regarding the design of
the Blue Mountain Trail. Staff is bringing back a consultant’s report on the design.
Continued concerns expressed by the community about the perceived car lot on
Michigan and Barton Road. Staff is working with the property owner regarding the issue.
Mayor Pro Tem Wilson:
Referenced the need for additional transportation dollars. City Manager Duffey pointed
out on Packet Page 45, he identified in the staff report that he would put that item on the
report back log to try and find an avenue to look at overall ways to look at costs
associated with the increased funding.
City Manager Duffey updated the Council on the upcoming 2019 Point -in-Time
Homeless Count. The City will send out those staff members who have been trained by
the County to locate homeless.
I. CLOSED SESSION - NONE
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J. ADJOURN
Mayor McNaboe adjourned the Regular Meeting of the City Council at 7:20 p.m. The
Next Regular City Council Meeting will be held on Tuesday, February 12, 2019 at 6:00
p.m.
_________________________________
Darcy McNaboe, Mayor
_________________________________
Debra L. Thomas, City Clerk
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CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● JANUARY 22, 2019
Council Chamber Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace
ATTACHMENTS TO
January 22, 2019
City Council Minutes
PowerPoint Presentations
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Packet Pg. 16 Communication: Attachment to Minutes - 01/22/2019 (Consent Calendar)
Business License Report
As of December 31, 2018
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Packet Pg. 17 Communication: Attachment to Minutes - 01/22/2019 (Consent Calendar)
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Packet Pg. 18 Communication: Attachment to Minutes - 01/22/2019 (Consent Calendar)
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Packet Pg. 19 Communication: Attachment to Minutes - 01/22/2019 (Consent Calendar)
In
City
Outside
City
Total
355 392 747
In City
355
48%
Outside City
392
52%
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New Renewals Total
38 317 355
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Packet Pg. 21 Communication: Attachment to Minutes - 01/22/2019 (Consent Calendar)
2019 Special Events
Special Event Committee
Representatives:
•Sheriff
•Fire
•Public Works
•Code Enforcement
•Administration
Meet with
Event Organizer
Minimum 45 Days
Before Event
Determine
Resources ‐
Fees/Waivers
Waiver to Council
Fees
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Packet Pg. 22 Communication: Attachment to Minutes - 01/22/2019 (Consent Calendar)
Rabies Vaccination Clinic
Walk on Blue Mountain
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Packet Pg. 23 Communication: Attachment to Minutes - 01/22/2019 (Consent Calendar)
American Red Cross Blood Drive
Community Clean Up Day/Wall Painting
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Packet Pg. 24 Communication: Attachment to Minutes - 01/22/2019 (Consent Calendar)
State of the City
Art Show
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Packet Pg. 25 Communication: Attachment to Minutes - 01/22/2019 (Consent Calendar)
Memorial Day
Bulky Item Pickup
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Packet Pg. 26 Communication: Attachment to Minutes - 01/22/2019 (Consent Calendar)
Summer Recreational Activities
Movies in the Park
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Packet Pg. 27 Communication: Attachment to Minutes - 01/22/2019 (Consent Calendar)
Halloween Trunk or Treat
Country Fair
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Packet Pg. 28 Communication: Attachment to Minutes - 01/22/2019 (Consent Calendar)
Veterans Day
Light Up Grand Terrace
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Packet Pg. 29 Communication: Attachment to Minutes - 01/22/2019 (Consent Calendar)
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Packet Pg. 30 Communication: Attachment to Minutes - 01/22/2019 (Consent Calendar)
Background
Capital Improvement Program (CIP)
• Approved by City Council on November
15, 2016
• Included sidewalk, curb, ADA ramps and
pavement treatments.
• In April 2017 Year 1 Contract awarded
including Slurry Seal of over 80 Streets
• In June 2017 Year 2 was awarded the
contract for $756,000 with a 10%
contingency
• CIP Year 2 included – Slurry Seal of 23
streets and Grind and Overlay of 10
streets
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Discussion
•Construction cost of
project is $822,580.
•Processed 2
progress payments
totaling $649,000.
•After NOC Retention
of $41,130 to be
released
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Conclusion
Questions?
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Packet Pg. 34 Communication: Attachment to Minutes - 01/22/2019 (Consent Calendar)
City Manager’s Update
1/22/2019
2019 Point‐in‐Time Homeless Count
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Packet Pg. 35 Communication: Attachment to Minutes - 01/22/2019 (Consent Calendar)
AGENDA REPORT
MEETING DATE: February 12, 2019 Council Item
TITLE: Planning Commission, Historical & Cultural Activities
Committee, and Parks & Recreation Advisory Committee
Meeting Minutes
PRESENTED BY: Debra Thomas, City Clerk
RECOMMENDATION: Receive and file.
2030 VISION STATEMENT:
This staff report supports Goal #5, Engage in Proactive Communication.
BACKGROUND:
Beginning with the November 14, 2017 City Council meeting, the City Clerk was
directed by the City Manager to provide Council with a copy of the Planning
Commission, Historical & Cultural Activities Committee and Volunteer Emergency
Operations Committee minutes to keep Council up -to-date on those
Commission/Committee activities.
On January 16, 2018, the City Manager requested that the Parks & Recreation Advisory
Committee minutes be included in the Committee/Commission Report once that
advisory body begins its regular meetings. Pursuant to Health and Safety Code Section
34179(j), the Countywide Oversight Board was created and became effective on July 1,
2018 which has replaced the City’s Oversight Board. Therefore, no future Oversight
Board minutes will be included in this report going forward.
DISCUSSION:
On January 17, 2019, the Planning Commission held its Regular Meeting; however, it
did not approve any meeting minutes. The Planning Commission’s next Regular
Meeting is scheduled for February 7, 2019.
On January 7, 2019, the Historical & Cultural Activities Committee held its Regular
Meeting and approved its December 3, 2018 Regular Meeting minutes. The minutes for
this meeting are included as an attachment to this report. The Committee’s next Regular
Meeting is scheduled for February 4, 2019.
On January 10, 2019, the Parks & Recreation Advisory Committee held its Regular
Meeting and approved its November 8, 2018 Regular Meeting minutes. The minutes for
this meeting are included as an attachment to this report. The Committee’s next Regular
Meeting is scheduled for February 14, 2019.
FISCAL IMPACT:
B.4
Packet Pg. 36
None.
ATTACHMENTS:
• 12-03-2018 - H&C Minutes (PDF)
• 11-08-2018 Parks & Recreation Minutes (PDF)
APPROVALS:
Debra Thomas Completed 01/31/2019 2:33 PM
City Attorney Completed 02/05/2019 10:00 AM
Finance Completed 02/05/2019 5:36 PM
City Manager Completed 02/06/2019 3:27 PM
City Council Pending 02/12/2019 6:00 PM
B.4
Packet Pg. 37
B.4.a
Packet Pg. 38 Attachment: 12-03-2018 - H&C Minutes (2612 : Committee and Commission Minutes)
B.4.a
Packet Pg. 39 Attachment: 12-03-2018 - H&C Minutes (2612 : Committee and Commission Minutes)
B.4.a
Packet Pg. 40 Attachment: 12-03-2018 - H&C Minutes (2612 : Committee and Commission Minutes)
CITY OF GRAND TERRACE
PARKS &RECREATION ADVISORY COMMITTEE
REGULAR MEETING
November 8, 2018 -4:00 p.m.
City Hall Community Room—North
22795 Barton Road
MINUTES
CALL MEETING TO ORDER:
Brian Phelps, Chairman called the Parks&Recreation Advisory Committee Regular Meeting to order
at 4:20 p.m.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Committee Member Jeremy Rivera
ROLL CALL:
Present: Committee Members Firnkoess, Rivera; Chairman Phelps
Absent: Committee Member Suarez
1. Approve September 13, 2018 Minutes
Chairman Phelps moved and Committee Member Firnkoess seconded to approve the
September 13, 2018.
AYES: Committee Members Firnkoess,Rivera; Chairman Phelps
ABSENT: Committee Member Suarez
2. Public Comments
None.
3. Staff Presentation
None.
4. New Business
None.
B.4.b
Packet Pg. 41 Attachment: 11-08-2018 Parks & Recreation Minutes (2612 : Committee and Commission Minutes)
Minutes Parks tt Recreation Advisory Committee November 8, 2018
5. RDA Bond Proceeds
G. Harold Duffey, City Manager provided the Committee with an update on the Parks&
Recreation list of projects that were initially going to be funded with RDA Bond Proceeds. City
Manager Duffey explained that the project list had been re-prioritized to additional projects if bond
funding was available,however he stated the Committee will need to look to other sources for
project funding.
6. New Parks
a. Update on Soccer Field Refurbishment—Ribbon Cutting Ceremony
City Manager Duffey provided an update to the Committee on the Soccer Field Refurbishment.
He explained how the partnership with Colton Joint Unified School District(CJUSD) and the
City works, and the requirements placed on CJUSD for basic field maintenance. If the soccer
club wants upgraded maintenance, the City is responsible for coordinating that effort however
the soccer club needs to pay for the additional maintenance.
b. Blue Mountain Nature Trail
City Manager Duffey provided the Committee with a general description of the design plan for
the Blue Mountain Nature Trail and timeline.
7. Recreation and Special Event Activities
a. 40th Anniversary Family Picnic and Car Show-Recap
b. Trunk or Treat—October 31, 2018 @ Richard Rollins Park-Recap
c. Veterans Day Celebration
November 11, 2018 from 11:00 a.m. to 7:00 p.m. at Veteran's Freedom Park. City Manager
Duffey recommended the Committee attend and shared event information such as:
Start Time: 11:00 a.m.
Amputee Basketball: 1:00 p.m.
Inductee Ceremony: 3:00 p.m. —, 5:00 p.m.
Laser Light Show: Sundown
d. Holiday Tree Lighting
November 29, 2018 from 4:00 p.m. to 9:00 p.m. with the Tree Lighting Ceremony scheduled
for 6:30 p.m. at Azure Hills Church located at 22633 Barton Road
B.4.b
Packet Pg. 42 Attachment: 11-08-2018 Parks & Recreation Minutes (2612 : Committee and Commission Minutes)
Minutes Parks Et Recreation Advisory Committee November 8, 2018
e. Recreation Activities
City Manager Duffey suggested that the Committee begin planning for the 2019 Summer
Activities beginning in January 2019.
8. Committee Member Comments
Chairman Phelps asked when the fifth member of the Committee will be appointed. Debra
Thomas, City Clerk explained that the new appointee will go before the next City Council meeting
scheduled November 13, 2018. If the,appointment is made,the new member will attend the next
Committee meeting scheduled December 13, 2018.
Chairman Phelps also suggested that a Vice-Chair be appointed at the December 13, 2018
Committee Meeting.
Committee Member Firnkoess mentioned she would like to see bicycle training activities held as
one of the Summer Activity Events. City Clerk Thomas recommended that all suggestions made
throughout the Committee's tenure be compiled from,previous minutes and provided to City
Manager Duffey to bring back at a future meeting of the Committee for discussion.
9. Staff Comments
None.
10. Adj ournment
Chairman Phelps adjourned the Parks &Recreation Advisory. Committee meeting at 5:08 p.m.
9iA ,
Brian Phelps, C ai an Debra omas, Co ittee Secretary
Next Meeting Date:
December 13, 2018 @ 4:00 p.m.
B.4.b
Packet Pg. 43 Attachment: 11-08-2018 Parks & Recreation Minutes (2612 : Committee and Commission Minutes)
AGENDA REPORT
MEETING DATE: February 12, 2019 Council Item
TITLE: Approval of Check Register No. 01312019 in the Amount of
$855,784.47
PRESENTED BY: Cynthia Fortune, Assistant City Manager
RECOMMENDATION: Approve Check Register No. 01312019 in the amount
$855,784.47 as submitted, which includes the Check
Register Account Index for Fiscal Year 2018-19.
2030 VISION STATEMENT:
This staff report supports Goal #1, “Ensuring Our Fiscal Viability”, through the
continuous monitoring of expenditure budgets, allocations and operational costs.
BACKGROUND:
The check register, for the period ending January 31, 2019, has been prepared in
accordance with Government Code §37202 and is hereby submitted for the City
Council’s approval.
The check register lists all vendor payments for the preceding month, along with a brief
description of the type of goods or services purchased and the account code(s)
associated with each payment. Check Register No. 01312019 lists all payments made
to vendors and employee reimbursements during the month of January.
The attached index to the Check Register is a guideline account list only and is not
intended to replace the comprehensive chart of accounts used by the City and Grand
Terrace Successor Agency. Expenditure account number formats are XX-XXX-XXX
[Fund-Department-Account]. Expenditures may be made from trust/agency accounts
(Fund 23-XXX-) or temporary clearing accounts which do not have a budgetary impact.
A total of $855,784.47 in accounts payable checks or wires were issued during the
period for services, reimbursements, supplies and contracts and are detailed in the
attached check register.
Payments larger than $10,000:
Check
No. Payee Description Amount
75978
STATE WATER
RESOURCES CONTROL
BOARD
WATER BOARD ANNUAL
PERMIT FEES 2018-19 $10,825.00
B.5
Packet Pg. 44
Check
No. Payee Description Amount
75982 ALBERT A WEBB
ASSOCIATES
NOV18 COMMERCE WAY
FINAL DESIGN $10,059.69
76002 SB COUNTY SHERIFF JAN19 LAW ENFORCEMENT
SVCS $161,808.00
76044 SB COUNTY SHERIFF DEC18 LAW ENFORCEMENT
SVCS $161,808.00
76058 WARRREN ANDERSON
FORD INC
FORD F-250 HYBRID
ELECTRIC SVC TRUCK $55,074.73
76059
SAN BERNARDINO
VALLEY MUNICIPAL
WATER DISTRICT
SETTLEMENT AND RELEASE
PAYMENT #8 $242,403.72
76062 BURRTEC WASTE
INDUSTRIES INC
DELINQUENT TRASH
COLLECTIONS $38,371.40
15530627 CALPERS
REPLACEMENT BENEFIT
2019 REPLACEMENT BENEFIT
CONTRIBUTION $23,491.68
TOTAL CHECKS ISSUED OVER $10,000 $703,842.22
Payroll costs for the month ending January-2019
Pay
Per.
Period
Ending Period Pay Date Amount
14 12/28/2018 Period 12/15/2018 – 12/28/2018 1/3/2019 $54,396.09
15 1/11/2019 Period 12/29/2018 – 1/11/2019 1/17/19 $56,530.69
TOTAL PAYROLL FOR JANUARY-2019 $110,926.78
FISCAL IMPACT:
All disbursements (including payroll) were made in accordance with the Approved
Budget for Fiscal Year 2018-19 in the amount of:
Description Amount
Check Register $855,784.47
Payroll $110,926.78
TOTAL $966,711.25
.
ATTACHMENTS:
• A - Check Register Account Index (PDF)
B.5
Packet Pg. 45
• B - Check Register No. 01312019 (PDF)
APPROVALS:
Cynthia A. Fortune Completed 02/05/2019 5:33 PM
Finance Completed 02/05/2019 5:33 PM
City Attorney Completed 02/06/2019 11:12 AM
City Manager Completed 02/06/2019 6:53 PM
City Council Pending 02/12/2019 6:00 PM
B.5
Packet Pg. 46
Fund
No.Fund Name
Dept
No.Department Cost Center
Acct
No.General Account Numbers
09 CHILD CARE FUND 110 CITY COUNCIL 110 SALARIES/WAGES
10 GENERAL FUND 120 CITY MANAGER 115 OVERTIME
11 STREET FUND 125 CITY CLERK 120 COUNCIL STIPENDS
12 STORM DRAIN FUND 140 FINANCE 138 MEDICARE / SUI
13 PARK FUND 160 CITY ATTORNEY 139 EMPLOYEES' BENEFIT PLAN
14 AB 3229 COPS FUND 172 BUILDING & SAFETY 140 RETIREMENT
15 AIR QUALITY IMPROVEMENT FUND 175 PUBLIC WORKS 142 HEALTH/LIFE INSURANCE
16 GAS TAX FUND 180 COMMUNITY EVENTS 143 WORKERS' COMPENSATION
17 TRAFFIC SAFETY FUND 185 RENTAL INSPECTION PROGRAM 210 OFFICE EXPENSE
18 TRANS. DEV. ACT (T D A FUND)187 ENFORCEMENT PROGRAM 218 NON-CAPITAL FURN/SMALL TOOLS
19 FACILITIES DEVELOPMENT FUND 190 GENERAL GOVERNMENT (NON-DEPT)220 SPECIAL DEPARTMENTAL EXP
20 MEASURE I FUND 195 FACILITIES MAINTENANCE 230 ADVERTISING
21 WASTE WATER DISPOSAL FUND 370 COMMUNITY DEV (PLANNING)235 COMMUNICATIONS
22 COMMUNITY DEV. BLOCK GRANT 380 MGT INFORMATION SYSTEMS 238 UTILITIES
25 SPRING MOUNTAIN RANCH FUND 410 LAW ENFORCEMENT 240 RENTS & LEASES
26 LSCPG/ LGHTG ASSESSMENT DIST.411 ASSET FORFEITURES 245 MAINT BLDG GRNDS EQUIPMNT
31 S/A RDA OBLIGATION FUND 430 RECREATION SERVICES 246 MAINT/OPER OF EQUIPMNT
32 S/A CAPITAL PROJECTS FUND 441 CHILD CARE - NUTRITION GRANT 250 PROFESSIONAL SERVICES
33 S/A DEBT SERVICE FUND 445 CHILD CARE - TINY TOTS 251 BANKING SERVICE CHARGES
36 S/A 2011 TABS BOND PROCEEDS 446 CHILD CARE - AFTER SCHOOL 255 CONTRACTUAL SERVICES
37 S/A CRA PROJECTS TRUST 447 CHILD CARE - PRE-SCHOOL 260 INSURANCE & SURETY BONDS
46 CIP - STREET IMPROVEMENT PROJECTS 450 PARKS MAINTENANCE 265 MEMBERSHIPS & DUES
47 CIP - BARTON RD. BRIDGE PROJECT 510 STREET & SIGNAL LIGHTING 268 TRAINING
48 CIP - CAPITAL PROJECTS FUND 600 WEST SIDE PARK 270 TRAVEL/CONFERENCES/MTGS
52 HOUSING AUTHORITY 601 TRACT 14471 PICO & ORIOLE 271 MILEAGE
61 COMMUNITY BENEFITS FUND 602 FORREST CITY PHASE II 272 FUEL & VEHICLE MAINTENANCE
64 PUBLIC SAFETY FUND 625 NPDES 273 VEHICLE ALLOWANCE
65 SENIOR BUS PROGRAM FUND 631 STORM DRAIN MAINTENANCE 300 DEBT SERVICE
66 CAL RECYCLE GRANT 801 PLANNING COMMISSION 570 WASTEWATER TREATMENT
70 FIXED ASSED/EQUIP REPL FUND 804 HISTORICAL & CULTURAL COMM.700 COMPUTER-RELATED
805 SENIOR CITIZENS PROGRAM 701 VEHICLES & EQUIPMENT
808 EMERGENCY OPERATIONS PROG.
999 TRANSFERS
City of Grand Terrace Check Register Index
B.5.a
Packet Pg. 47 Attachment: A - Check Register Account Index (2615 : Approval of Check Register No. 01312019)
Invoice #
Check Register for: January 1, 2019 - January 31, 2019
E 10-110-142-000-000 232.77
232.77
E 10-195-247-000-000 196.22
196.22
196.22
75974 01/04/2019 SYLVIA ROBLES JAN 2019 SR 1 JAN19 HEALTH INSURANCE REIMB - ROBLES 12/28/2018
E 10-125-250-000-000 1,805.00
1,805.00
1,805.00
75973 01/04/2019 PROTECTION ONE JAN19-MAR19 31891344JAN19-MAR19 MAINT BLDG ALARM MONITORING SRVS12/05/2018
E 10-110-142-000-000 513.54
513.54
513.54
75972 01/04/2019 ON SITE COMPUTING 53003051 LASERFICHE PROJECT FOR CITY WEBSITE 11/12/2018
E 73-370-250-000-000 4,195.00
4,195.00
4,195.00
75971 01/04/2019 DARCY MCNABOE JAN 2019 DM JAN 2019 HEALTH INSURANCE REIMB - MCNABOE01/01/2019
E 46-900-326-020-000 2,610.00
2,610.00
2,610.00
75970 01/04/2019 KTUA 30715 NOV18 GRAND TERRACE ACTIVE TRANSPORTATION PLAN12/11/2018
75.00
75.00
75969 01/04/2019 INTERWEST CONSULTING GROUP 45688 NOV18 COMMERCE WAY PROJECT MGMT 12/11/2018
E 10-175-246-000-000 25.00
E 10-195-247-000-000 25.00
E 10-450-246-000-000 25.00
E 10-195-257-000-000 5,337.50
5,337.50
5,337.50
75968 01/04/2019 HIGH TECH SECURITY SYSTEMS 129002 JAN19 FIRE ALARM MONITORING & MAINTENANCE12/01/2018
Inv. Date Amount Paid Check Total
75967 01/04/2019 ACCO ENGINEERED SYSTEMS 15173 HVAC MAINT & REPAIR SVCS 09/01/2018
Check #Date Vendor Invoice Description
CITY OF GRAND TERRACE
B.5.b
Packet Pg. 48 Attachment: B - Check Register No. 01312019 (2615 : Approval of Check Register No. 01312019)
Invoice #
Check Register for: January 1, 2019 - January 31, 2019
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
CITY OF GRAND TERRACE
E 10-195-245-000-000 89.00
E 10-805-245-000-000 63.00
152.00
152.00
E 10-195-245-000-000 112.94
112.94
112.94
75980 01/04/2019 WESTERN EXTERMINATORS CO 6563343 NOV18 PEST CONTROL SERVICES FY2018-19 11/30/2018
E 21-625-220-000-000 2,286.00
2,286.00
10,825.00
75979 01/04/2019 COUNTY OF RIVERSIDE TLMA ADMINSTRATIONTL0000014435 TRAFFIC SIGNAL LIGHTS MAINT ON MAIN AND MICHIGAN12/13/2018
E 10-625-220-000-000 8,539.00
8,539.00
WD-0138945 WATER BOARD ANNUAL PERMIT FEES 2018-19 11/27/2018
E 62-120-220-000-000 55.22
55.22
448.26
75978 01/04/2019 SWRCB FEES SW-0159605 WATER BOARD ANNUAL PERMIT FEES 2018-19 12/12/2018
E 62-120-220-000-000 393.04
393.04
84896272-0001 PORTABLE LIGHT CART RENTAL 11/30/2018
E 16-510-255-000-000 438.55
438.55
438.55
75977 01/04/2019 SUNBELT RENTALS INC 84888315-0002 VERTICAL MAST LIGHT TOWER RENTAL 11/30/2018
E 10-370-210-000-000 4.00
4.00
4.00
75976 01/04/2019 ST FRANCIS ELECTRIC 17103336 NOV18 SIGNAL LIGHT MAINT ROUTINE BILLING 11/30/2018
E 10-110-142-000-000 4.50
4.50
237.27
75975 01/04/2019 SB COUNTY ASSESSOR 108373 DEC18 ASSESSOR PARCEL MAP REVISIONS 12/05/2018
JAN-MAR-2019-SR 2JAN19-MAR19 HEALTH REIMBURSEMENT - ROBLES 212/20/2018
B.5.b
Packet Pg. 49 Attachment: B - Check Register No. 01312019 (2615 : Approval of Check Register No. 01312019)
Invoice #
Check Register for: January 1, 2019 - January 31, 2019
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
CITY OF GRAND TERRACE
E 26-601-255-000-000 80.00
4,465.00
4,465.00
E 10-195-245-000-000 200.00
E 10-450-255-000-000 4,035.00
E 26-600-255-000-000 150.00
E 16-900-254-000-000 4,333.34
4,333.34
4,333.34
75987 01/11/2019 EZ SUNNYDAY LANDSCAPE 16748 DEC18 PARKS AND PARKWAYS MAINT FY2018-1912/14/2018
E 10-195-245-000-000 144.00
144.00
144.00
75986 01/11/2019 CLEAN STREET 92273 NOV18 STREET SWEEPING SERVICES 11/30/2018
E 10-190-235-000-000 1,323.54
1,323.54
1,323.54
75985 01/11/2019 CHAMPION FIRE SYSTEMS INC 49413 DEC18-MAR19 MONITORING SVCS SMOKE DETECTOR - CITY HALL12/26/2018
E 10-450-245-000-000 363.76
363.76
363.76
75984 01/11/2019 CENTURYLINK 76190277 DEC18 PHONE & INTERNET SVCS 12/17/2018
E 46-900-326-030-000 10,059.69
10,059.69
10,059.69
75983 01/11/2019 BELSON OUTDOORS LLC 171038 DOG WASTE DISPOSAL BAGS FOR DOG PARK 12/17/2018
E 10-172-250-100-000 1,615.00
1,615.00
1,615.00
75982 01/11/2019 ALBERT A WEBB ASSOCIATES 185657 NOV18 COMMERCE WAY FINAL DESIGN 11/24/2018
75981 01/04/2019 WILLDAN 002-20202 NOV18 PLAN CHECK AND REVIEW SVCS 11/28/2018
B.5.b
Packet Pg. 50 Attachment: B - Check Register No. 01312019 (2615 : Approval of Check Register No. 01312019)
Invoice #
Check Register for: January 1, 2019 - January 31, 2019
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
CITY OF GRAND TERRACE
E 10-110-142-000-000 240.26
240.26
240.26
E 46-400-276-000-000 150.00
150.00
150.00
75994 01/11/2019 WILLIAM HUSSEY JAN-2019-BH JAN19 HEALTH INS REIMB - HUSSEY 01/02/2019
75.00
75.00
75993 01/11/2019 HR GREEN PACIFIC INC 122355 GRIND AND OVERLAY INSPECTION 11/05/2018
E 10-175-246-000-000 25.00
E 10-195-247-000-000 25.00
E 10-450-246-000-000 25.00
75992 01/11/2019 HIGH TECH SECURITY SYSTEMS 129281 FEB19 FIRE ALARM MONITORING & MAINTENANCE01/01/2019
R 10-410-06 27.60
B 23-200-23-00 1.00
28.60
28.60
E 10-450-245-000-000 400.00
400.00
800.00
75991 01/11/2019 HABITAT FOR HUMANITY 01082019 HFH REFUNDABLE DEPOSIT - B00-002-862/12569 MICHIGAN ST01/08/2019
E 10-450-245-000-000 400.00
400.00
330337 JAN19 GOPHER REMOVAL SVCS PICO PARK 01/04/2019
E 10-450-245-000-000 71.88
71.88
71.88
75990 01/11/2019 GOPHER PATROL 320657 NOV18 GOPHER REMOVAL SVCS PICO PARK 11/14/2018
E 10-120-210-000-000 118.08
118.08
118.08
75989 01/11/2019 FRUIT GROWERS SUPPLY 92019707 BUILDING AND MAINT. SUPPLIES FY 2018-19 12/31/2018
75988 01/11/2019 FEDEX 6-399-82663 VETERANS DAY SPONSORSHIP BANNERS SHIPPING12/14/2018
B.5.b
Packet Pg. 51 Attachment: B - Check Register No. 01312019 (2615 : Approval of Check Register No. 01312019)
Invoice #
Check Register for: January 1, 2019 - January 31, 2019
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
CITY OF GRAND TERRACE
E 10-140-241-000-000 268.00
268.00
268.00
E 52-700-238-002-000 13.18
13.18
13.18
76001 01/11/2019 ROADRUNNER SELF STORAGE INC 23918 NOV18 STORAGE RENTAL FY2018-19 11/16/2018
E 10-195-247-000-000 147.36
147.36
302.55
76000 01/11/2019 RIVERSIDE HIGHLAND WATER CO OCT-NOV 2018 RHWC 2OCT18-NOV18 WATER USE 2 12/13/2018
E 10-195-247-000-000 155.19
155.19
JAN-MAR 2588440 JAN19-MAR19 ALARM MONITORING SVCS 12/13/2018
E 10-175-210-000-000 88.39
88.39
88.39
75999 01/11/2019 PROTECTION ONE JAN-MAR 3020955 JAN19-MAR19 ALARM MONITORING- ANNEX BLDG12/13/2018
75998 01/11/2019 OFFICE DEPOT 244939504001 OFFICE SUPPLIES - PUBLIC WORKS 12/11/2018
E 10-195-245-000-000 555.00
E 10-450-245-000-000 1,110.00
1,665.00
1,665.00
E 61-461-100-000-000 2,000.00
2,000.00
2,000.00
75997 01/11/2019 MORAN JANITORIAL SERVICES LLC 1543 DEC18 JANITORIAL SERVICES 12/28/2018
E 10-370-250-000-000 3,500.00
3,500.00
3,500.00
75996 01/11/2019 LEGACY REGIMENT BOOSTER 11282018 LRB COMMUNITY BENEFITS FUND AWARD FY2018-19 11/28/2018
75995 01/11/2019 KILEY COMPANY 18-6180 APPRAISAL SVCS FOR BLUE MTN TRAIL 10/19/2018
B.5.b
Packet Pg. 52 Attachment: B - Check Register No. 01312019 (2615 : Approval of Check Register No. 01312019)
Invoice #
Check Register for: January 1, 2019 - January 31, 2019
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
CITY OF GRAND TERRACE
18-5688
E 10-805-238-000-000 272.67
272.67
272.67
1,046.35
3,517.60
76007 01/11/2019 TIME WARNER CABLE 0007245122818 SR CTR CABLE INTERNET BLDG3 - 1/7-2/6 12/28/2018
E 10-370-250-115-000 2,471.25
2,471.25
JUL18, NOV18 ENVIRONMENTAL IMPACT REPORT AND MASTER PLAN12/19/2018
E 10-370-250-115-000 1,046.35
E 10-190-238-000-000 73.00
73.00
73.00
76006 01/11/2019 T AND B PLANNING INC 18-5606 SEP18 ENVIRONMENTAL IMPACT REPORT AND MASTER PLAN10/22/2018
76005 01/11/2019 SPARKLETTS 16179154122218 DEC 2018 WATER FILTRATION SYSTEM RENTAL 12/22/2018
E 10-450-238-000-000 1,370.32
E 16-510-238-000-000 443.84
4,978.27
4,978.27
E 10-172-238-000-000 53.48
E 10-175-238-000-000 53.49
E 10-190-238-000-000 3,057.14
E 10-187-258-000-000 4,384.70
4,384.70
4,384.70
76004 01/11/2019 SO CA EDISON COMPANY DEC 2018 EDISON DEC 2018 ENERGY USAGE 12/28/2018
76003 01/11/2019 SB FIRE DEPT HAZ MATERIAL GT219CC OCT18-DEC18 HOUSEHOLD HAZARDOUS WASTE SVCS11/24/2018
E 10-410-255-000-000 5,636.40
E 10-410-256-000-000 156,171.60
161,808.00
161,808.00
76002 01/11/2019 SB COUNTY SHERIFF 18071 JAN19 LAW ENFORCEMENT CONTRACTUAL SERVICES FY2018-1912/21/2018
B.5.b
Packet Pg. 53 Attachment: B - Check Register No. 01312019 (2615 : Approval of Check Register No. 01312019)
Invoice #
Check Register for: January 1, 2019 - January 31, 2019
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
CITY OF GRAND TERRACE
E 10-172-250-100-000 756.00
756.00
76013 01/11/2019 WILLDAN 00414948 BUILDING GRADING SVCS INDIAN HEALTH CONST MGMT11/19/2018
E 10-195-245-000-000 89.00
E 10-805-245-000-000 63.00
152.00
152.00
76012 01/11/2019 WESTERN EXTERMINATORS CO 6482156 OCT18 PEST CONTROL SERVICES FY2018-19 10/31/2018
E 10-185-235-000-000 246.44
E 16-510-236-000-000 378.46
1,089.60
2,180.82
1,091.22
9819361730 VERIZON CELL PHONE/MODEM SVCS 11/02-12/0112/01/2018
E 10-175-240-000-000 464.70
E 10-175-240-000-000 466.34
E 10-185-235-000-000 246.44
E 16-510-236-000-000 378.44
E 10-140-250-000-000 3,150.00
3,150.00
3,150.00
76011 01/11/2019 VERIZON WIRELESS 9817460557 VERIZON CELL PHONE/MODEM SVCS 10/2 - 11/0111/01/2018
E 68-120-220-000-000 231.66
231.66
484.87
76010 01/11/2019 VAVRINEK TRINE DAY AND CO LLP VT18208 NOV18 FEE AND COST STUDY 11/30/2018
E 68-120-220-000-000 253.21
253.21
3816 SPONSORSHIP BANNERS FOR LIGHT UP GT EVENT11/28/2018
E 16-900-220-000-000 72.70
72.70
72.70
76009 01/11/2019 UPDOG 3817 STEP AND REPEAT BANNERS FOR LIGHT UP GT EVENT11/29/2018
76008 01/11/2019 UNDERGROUND SERVICE ALERT 1220180295 JAN19 UNDERGROUND DIGGING FY2018-19 01/01/2019
B.5.b
Packet Pg. 54 Attachment: B - Check Register No. 01312019 (2615 : Approval of Check Register No. 01312019)
Invoice #
Check Register for: January 1, 2019 - January 31, 2019
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
CITY OF GRAND TERRACE
B 23-250-10-00 291.66
291.66
291.66
E 46-900-326-030-000 6,069.24
6,069.24
6,069.24
76017 01/18/2019 AMERICAN FIDELITY ASSURANCE CO 2028508 JAN19 EMP PAID FLEX SPEND/DEP CARE 01/07/2019
E 10-805-245-000-000 160.83
160.83
160.83
76016 01/18/2019 ALBERT A WEBB ASSOCIATES 185924 DEC18 COMMERCE WAY FINAL DESIGN 12/29/2018
E 10-110-210-000-000 64.65
64.65
64.65
76015 01/18/2019 ADT SECURITY SERVICES 683216655 3RD QTR SENIOR CENTER SECURITY MONITORING (1/14/19 - 4/13/19)12/27/2018
E 10-172-250-100-000 130.00
130.00
2,869.00
76014 01/18/2019 ACCENT GRAPHICS AND DESIGN 19-1213 BUSINESS CARDS FOR D.MCNABOE AND D.WILSON01/07/2019
E 10-172-250-100-000 252.00
252.00
002-19905 FINAL/REVIEW SIGNATURE FOR GR0-00-035 10/04/2018
E 10-172-250-000-000 252.00
252.00
00415005 BUILDING GRADING SVCS SB COUNTY INDIAN HEALTH12/21/2018
E 10-185-250-000-000 390.00
390.00
00415004 BUILDING GRADING SVCS INDIAN HEALTH CONST MGMT12/21/2018
E 10-172-250-100-000 504.00
504.00
00220275 SEP18-OCT18 CODE ENFORCEMENT OFFICER FY2018-1912/24/2018
E 10-172-250-100-000 585.00
585.00
00415006 BUILDING GRADING SVCS 23115 PALM AVE 12/21/2018
002-20203 LANDSCAPE PLAN REVIEWS 11/28/2018
B.5.b
Packet Pg. 55 Attachment: B - Check Register No. 01312019 (2615 : Approval of Check Register No. 01312019)
Invoice #
Check Register for: January 1, 2019 - January 31, 2019
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
CITY OF GRAND TERRACE
E 10-125-230-000-000 75.63
75.63
75.63
E 10-125-265-000-000 130.00
130.00
130.00
76024 01/18/2019 CITY NEWSPAPER GROUP 29776 RFP STREET SWEEPING SVCS 01/15/2019
76023 01/18/2019 CITY CLERKS ASSOC CALIFORNIA 363 2019 ANNUAL MEMBERSHIP RENEWAL 12/22/2018
R 10-700-01 -27.17
B 23-200-21-00 543.44
516.27
516.27
E 10-380-250-000-000 440.00
440.00
440.00
76022 01/18/2019 CA STATE DEPT OF CONSERVATION CONSV-JUL-SEP 20182018-19 SMIP 1ST QUARTER 01/14/2019
E 10-190-250-000-000 2,800.00
2,800.00
2,800.00
76021 01/18/2019 MARK BRITAIN 2542 DEC18 VIDEOGRAPHER SVCS FOR COUNCIL & PLANNING MTGS12/26/2018
E 10-808-235-000-000 224.34
1,222.47
1,222.47
76020 01/18/2019 BARTEL ASSOCIATES LLC 18-1137 OPEB ACTUARIAL VALUATION SVCS 12/10/2018
E 10-190-235-000-000 538.86
E 10-450-235-000-000 160.29
E 10-805-235-000-000 298.98
E 10-185-255-000-000 300.00
300.00
300.00
76019 01/18/2019 AT AND T DEC 2018 AT&T DEC18 AT&T PHONE & INTERNET SVCS 01/01/2019
76018 01/18/2019 ANIMAL EMERGENCY CLINIC GT1218 DEC18 AFTER HOURS VET SVCS 01/08/2019
B.5.b
Packet Pg. 56 Attachment: B - Check Register No. 01312019 (2615 : Approval of Check Register No. 01312019)
Invoice #
Check Register for: January 1, 2019 - January 31, 2019
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
CITY OF GRAND TERRACE
E 10-140-250-000-000 1,000.00
E 52-400-250-000-000 550.00
1,550.00
1,550.00
E 10-110-142-000-000 304.11
304.11
1,025.31
76030 01/18/2019 LANCE SOLL AND LUNGHARD LLP 29613 AUDIT SVCS HOUSING SUCCESSOR & GASB 75 IMPLEMENTATION12/31/2018
E 10-110-142-000-000 721.20
721.20
2018LIFE INS REIM HH2018 LIFE INSURANCE REIMBURSEMENT 12/28/2018
E 10-450-245-000-000 88.50
88.50
88.50
76029 01/18/2019 HERMAN HILKEY JUL-DEC2018 REIMB HHJUL-DEC 2018 LIFE INSURANCE REIMBURSEMENT12/28/2018
B 10-022-71-00 117.33
117.33
117.33
76028 01/18/2019 GOPHER PATROL 330645 JAN19 GOPHER REMOVAL SVCS R.ROLLINS PARK01/09/2019
B 10-022-70-00 874.85
874.85
874.85
76027 01/18/2019 EYEMED FIDELITY SECURITY LIFE 163738781 JAN 2019 EMPLOYEE PAID VISION INSURANCE 12/21/2018
E 10-185-255-000-000 1,630.74
1,630.74
1,630.74
76026 01/18/2019 DENTAL HEALTH SERVICES 1286304 JAN19 EMPLOYEE PAID DENTAL INSURANCE 12/16/2018
76025 01/18/2019 COUNTY OF RIVERSIDE AN0000001514 DEC18 SHELTERING SVCS FOR ANML CTRL 01/08/2019
B.5.b
Packet Pg. 57 Attachment: B - Check Register No. 01312019 (2615 : Approval of Check Register No. 01312019)
Invoice #
Check Register for: January 1, 2019 - January 31, 2019
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
CITY OF GRAND TERRACE
E 16-510-238-000-000 91.83
91.83
91.83
R 68-700-31 12.89
616.82
616.82
76033 01/18/2019 SO CA EDISON COMPANY DEC 2018 EDISON 2DEC 2018 ENERGY USAGE 2 01/04/2019
E 10-808-235-000-000 25.97
E 62-120-220-000-000 29.96
E 68-120-220-000-000 128.00
E 10-190-255-000-000 50.00
R 10-200-05 320.00
E 10-370-210-000-000 50.00
E 74-175-142-000-000 4.46
984.14
984.14
76032 01/18/2019 PETTY CASH 6042-6055 REPLENISH PETTY CASH 01/18/2019
E 52-400-142-000-000 2.10
E 65-425-142-000-000 3.80
E 73-370-142-000-000 1.05
E 16-175-142-000-000 28.27
E 19-200-142-000-000 1.23
E 32-200-142-000-000 1.60
E 11-200-142-000-000 5.67
E 12-200-142-000-000 2.47
E 13-200-142-000-000 2.83
E 10-185-142-000-000 21.12
E 10-370-142-000-000 21.03
E 10-450-142-000-000 10.77
E 10-140-142-000-000 8.82
E 10-172-142-000-000 6.08
E 10-175-142-000-000 11.67
B 10-022-66-00 769.59
E 10-120-142-000-000 61.60
E 10-125-142-000-000 19.98
76031 01/18/2019 LINCOLN NATIONAL LIFE INSURANC LCLN JAN 2019 JAN19 LIFE/AD&D/DEP LIFE/WI/LTD 12/10/2018
B.5.b
Packet Pg. 58 Attachment: B - Check Register No. 01312019 (2615 : Approval of Check Register No. 01312019)
Invoice #
Check Register for: January 1, 2019 - January 31, 2019
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
CITY OF GRAND TERRACE
1,090.86
E 10-175-240-000-000 465.48
E 10-185-235-000-000 246.62
E 16-510-236-000-000 378.76
E 16-900-229-000-000 140.19
140.19
505.38
76040 01/18/2019 VERIZON WIRELESS 9821294902 VERIZON CELL PHONE/MODEM SVCS 12/02-1/01 01/01/2019
E 16-900-229-000-000 365.19
365.19
463373 TRAFFIC SUPPLIES & STREET SIGNS FY2018-19 11/01/2018
E 10-195-245-000-000 811.87
811.87
811.87
76039 01/18/2019 TRAFFIC MANAGEMENT INC 468866 TRAFFIC SUPPLIES - CONES 11/28/2018
E 10-190-238-000-000 82.23
82.23
82.23
76038 01/18/2019 COUNTY OF RIVERSIDE TLMA ADMINSTRATIONTL0000014488 DEC18 TRAFFIC SIGNAL LIGHTS MAINT ON MAIN AND MICHIGAN01/11/2019
E 16-510-255-000-000 438.55
438.55
438.55
76037 01/18/2019 TIME WARNER CABLE 0197046010619 CITY HALL CABLE - CITY HALL - 1/16-2/15 01/06/2019
76036 01/18/2019 ST FRANCIS ELECTRIC 17103338 DEC18 SIGNAL LIGHT MAINT ROUTINE BILLING 12/31/2018
E 10-190-238-000-000 82.15
E 10-805-238-000-000 72.14
154.29
154.29
E 10-125-210-000-000 9.70
9.70
9.70
76035 01/18/2019 SPARKLETTS 9637116010119 DEC18 BOTTLED WATER 01/01/2019
76034 01/18/2019 SO CAL LOCKSMITH 42548 SET OF KEYS FOR CITY CLERK & COUNCIL MEMBER01/04/2019
B.5.b
Packet Pg. 59 Attachment: B - Check Register No. 01312019 (2615 : Approval of Check Register No. 01312019)
Invoice #
Check Register for: January 1, 2019 - January 31, 2019
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
CITY OF GRAND TERRACE
E 10-140-268-000-000 129.00
129.00
129.00
E 10-140-250-000-000 1,720.00
1,720.00
1,720.00
76046 01/25/2019 AGA - INLAND EMPIRE 01252019 AGA SEMINAR - FRAUD AND GASB UPDATES 01/25/2019
76045 01/28/2019 WILLDAN FINANCIAL SERVICES 010-40223 DEC18 FINANCIAL ANALYST SERVICES 01/04/2019
E 10-410-255-000-000 5,636.40
E 10-410-256-000-000 156,171.60
161,808.00
161,808.00
76044 01/28/2019 SB COUNTY SHERIFF 17997 DEC18 LAW ENFORCEMENT CONTRACTUAL SERVICES FY2018-1911/28/2018
R 10-700-01 -0.42
B 23-200-21-00 8.39
7.97
7.97
E 10-190-212-000-000 322.19
322.19
1,002.89
76043 01/28/2019 CA STATE DEPT OF CONSERVATION CONSV-OCT-DEC 20182018-19 SMIP 2ND QUARTER 01/21/2019
E 10-190-212-000-000 680.70
680.70
095638968 DEC18 5955 COPIER LEASE AND IMPRINTS FY2018-1901/01/2019
76042 01/18/2019 XEROX CORPORATION 095638969 DEC18 W7970 COPIER LEASE AND IMPRINTS FY2018-1901/01/2019
E 10-195-245-000-000 89.00
E 10-805-245-000-000 63.00
152.00
152.00
190.05
1,280.91
76041 01/18/2019 WESTERN EXTERMINATORS CO 6655564 DEC18 PEST CONTROL SERVICES FY2018-19 12/31/2018
9820981027 ALPR CARD LINE CHARGES 11/24-12/23 12/23/2018
E 10-190-235-000-000 190.05
B.5.b
Packet Pg. 60 Attachment: B - Check Register No. 01312019 (2615 : Approval of Check Register No. 01312019)
Invoice #
Check Register for: January 1, 2019 - January 31, 2019
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
CITY OF GRAND TERRACE
E 10-175-250-000-000 2,632.00
2,632.00
2,632.00
E 10-190-238-000-000 570.84
570.84
570.84
76052 01/25/2019 EVAN BROOKS ASSOCIATES 19001-10 OCT-DEC18 MT VERNON SAFETY IMPROVEMENT PROJECT01/15/2019
E 10-195-245-000-000 1,560.07
1,560.07
1,560.07
76051 01/25/2019 COLTON PUBLIC UTILITIES SEP18-NOV18 SEWERSEP18-NOV18 SEWER BILLING 01/08/2019
E 10-140-250-000-000 648.34
648.34
648.34
76050 01/25/2019 BARR DOOR INC 30241 REPAIR DOORS FOR CITY HALL SOUTH AND NORTH ENTRANCES12/12/2018
2,373.81
2,373.81
76049 01/25/2019 AVENU MUNISERVICES INV06-004850 DEC18 BUSINESS LICENSE SERVICES 12/31/2018
E 10-450-245-000-000 PARK SUPPLIES 261.82
E 10-805-245-000-000 SENIOR CTR SUPPLIES 207.00
E 65-425-220-000-000 SR BUS MNTHLY PHONE 15.09
E 10-175-272-000-000 VEHICLE SEAT COVERS AND MATS 409.87
E 10-195-245-000-000 CITY HALL SUPPLIES 361.01
E 10-370-265-000-000 LAND USE CONF 315.00
E 10-125-210-000-000 MATERIALS AND SUPPLIES 18.98
E 10-140-270-000-000 CSMFO CONFERENCE 225.00
E 10-172-210-000-000 OFFICE SUPPLIES 14.99
E 10-120-210-000-000 OFFICE SUPPLIES 182.19
E 10-120-220-000-000 GT POST CARDS & MATERIALS 197.86
E 10-120-270-000-000 SCAG SUMMIT REGISTRATION 165.00
270.90
270.90
76048 01/25/2019 ARROWHEAD CREDIT UNION DEC 2018 VISA DEC 2018 VISA CHARGES 01/02/2019
E 10-175-140-000-000 -87.76
E 10-185-140-000-000 33.40
B 23-250-20-00 325.26
76047 01/25/2019 AMERICAN FIDELITY ASSURANCE CO B843810 JAN19 EMP PAID ACCIDENT/SUPP 12/21/2018
B.5.b
Packet Pg. 61 Attachment: B - Check Register No. 01312019 (2615 : Approval of Check Register No. 01312019)
Invoice #
Check Register for: January 1, 2019 - January 31, 2019
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
CITY OF GRAND TERRACE
E 10-380-250-000-000 4,370.00
4,370.00
4,370.00
E 10-801-140-000-000 3.25
287.06
287.06
76056 01/25/2019 ON SITE COMPUTING 53006138 FEB19 IT SERVICES FY2018-19 01/01/2019
B 10-022-68-00 237.30
E 10-110-140-000-000 15.50
E 10-140-140-000-000 31.01
E 10-175-220-000-000 77.50
77.50
5,270.00
76055 01/25/2019 MIDAMERICA ADMIN & RETIREMENT PAYDATE 12202018 ARSPAYDATE 12202018 ARS RETIREMENT 12/20/2018
E 46-900-326-020-000 145.00
145.00
42851 JUL18 ON-CALL CONST MGMT SVCS 08/15/2018
E 46-900-325-010-000 1,152.50
1,152.50
46265 DEC18 COMMERCE WAY PROJECT MGMT 01/08/2019
E 46-900-325-010-000 3,895.00
3,895.00
46752 DEC18 COMMERCE WAY REAL ESTATE 01/17/2019
E 26-601-255-000-000 80.00
3,645.00
3,645.00
76054 01/25/2019 INTERWEST CONSULTING GROUP 45617 NOV18 COMMERCE WAY REAL ESTATE 12/11/2018
E 10-195-245-000-000 200.00
E 10-450-255-000-000 3,215.00
E 26-600-255-000-000 150.00
76053 01/25/2019 EZ SUNNYDAY LANDSCAPE 17018 JAN19 PARKS AND PARKWAYS MAINT FY2018-19 01/17/2019
B.5.b
Packet Pg. 62 Attachment: B - Check Register No. 01312019 (2615 : Approval of Check Register No. 01312019)
Invoice #
Check Register for: January 1, 2019 - January 31, 2019
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
CITY OF GRAND TERRACE
B 23-302-90-00 38,371.40
38,371.40
38,371.40
E 10-190-250-000-000 1,400.00
1,400.00
1,400.00
76062 01/31/2019 BURRTEC WASTE INDUSTRIES INC 01302019 TRASH DELINQUENT TRASH COLLECTIONS 01/31/2019
76061 01/31/2019 BARTEL ASSOCIATES LLC 19-023 DEC18 OPEB ACTUARIAL VALUATION SVCS 01/22/2019
B 23-505-01-00 2,200.00
B 23-505-02-00 1,700.00
3,900.00
3,900.00
76060 01/31/2019 AEGIS BUILDERS INC 01282019 AB REFUND DEPOSIT 22404 & 22394 VAN BUREN ST 01/28/2019
E 33-300-209-030-000 12,867.72
E 33-300-209-031-000 229,536.00
242,403.72
242,403.72
E 15-500-705-000-000 55,074.73
55,074.73
55,074.73
76059 01/28/2019 SAN BERNARDINO VALLEY 01282019 SETTLEMENT AND RELEASE-PAYMENT #8 01/28/2019
E 10-805-238-000-000 287.96
1,476.65
1,476.65
76058 01/25/2019 WARREN ANDERSON FORD INC 90455 FORD F-250 HYBRID ELECTRIC SVC TRUCK 01/17/2019
E 10-175-272-000-000 7.80
E 10-185-272-000-000 5.20
E 10-190-238-000-000 1,175.69
76057 01/25/2019 SO CA GAS COMPANY DEC18-JAN19 GASDEC18-JAN19 NATURAL GAS USAGE 01/07/2019
B.5.b
Packet Pg. 63 Attachment: B - Check Register No. 01312019 (2615 : Approval of Check Register No. 01312019)
Invoice #
Check Register for: January 1, 2019 - January 31, 2019
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
CITY OF GRAND TERRACE
E 10-140-241-000-000 268.00
268.00
268.00
E 10-140-255-000-000 582.00
582.00
582.00
76068 01/31/2019 ROADRUNNER SELF STORAGE INC 24139 JAN19 STORAGE RENTAL FY2018-19 01/16/2019
118.34
118.34
76067 01/31/2019 PAY PLUS SOLUTIONS INC 19068 JAN-JUN19 CALPERS REPORTING E-TOOLS 01/11/2019
B 10-022-68-00 97.82
E 10-110-140-000-000 15.50
E 10-140-140-000-000 5.02
E 76-120-250-000-000 1,003.60
1,003.60
8,100.03
76066 01/31/2019 MIDAMERICA ADMIN & RETIREMENT PAYDATE 01032019 ARSPAYDATE 01032019 ARS RETIREMENT 01/03/2019
E 76-120-250-000-000 1,141.40
1,141.40
1610.8011 EFID IMPLEMENTATION SUPPORT SVCS 09/30/2018
E 76-120-250-000-000 5,955.03
5,955.03
1610.8012 EFID IMPLEMENTATION SUPPORT SVCS 10/31/2018
E 10-140-250-000-000 2,025.00
2,025.00
2,025.00
76065 01/31/2019 KOSMONT AND ASSOCIATES INC 1610.8013 EFID IMPLEMENTATION SUPPORT SVCS 11/30/2018
B 23-200-86-00 29.20
29.20
67.60
76064 01/31/2019 HDL COREN CONE 0026356-IN JAN10-MAR19 CONTRACT SERVICES PROPERTY TAX01/25/2019
B 23-200-86-00 38.40
38.40
2018 3RD QTR SB11862018 3RD QTR SB1186 COLLECTIONS 01/31/2019
76063 01/31/2019 DIVISION OFTHE STATE ARCHITECT 2018 4TH QTR SB11862018 4TH QTR SB1186 COLLECTIONS 01/31/2019
B.5.b
Packet Pg. 64 Attachment: B - Check Register No. 01312019 (2615 : Approval of Check Register No. 01312019)
Invoice #
Check Register for: January 1, 2019 - January 31, 2019
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
CITY OF GRAND TERRACE
B 10-022-63-00 2,146.87
2,146.87
2,146.87
B 10-022-63-00 2,146.87
2,146.87
2,146.87
15555596 01/15/2019 CALPERS 457 PLAN PAYDATE 12202018 457PAYDATE 12202018 457 PLAN CONTRIBUTIONS 12/20/2018
E 10-190-140-000-000 23,491.68
23,491.68
23,491.68
15555590 01/15/2019 CALPERS 457 PLAN PAYDATE 12062018 457PAYDATE 12062018 457 PLAN CONTRIBUTIONS 12/06/2018
B 10-022-62-00 6,737.00
6,737.00
6,737.00
15530627 01/18/2019 CALPERS REPLACEMENT BENEFIT 100000015530627 2019 REPLACEMENT BENEFIT CONTRIBUTION 12/19/2018
B 10-022-62-00 6,760.15
6,760.15
6,760.15
15485611 01/15/2019 PUBLIC EMPLOYEES RETIREMENT PAYDTE 01032019 PERSPAYDTE 01032019 PERS RETIREMENT 01/03/2019
B 10-022-62-00 7,064.30
7,064.30
7,064.30
15485593 01/14/2019 PUBLIC EMPLOYEES RETIREMENT PAYDTE 12202018 PERSPAYDTE 12202018 PERS RETIREMENT 12/20/2018
E 10-805-238-000-000 19.11
19.11
203.00
15456258 01/04/2019 PUBLIC EMPLOYEES RETIREMENT PAYDTE 12062018 PERSPAYDTE 12062018 PERS RETIREMENT 12/06/2018
E 10-805-238-000-000 73.91
73.91
0156711011519 SR CENTER TV - CLUB HOUSE - 1/25-2/24 01/15/2019
E 10-190-238-000-000 109.98
109.98
0153825011319 SR CENTER INTERNET - HSD3 - 1/23-2/22 01/13/2019
76069 01/31/2019 TIME WARNER CABLE 0228510011519 CITY HALL INTERNET - TWC BC - 1/25-2/24 01/15/2019
B.5.b
Packet Pg. 65 Attachment: B - Check Register No. 01312019 (2615 : Approval of Check Register No. 01312019)
Invoice #
Check Register for: January 1, 2019 - January 31, 2019
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
CITY OF GRAND TERRACE
Total Checks:855,784.47
B 10-022-63-00 2,146.87
2,146.87
2,146.87
15555613 01/15/2019 CALPERS 457 PLAN PAYDATE 01032019 457PAYDATE 01032019 457 PLAN CONTRIBUTIONS 01/03/2019
B.5.b
Packet Pg. 66 Attachment: B - Check Register No. 01312019 (2615 : Approval of Check Register No. 01312019)
AGENDA REPORT
MEETING DATE: February 12, 2019 Council Item
TITLE: Monthly Financial Report for November-2018
PRESENTED BY: Cynthia Fortune, Assistant City Manager
RECOMMENDATION: Receive and file the Monthly Financial Report for the period
ending November 30, 2018.
2030 VISION STATEMENT:
This staff report supports City Council Goal #1, “Ensure Our Fiscal Viability,” through
the continuous monitoring of revenue receipts and expenditure disbursements against
approved budget appropriations.
BACKGROUND:
The attached Monthly Financial Report (MFR) is for the period ending November 30,
2018. The purpose of the MFR is to identify actual revenues received and expenditures
incurred for the relevant period and compare them to the Approved Budget.
The Fiscal Year (FY) 2018-19 Approved Budget amounts are presented in the attached
MFR for reference purposes. Any adjustments to the Approved Budget that may occur
during the fiscal year will also be reflected in the report. The “expected” revenues
reflect an analysis of revenue receipts that have, historically, been received as of this
month in the fiscal year. The resulting positive or negative variances shown in the MFR
are in comparison to these “expected” receipts.
REVENUE RECEIPTS
Some revenues are received consistently within the fiscal year, however, not
necessarily on a monthly basis. The largest sources of revenue are shown below with
their revenue cycles:
• Property Tax (encompasses almost 36% of the General Fund’s revenue sources
at $1.9m), the bulk of which is received twice a year: December/January and
May/June of each fiscal year.
• Residual Receipts from the Redevelopment Property Tax Trust Fund (RPTTF),
encompasses almost 20% of the General Fund’s revenue at $1m, is received in
December and May each fiscal year.
• Sales Tax (encompasses about 14% of the General Fund revenue sources at
$770k), although is received monthly, the first month’s (July) allocation is not
received until September of the fiscal year; however, by the end of the fiscal year
B.6
Packet Pg. 67
(June) the remaining months’ allocation, which would be April, May and June, are
received and recorded by June 30th of the fiscal year.
• Franchise Fees (encompasses almost 10% of the General Fund’s revenue
sources) are received from the following companies:
Payee
Revenue
Receipt
Cycle
Burrtec Waste Industries Monthly
AT & T Quarterly
Charter Communications/Spectrum Quarterly
Riverside Highland Water Co Annually
Southern California Edison Annually
Southern California Gas Co Annually
EXPENDITURES
When reviewing the charts that provide the current monthly status of both revenues and
expenditures, it is helpful to bear in mind that some of the fluctuations from month to
month may be due to the following:
1. Invoices were not submitted to the City in a timely manner; and
2. Invoices may have required further review by the authorizing department.
The analysis and reporting provided is intended to keep the City Council informed
regarding the City’s financial position relative to the budget, and to identify any fi nancial
issues or concerns that arise during the fiscal year so appropriate and timely action can
be taken in response to these developments.
In addition, the MFR has been redesigned to provide more transparency by providing
charts that compare actual receipts and expenditures against expected and approved
budgets. Each category has 2 charts:
1. the 1st chart shows the actual receipts or expenditures incurred for the current
fiscal year (FY2018-19) and is compared to the prior year (2017-18) actuals; and
2. the 2nd chart shows the total annual amounts incurred, for the current year, the
prior year and is compared to the “expected” amounts for the current year.
DISCUSSION AND FISCAL IMPACT:
In order to provide a better understanding of the General Fund’s fisc al condition on a
monthly basis, the Monthly Financial Report has been revised to reflect the net surplus
or deficit of actual revenues versus actual expenditures.
B.6
Packet Pg. 68
The table below reflects the General Fund’s revenue and expense statement as of
November 30, 2018.
Table 1
City of Grand Terrace
FY2018-19 Monthly Financial Report
For the Period ending November 30, 2018
Approved
Budget
Expected
based on
Approved
Exp.
%
Appr
Bdgt
Monthly
Actuals
YTD
%
Appr
Bdgt
Variance
(actuals
from
expected)
REVENUES
Property Tax $1,980,000 $75,410 4% $58,449 3% ($16,961)
Residual Receipts -
RPTTF $1,090,000 $0 0% $0 0% $0
Residual Receipts -
Housing $60,000 $0 0.0% $0 0.0% $0
Franchise Fees $524,300 $110,050 21.0% $81,278 15.5% ($28,772)
Licenses, Fees &
Permits $419,415 $121,105 28.9% $124,178 29.6% $3,073
Sales Tax $770,000 $247,340 32.1% $236,591 30.7% ($10,749)
Proceeds from Sale of
Property $80,000 $0 0.0% $0 0.0% $0
Intergovernmental
Revenue/Grants $26,500 $0 0.0% $14,309 54.0% $14,309
Charges for Services $136,600 $29,470 21.6% $32,992 24.2% $3,522
Fines & Forfeitures $62,500 $27,290 43.7% $32,863 52.6% $5,573
Miscellaneous $55,148 $4,798 8.7% $753 1.4% ($4,045)
Use of Money &
Property $27,000 $8,480 31.4% $19,513 72.3% $11,033
Transfers In $2,352 $2,352 100.0% $2,379 101.2% $27
Waste Water Receipts $300,000 $300,000 100.0% $318,349 106.1% $18,349
TOTAL REVENUES $5,533,815 $926,295 16.7% $921,654 16.7% ($4,641)
EXPENDITURES
Salaries $1,188,831 $425,740 35.8% $429,963 36.2% ($4,223)
Benefits $724,690 $253,140 34.9% $257,211 35.5% ($4,071)
Professional/Contractual
Services $3,155,351 $1,257,635 39.9% $1,255,338 39.8% $2,297
Materials & Supplies $267,167 $105,360 39.4% $98,972 37.0% $6,388
Lease of
Facility/Equipment $8,000 $2,090 26.1% $2,898 36.2% ($808)
Utilities $143,400 $55,530 38.7% $54,118 37.7% $1,412
Overhead Cost
Allocation ($87,450) ($21,868) 25.0% ($21,863) 25.0% ($5)
Transfers Out $126,326 $32,216 25.5% $31,975 25.3% $241
TOTAL
EXPENDITURES $5,526,315 $2,109,843 38.2% $2,108,612 38.2% $1,231
B.6
Packet Pg. 69
City of Grand Terrace
FY2018-19 Monthly Financial Report
For the Period ending November 30, 2018
Approved
Budget
Expected
based on
Approved
Exp.
%
Appr
Bdgt
Monthly
Actuals
YTD
%
Appr
Bdgt
Variance
(actuals
from
expected)
REVENUE & EXPENDITURE SUMMARY
REVENUES $5,533,815 $926,295 16.7% $921,654 16.7% ($4,641)
EXPENDITURES ($5,526,315) ($2,109,843) 38.2% ($2,108,612) 38.2% $1,231
NET $7,500 ($1,183,548) ($1,186,958) ($3,410)
ATTACHMENTS:
• November-2018 Monthly Financial Report (PDF)
APPROVALS:
Cynthia A. Fortune Completed 02/05/2019 7:43 PM
Finance Completed 02/05/2019 7:43 PM
City Attorney Completed 02/06/2019 10:32 AM
City Manager Completed 02/06/2019 3:28 PM
City Council Pending 02/12/2019 6:00 PM
B.6
Packet Pg. 70
City of Grand Terrace
Monthly Financial Report
For the Period Ending
November 31, 2018
B.6.a
Packet Pg. 71 Attachment: November-2018 Monthly Financial Report (2601 : Monthly Financial Report for November-2018)
Table of Contents
GENERAL FUND
Revenue Summaries
Revenue Assumptions ........................................................................................... 4
Revenue Monthly Financial Detail ......................................................................... 5
Revenue Monthly History Charts:
Property Tax ................................................................................................... 6
Sales Tax ........................................................................................................ 7
Licenses, Permits & Fees ............................................................................... 8
Franchise Fees ............................................................................................... 9
Expenditure Summaries
Expenditure Assumptions ...................................................................................... 12
Expenditure Monthly Financial Detail by Category ................................................ 13
Expenditure Monthly History Charts:
Salaries ........................................................................................................... 14
Benefits ........................................................................................................... 15
Professional/Contractual Services .................................................................. 16
Materials & Supplies ....................................................................................... 17
B.6.a
Packet Pg. 72 Attachment: November-2018 Monthly Financial Report (2601 : Monthly Financial Report for November-2018)
GENERAL FUND REVENUE
B.6.a
Packet Pg. 73 Attachment: November-2018 Monthly Financial Report (2601 : Monthly Financial Report for November-2018)
REVENUE ASSUMPTIONS:
1. Property Tax receipts are usually received twice a year: in December and
May.
2. Residual Receipts – Redevelopment Property Tax Trust Fund (RPTTF)
receipts are received twice a year: June for the July - December period
and January for the January - June period.
3. Franchise Fee receipts are received monthly and quarterly; usually 30 -
45 days after the month or quarter end.
4. Sales Tax receipts are received monthly; the State distributes (advances)
sales tax revenues usually 60 days after the close of the month; then has
a quarterly “true-up.”
5. Waste Water receipts are received annually, usually at the first month of
the fiscal year.
6. All other receipts are based on historical receipt pattern.
7. Sections/Cost Centers are rolled into each Category as follows:
a. Property Tax
b. Residual Receipts
c. Franchise Fees
d. Licenses, Fees and Permits
e. Sales Tax
f. Sales Tax – Economic Development Agreement
g. Proceeds from the Sale of Property
h. Intergovernmental Revenues and/or Grants
i. Charges for Services
j. Miscellaneous Revenues
k. Use of Money and/or Property
l. Wastewater Receipts
B.6.a
Packet Pg. 74 Attachment: November-2018 Monthly Financial Report (2601 : Monthly Financial Report for November-2018)
REVENUES
Approved
Budget
Expected
based on
Approved
Exp.
%
Appr
Bdgt
Monthly
Actuals
YTD
%
Appr
Bdgt
Variance
(actuals
from
expected)
Property Tax 1,980,000 75,410 3.8%58,449 3.0%(16,961)
Residual Receipts - RPTTF 1,090,000 0 0.0%0 0.0%0
Residual Receipts - Housing 60,000 0 0.0%0 0.0%0
Franchise Fees 524,300 110,050 21.0%81,278 15.5%(28,772)
Licenses, Fees & Permits 419,415 121,105 28.9%124,178 29.6%3,073
Sales Tax 770,000 247,340 32.1%236,591 30.7%(10,749)
Proceeds from Sale of Property 80,000 0 0.0%0 0.0%0
Intergovernmental Revenue/Grants 26,500 0 0.0%14,309 54.0%14,309
Charges for Services 136,600 29,470 21.6%32,992 24.2%3,522
Fines & Forfeitures 62,500 27,290 43.7%32,863 52.6%5,573
Miscellaneous 55,148 4,798 8.7%753 1.4%(4,045)
Use of Money & Property 27,000 8,480 31.4%19,513 72.3%11,033
Transfers In 2,352 2,352 100.0%2,379 101.2%27
Waste Water Receipts 300,000 300,000 100.0%318,349 106.1%18,349
TOTAL REVENUES 5,533,815 926,295 16.7%921,654 16.7%(4,641)
EXPENDITURES
Approved
Budget
Expected
based on
Approved
Exp.
%
Appr
Bdgt
Monthly
Actuals
YTD
%
Appr
Bdgt
Variance
(actuals
from
expected)
Salaries 1,188,831 425,740 35.8%429,963 36.2%(4,223)
Benefits 724,690 253,140 34.9%257,211 35.5%(4,071)
Professional/Contractual Services 3,155,351 1,257,635 39.9%1,255,338 39.8%2,297
Materials & Supplies 267,167 105,360 39.4%98,972 37.0%6,388
Lease of Facility/Equipment 8,000 2,090 26.1%2,898 36.2%(808)
Utilities 143,400 55,530 38.7%54,118 37.7%1,412
Overhead Cost Allocation (87,450)(21,868)25.0%(21,863)25.0%(5)
Transfers Out 126,326 32,216 0.0%31,975 0.0%241
TOTAL EXPENDITURES 5,526,315 2,109,843 38.2%2,108,612 38.2%1,231
SUMMARY
Approved
Budget
Expected
based on
Approved
Monthly
Actuals
Variance
(actuals
from
expected)
REVENUES 5,533,815 926,295 16.7%921,654 16.7%(4,641)
EXPENDITURES (5,526,315)(2,109,843)38.2%(2,108,612)38.2%1,231
NET 7,500 (1,183,548)(1,186,958)(3,410)
City of Grand Terrace
FY2018-19 Monthly Financial Report
For the Period ending November 30, 2018
B.6.a
Packet Pg. 75 Attachment: November-2018 Monthly Financial Report (2601 : Monthly Financial Report for November-2018)
MONTHLY REVENUE - Property Tax (2018-19 vs. 2017-18)
$0
$0
$21,623
$4,251
$44,222
$253,252
$578,933
$62,200
$6,415
$126,193
$689,249
$12,972
$0
$2,851
$1,740
$2,461
$51,397
$0
$0
$0
$0
$0
$0
$0
- 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000
JUL
AUG
SEP
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
2018-19 Actuals 2017-18 Actuals
1,000,000 1,200,000 1,400,000 1,600,000 1,800,000 2,000,000
FY2017-18 Actuals
FY2018-19 Actuals
FY2018-19 Expected
FY2017-18 Actuals FY2018-19 Actuals FY2018-19 Expected
B.6.a
Packet Pg. 76 Attachment: November-2018 Monthly Financial Report (2601 : Monthly Financial Report for November-2018)
MONTHLY REVENUE - Sales Tax (2018-19 vs. 2017-18)
$0
$0
$88,514
$59,100
$78,800
$55,210
$59,100
$78,800
$37,058
$54,300
$42,854
$219,357
$0
$0
$69,387
$106,874
$60,330
$0
$0
$0
$0
$0
$0
$0
- 50,000 100,000 150,000 200,000 250,000
JUL
AUG
SEP
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
2018-19 Actuals 2017-18 Actuals
$226,414
$236,591
$247,340
- 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000
FY2017-18 Actuals
FY2018-19 Actuals
FY2018-19 Expected
FY2017-18 Actuals FY2018-19 Actuals FY2018-19 Expected
B.6.a
Packet Pg. 77 Attachment: November-2018 Monthly Financial Report (2601 : Monthly Financial Report for November-2018)
MONTHLY REVENUE - Licenses, Permits & Fees (2018-19 vs. 2017-18)
$20,520
$9,832
$53,817
$36,185
$13,608
$10,846
$36,435
$91,030
$31,270
$26,882
$22,137
$80,243
$12,406
$52,117
$20,886
$25,542
$13,228
$0
$0
$0
$0
$0
$0
$0
- 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 100,000
JUL
AUG
SEP
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
2018-19 Actuals 2017-18 Actuals
$133,962
$124,178
$121,105
- 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 450,000
FY2017-18 Actuals
FY2018-19 Actuals
FY2018-19 Expected
FY2017-18 Actuals FY2018-19 Actuals FY2018-19 Expected
B.6.a
Packet Pg. 78 Attachment: November-2018 Monthly Financial Report (2601 : Monthly Financial Report for November-2018)
MONTHLY REVENUE - Franchise Fees (2018-19 vs. 2017-18)
$0
$0
$23,916
$17,991
$54,405
$18,258
$35,150
$52,017
$15,141
$136,068
$55,162
$102,653
$0
$3,833
$28,619
$44,314
$4,512
$0
$0
$0
$0
$0
$0
$0
- 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000
JUL
AUG
SEP
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
2018-19 Actuals 2017-18 Actuals
$96,313
$81,278
$110,050
- 75,000 150,000 225,000 300,000 375,000 450,000 525,000
FY2017-18 Actuals
FY2018-19 Actuals
FY2018-19 Expected
FY2017-18 Actuals FY2018-19 Actuals FY2018-19 Expected
B.6.a
Packet Pg. 79 Attachment: November-2018 Monthly Financial Report (2601 : Monthly Financial Report for November-2018)
This page left intentionally blank.
B.6.a
Packet Pg. 80 Attachment: November-2018 Monthly Financial Report (2601 : Monthly Financial Report for November-2018)
GENERAL FUND EXPENDITURE
BY CATEGORY
B.6.a
Packet Pg. 81 Attachment: November-2018 Monthly Financial Report (2601 : Monthly Financial Report for November-2018)
EXPENDITURE ASSUMPTIONS:
8. Expenditure appropriations are divided into 12 monthly allocations, with
adjustments made for payroll periods, the timing of debt service
payments, and certain quarterly allocations.
9. Sections/Cost Centers are rolled into each Category as follows:
m. Salaries
n. Benefits
o. Professional/Contractual Services
p. Materials and Supplies
q. Lease of Facilities and/or Equipment
r. Equipment
s. Capital Projects
t. Utilities
u. Debt Services
v. Overhead Cost Allocation
w. Transfers Out
B.6.a
Packet Pg. 82 Attachment: November-2018 Monthly Financial Report (2601 : Monthly Financial Report for November-2018)
REVENUES
Approved
Budget
Expected
based on
Approved
Exp.
%
Appr
Bdgt
Monthly
Actuals
YTD
%
Appr
Bdgt
Variance
(actuals
from
expected)
Property Tax 1,980,000 75,410 3.8%58,449 3.0%(16,961)
Residual Receipts - RPTTF 1,090,000 0 0.0%0 0.0%0
Residual Receipts - Housing 60,000 0 0.0%0 0.0%0
Franchise Fees 524,300 110,050 21.0%81,278 15.5%(28,772)
Licenses, Fees & Permits 419,415 121,105 28.9%124,178 29.6%3,073
Sales Tax 770,000 247,340 32.1%236,591 30.7%(10,749)
Proceeds from Sale of Property 80,000 0 0.0%0 0.0%0
Intergovernmental Revenue/Grants 26,500 0 0.0%14,309 54.0%14,309
Charges for Services 136,600 29,470 21.6%32,992 24.2%3,522
Fines & Forfeitures 62,500 27,290 43.7%32,863 52.6%5,573
Miscellaneous 55,148 4,798 8.7%753 1.4%(4,045)
Use of Money & Property 27,000 8,480 31.4%19,513 72.3%11,033
Transfers In 2,352 2,352 100.0%2,379 101.2%27
Waste Water Receipts 300,000 300,000 100.0%318,349 106.1%18,349
TOTAL REVENUES 5,533,815 926,295 16.7%921,654 16.7%(4,641)
EXPENDITURES
Approved
Budget
Expected
based on
Approved
Exp.
%
Appr
Bdgt
Monthly
Actuals
YTD
%
Appr
Bdgt
Variance
(actuals
from
expected)
Salaries 1,188,831 425,740 35.8%429,963 36.2%(4,223)
Benefits 724,690 253,140 34.9%257,211 35.5%(4,071)
Professional/Contractual Services 3,155,351 1,257,635 39.9%1,255,338 39.8%2,297
Materials & Supplies 267,167 105,360 39.4%98,972 37.0%6,388
Lease of Facility/Equipment 8,000 2,090 26.1%2,898 36.2%(808)
Utilities 143,400 55,530 38.7%54,118 37.7%1,412
Overhead Cost Allocation (87,450)(21,868)25.0%(21,863)25.0%(5)
Transfers Out 126,326 32,216 0.0%31,975 0.0%241
TOTAL EXPENDITURES 5,526,315 2,109,843 38.2%2,108,612 38.2%1,231
SUMMARY
Approved
Budget
Expected
based on
Approved
Monthly
Actuals
Variance
(actuals
from
expected)
REVENUES 5,533,815 926,295 16.7%921,654 16.7%(4,641)
EXPENDITURES (5,526,315)(2,109,843)38.2%(2,108,612)38.2%1,231
NET 7,500 (1,183,548)(1,186,958)(3,410)
City of Grand Terrace
FY2018-19 Monthly Financial Report
For the Period ending November 30, 2018
B.6.a
Packet Pg. 83 Attachment: November-2018 Monthly Financial Report (2601 : Monthly Financial Report for November-2018)
MONTHLY EXPENDITURE - Salaries (2018-19 vs. 2017-18)
$66,937
$71,036
$72,118
$74,895
$81,917
$81,473
$79,799
$81,029
$144,411
$77,682
$93,700
$243,924
38,969
127,439
86,038
88,542
88,975
-
-
-
-
-
-
-
- 50,000 100,000 150,000 200,000 250,000 300,000
JUL
AUG
SEP
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
2018-19 Actuals 2017-18 Actuals
$366,904
$429,963
$425,740
- 200,000 400,000 600,000 800,000 1,000,000 1,200,000
FY2017-18 Actuals
FY2018-19 Actuals
FY2018-19 Expected
FY2017-18 Actuals FY2018-19 Actuals FY2018-19 Expected
B.6.a
Packet Pg. 84 Attachment: November-2018 Monthly Financial Report (2601 : Monthly Financial Report for November-2018)
MONTHLY EXPENDITURE - Benefits (2018-19 vs. 2017-18)
$36,304
$31,335
$51,895
$30,422
$37,067
$61,608
$68,806
$32,072
$54,407
$40,120
$62,544
$87,091
37,786
53,468
63,643
50,681
51,633
-
-
-
-
-
-
-
- 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 100,000
2018-19 Actuals 2017-18 Actuals
$187,023
$257,211
$253,140
- 80,000 160,000 240,000 320,000 400,000 480,000 560,000 640,000
FY2017-18 Actuals
FY2018-19 Actuals
FY2018-19 Expected
FY2017-18 Actuals FY2018-19 Actuals FY2018-19 Expected
B.6.a
Packet Pg. 85 Attachment: November-2018 Monthly Financial Report (2601 : Monthly Financial Report for November-2018)
MONTHLY EXPENDITURE - Professional Services (2018-19 vs. 2017-18)
$174,419
$377,949
$98,339
$218,638
$242,541
$418,300
$89,633
$250,175
$273,665
$61,679
$350,121
$513,343
8,266
408,302
273,779
267,427
297,564
-
-
-
-
-
-
-
- 100,000 200,000 300,000 400,000 500,000 600,000
JUL
AUG
SEP
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
2018-19 Actuals 2017-18 Actuals
1,111,886
1,255,338
1,257,635
- 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,500,000
FY2017-18 Actuals
FY2018-19 Actuals
FY2018-19 Expected
FY2017-18 Actuals FY2018-19 Actuals FY2018-19 Expected
B.6.a
Packet Pg. 86 Attachment: November-2018 Monthly Financial Report (2601 : Monthly Financial Report for November-2018)
MONTHLY EXPENDITURE - Materials & Supplies (2018-19 vs. 2017-18)
$6,330
$14,683
$9,918
$16,956
$27,712
$12,478
$14,761
$11,860
$15,755
$14,193
$21,535
$74,136
1,749
10,088
31,650
30,079
25,406
-
-
-
-
-
-
-
- 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000
JUL
AUG
SEP
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
2018-19 Actuals 2017-18 Actuals
$75,599
$98,972
$105,360
- 50,000 100,000 150,000 200,000 250,000
FY2017-18 Actuals
FY2018-19 Actuals
FY2018-19 Expected
FY2017-18 Actuals FY2018-19 Actuals FY2018-19 Expected
B.6.a
Packet Pg. 87 Attachment: November-2018 Monthly Financial Report (2601 : Monthly Financial Report for November-2018)
This page left intentionally blank.
B.6.a
Packet Pg. 88 Attachment: November-2018 Monthly Financial Report (2601 : Monthly Financial Report for November-2018)
AGENDA REPORT
MEETING DATE: February 12, 2019 Council Item
TITLE: Appointment of Planning Commission Member to Fill
Planning Commission Vacancy
PRESENTED BY: Debra Thomas, City Clerk
RECOMMENDATION: Conduct interviews and take the following action:
1. Appoint one (1) person to the Planning Commission
to fill the remainder of one (1) four-year term expiring on
June 30, 2022.
2030 VISION STATEMENT
This action supports Our Mission: To preserve and protect our community and its
exceptional quality of life through thoughtful planning, within the constraints of fiscally
responsible government.
BACKGROUND:
The Planning Commission is a five-member Board appointed by the City Council and
serve four-year terms at the pleasure of the City Council (Municipal Code Chapter 2.16).
The terms alternate so that every two years at least two appointments are set to expire .
Former Planning Commissioner, Jeff Allen, declared his candidacy to run for City
Council in the General Municipal Statewide Election which was held on N ovember 6,
2018. On December 6, 2018, the San Bernardino County Elections office verified
Council Member Jeff Allen’s election to the two-year Council Member seat. He was
sworn in as an official Council Member at the December 11, 2018 City Council meeting.
Then Commissioner Jeff Allen resigned his position on the Planning Commission
effective December 6, 2018, which left a vacancy. The table below depicts the resulting
composition and terms of the commission:
Name Appointed Re-Appointed Term Ends
Chairman Tom Comstock 06/27/2002 06/26/2016 06/30/2020
Vice Chair Tara Ceseña 06/10/2014 06/02/2016 06/30/2020
Vacant 06/30/2022
Edward Giroux 06/10/2014 07/10/2018 06/30/2022
Jeffrey McConnell 07/10/2018 -- 06/30/2022
G.7
Packet Pg. 89
DISCUSSION:
On December 11, 2018, the City Council directed the City Clerk to advertise for the one
(1) vacant term and that the application process opened on December 13, 2018 and
closed on January 31, 2019. The special vacancy notice and application information
was disbursed through a press release, posted on the City’s website, posted in the
City’s reader board and advertised in the City’s adjudicated newspaper, Grand Terrace
City News. As a result, six (6) applications were received which have been attached to
this report. The applicants are as follows:
1. Ken H. Stewart
2. Jeremy Briggs
3. Rick Duarte
4. Brian R. Phelps
5. David Alaniz
6. Jeremy Rivera
Staff recommends that the City Council conduct the interviews and appoint an applicant
to the Planning Commission.
FISCAL IMPACT:
There would be no additional fiscal impact created by this action. Planning
Commissioners are paid a stipend of $50.00 a month for attendance at a minimum of
one meeting, which would continue with the new appointments.
ATTACHMENTS:
• Stewart Application (PDF)
• Briggs Application (PDF)
• Duarte Application (PDF)
• Phelps Application (PDF)
• Alaniz Application (PDF)
• Rivera Application (PDF)
APPROVALS:
Debra Thomas Completed 02/04/2019 2:52 PM
City Attorney Completed 02/05/2019 10:13 AM
Finance Completed 02/05/2019 5:38 PM
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City Manager Completed 02/06/2019 3:26 PM
City Council Pending 02/12/2019 6:00 PM
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G.7.a
Packet Pg. 92 Attachment: Stewart Application (2611 : Planning Commission Interviews and Appointment)
G.7.b
Packet Pg. 93 Attachment: Briggs Application (2611 : Planning Commission Interviews and Appointment)
G.7.b
Packet Pg. 94 Attachment: Briggs Application (2611 : Planning Commission Interviews and Appointment)
G.7.b
Packet Pg. 95 Attachment: Briggs Application (2611 : Planning Commission Interviews and Appointment)
G.7.c
Packet Pg. 96 Attachment: Duarte Application (2611 : Planning Commission Interviews and Appointment)
G.7.d
Packet Pg. 97 Attachment: Phelps Application (2611 : Planning Commission Interviews and Appointment)
G.7.e
Packet Pg. 98 Attachment: Alaniz Application (2611 : Planning Commission Interviews and Appointment)
G.7.e
Packet Pg. 99 Attachment: Alaniz Application (2611 : Planning Commission Interviews and Appointment)
G.7.f
Packet Pg. 100 Attachment: Rivera Application (2611 : Planning Commission Interviews and Appointment)
AGENDA REPORT
MEETING DATE: February 12, 2019 Council Item
TITLE: Approval of a Contractor Agreement Between The City of
Grand Terrace and Clean Street for Street Sweeping
Services
PRESENTED BY: Alan French, Public Works Director
RECOMMENDATION: 1. Award the Street Sweeping Contractor Agreement to
Clean Street beginning March 1, 2019 through February 28,
2022 for an amount not to exceed $54,508 (including $2,500
set-aside for on-call services if needed) annually maintaining
the existing schedule; or,
2. Award the Street Sweeping Contractor Agreement to
Clean Street as follows:
a. Beginning March 1, 2019 through August 31, 2019 for
an amount not to exceed $27,253 (including $1,250 set-
aside for on-call services if needed) maintaining the existing
schedule; and
b. Beginning September 1, 2019 through August 31,
2022 for an amount not to exceed $60,908 (including $2,500
set-aside for on-call services if needed) annually
implementing the odd/even street sweeping schedule; and ,
3. Authorize the City Manager to execute the
agreement.
2030 VISION STATEMENT:
This staff report supports Goal #2 "Maintain Public Safety" by investing in critical
improvements to infrastructure.
BACKGROUND:
In March of 2016 the City entered an agreeme nt with the current street sweeping
contractor which will expire by the end of February 2019. As a result of the expiration of
the current contract, a request for proposals for street sweeping services was issued on
January 11, 2019. Included in the request for proposals are alternative bids to allow
alternative methods of sweeping, such as single side and parking enforcement, such as
license plate readers on street sweeping vehicles. As of Thursday January 31, 2019,
the city received three proposals for street sweeping services.
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DISCUSSION:
The City received three proposals for street sweeping services from Keller Sweeping,
Clean Street and Pacific Sweeping. The three (3) proposals were received on January
31, 2019 by the City Clerk. The proposals were received, reviewed and graded
(Reference Attached Proposals).
The Request for Proposals requested proposals to provide street sweeping services in
a thorough and professional manner, and to provide labor, tools, equipment, materials
and supplies necessary to complete the work in a timely manner according to the Scope
of Work. A map was provided of the current street sweeping route and schedule.
The Request for Proposals specified residential sweeping, business district sweeping,
emergency sweeping (on-call or special events), as well as pricing for an alternative
item for optional odd/even schedule and license plate reader. The proposals were
compared based on residential and business district sweeping times and rates. For the
responsive proposers, the odd/even schedule for street sweeping was more expensive
than the standard schedule that the City currently follows. The City will continue to
follow the current zone schedule on the first, second and third Thursday of the month.
The alternative sweeping schedule could be considered as a way to reduce the number
of citations received as discussed in a previous council meeting. The schedules are as
follows:
Standard Residential Street Sweeping Schedule
Residential street sweeping occurs on the First, Second a nd Third Thursdays of each
month, from 6:00 a.m. to 3:00 p.m. This is the current schedule and the cost proposal
for this service is $52,008 annually.
Odd/Even Residential Street Sweeping Alternative
The RFP requested that Proposers provide a cost propo sal for an odd/even street
sweeping schedule. This alternative would sweep only one side of the street at a given
time providing residents the option to park on one side of the street during street
sweeping. The other side of the street would be swept on a subsequent Thursday.
With this option, street sweeping would continue to be on the First, Second and Third
Thursdays of the month. The cost for providing this schedule is $58,408 annually,
$6,400 higher than the base rate of the current street sweeping schedule.
In addition to the sweeping cost, an additional one -time cost would be incurred to
update existing signs and install additional signs. These costs are estimated at
approximately $50,000. However, this would be an initial cost and only maintenan ce
cost would be incurred thereafter.
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Should this alternative be selected, staff will come back to request a one -time
appropriation of $50,000 for the update of existing signs and the installation of new
signs. In addition, significant outreach will be provided to residents to make them aware
of the new schedule.
License Plate Reader/Camera Enforcement
Though current law does not yet permit the use of license plate readers for camera
enforcement, the RFP nevertheless requested a cost proposal for a license plate reader
for camera enforcement. Under this proposal, Clean Street would purchase, install and
provide reporting services for a high definition camera that would be used by the vendor
to document vehicles that violate parking requirements during street sweeping. The cost
for this optional service is not to exceed $6,762 annually. The vendor would also
provide weekly report and still shots from camera footage to the Code Enforcement
Officer who will then verify the reports and footage and transmit th e report to Data
Ticket for the issuance of citations. Data Ticket currently provides citation processing
services for the City. Thus, should the law change to allow camera enforcement and the
City Council desires to take advantage of this service, the con tract would have to be
amended in the future.
Clean Street received the highest scores from the raters of the proposals. Staff received
good feedback from the references that were provided by Clean Street. Clean Street
provides street sweeping services for the City of Fontana and is the sub-contractor for
the Burrtec Waste Industries providing services for the City of Rancho Cucamonga and
the City of Rialto.
FISCAL IMPACT:
Alternative 1:
Contract award to Clean Street maintaining the existing street sweeping schedule with
an annual cost of $54,508 – the cost is included in the approved Operating Budget.
Alternative 2:
Contract award to Clean Street for the following:
a) Maintain the existing street sweeping schedule from March 1, 2019 through
August 31, 2019 at a six-month cost of $27,253 – the cost is included in the
approved Operating Budget; and
b) Implement the odd/even schedule from September 1, 2019 through August
31, 2022 with an annual cost of $60,908 – the annual increase in cost of
$6,400 will be requested in next year’s Operating Budget.
This service is paid for by the sweeping fee collected on a monthly basis with the refu se
bill. Should the Council choose to adopt the odd/even schedule, a rate adjustment will
be required to cover the additional sweeping cost.
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ATTACHMENTS:
• Exhibit A-1.pdf (PDF)
• Grand Terrace Street Sweeping Agreement (DOCX)
• Pacific (PDF)
• Keller (PDF)
• Exhibit C-1 (PDF)
• CleanStreet (PDF)
• Grand Terrace Streetsweeping Agreement AlternateSchedule(DOCX)
APPROVALS:
Alan French Completed 02/06/2019 11:31 PM
City Attorney Completed 02/07/2019 12:05 AM
Finance Completed 02/07/2019 12:06 AM
City Manager Completed 02/07/2019 12:06 AM
City Council Pending 02/12/2019 6:00 PM
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www.grandterrace-ca.gov G.8.a
Packet Pg. 105 Attachment: Exhibit A-1.pdf (2609 : Street Sweeping Services)
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AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
CLEANSTREET
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AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
CLEANSTREET
This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF
GRAND TERRACE AND CLEANSTREET” (herein “Agreement”) is made and entered into this
12th day of February, 2018 by and between the City of Grand Terrace, a California municipal
corporation (“City”) and CLEANSTREET, a California corporation (“Consultant”). City and
Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively
referred to as the “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the City
to perform those services.
C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter
into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms of
that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the
Parties and contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide
those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated
herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As
a material inducement to the City entering into this Agreement, Consultant represents and warrants
that it has the qualifications, experience, and facilities necessary to properly perform the services
required under this Agreement in a thorough, competent, and professional manner, and is
experienced in performing the work and services contemplated herein. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all services
described herein. Consultant covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be both of good
quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
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professional standards” shall mean those standards of practice recognized by one or more first-class
firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement
shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement. Consultant
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the Consultant’s
performance of the services required by this Agreement, and shall indemnify, defend and hold
harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes,
penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered how
the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions
attending performance of the services under this Agreement. If the services involve work upon any
site, Consultant warrants that Consultant has or will investigate the site and is or will be fully
acquainted with the conditions there existing, prior to commencement of services hereunder. Should
the Consultant discover any latent or unknown conditions, which will materially affect the
performance of the services hereunder, Consultant shall immediately inform the City of such fact
and shall not proceed except at Consultant’s risk until written instructions are received from the
Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work, and the equipment, materials, papers, documents, plans, studies
and/or other components thereof to prevent losses or damages, and shall be responsible for all such
damages, to persons or property, until acceptance of the work by City, except such losses or damages
as may be caused by City’s own negligence.
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations
under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all
documents and take all actions as may be reasonably necessary to carry out the purposes of this
Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work,
and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract
Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days,
may be approved by the Contract Officer. Any greater increases, taken either separately or
cumulatively, must be approved by the City Council. It is expressly understood by Consultant that
the provisions of this Section shall not apply to services specifically set forth in the Scope of
Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided
pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates
and that Consultant shall not be entitled to additional compensation therefor. City may in its sole
and absolute discretion have similar work done by other consultants. No claims for an increase in
the Contract Sum or time for performance shall be valid unless the procedures established in this
Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are
set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by
this reference. In the event of a conflict between the provisions of Exhibit “B” and any other
provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed One Hundred Sixty Three Thousand Five Hundred Twenty Four Dollars
($163,524.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section
1.8.
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified
in the Schedule of Compensation, provided that (a) time estimates are provided for the performance
of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv)
such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and
only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of
Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the
performance of the work with City is a critical component of the services. If Consultant is required
to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any
additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and
expenses incurred during the preceding month in a form approved by City’s Director of Finance. By
submitting an invoice for payment under this Agreement, Consultant is certifying compliance with
all provisions of the Agreement. The invoice shall detail charges for all necessary and actual
expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies,
and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories.
Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant which
are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant
to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice;
however, Consultant acknowledges and agrees that due to City warrant run procedures, the City
cannot guarantee that payment will occur within this time period. In the event any charges or
expenses are disputed by City, the original invoice shall be returned by City to Consultant for
correction and resubmission. Review and payment by City for any invoice provided by the
Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable
law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Consultant.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written
notice to proceed and shall perform all services within the time period(s) established in the
“Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference.
When requested by the Consultant, extensions to the time period(s) specified in the Schedule of
Performance may be approved in writing by the Contract Officer but not exceeding one hundred
eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services
rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable
causes beyond the control and without the fault or negligence of the Consultant, including, but not
restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes,
floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or
acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of
the commencement of such delay notify the Contract Officer in writing of the causes of the delay.
The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for
performing the services for the period of the enforced delay when and if in the judgment of the
Contract Officer such delay is justified. The Contract Officer’s determination shall be final and
conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover
damages against the City for any delay in the performance of this Agreement, however cau sed,
Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding one (1) years
from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the work
specified herein and make all decisions in connection therewith:
Rick Anderson, Director of Business Development
(Name) (Title)
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(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore,
the foregoing principals shall be responsible during the term of this Agreement for directing all
activities of Consultant and devoting sufficient time to personally supervise the services hereunder.
All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive
direction and control of the Principals. For purposes of this Agreement, the foregoing Principals
may not be replaced nor may their responsibilities be substantially reduced by Consultant without
the express written approval of City. Additionally, Consultant shall utilize only competent personnel
to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to
maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to
perform the services required under this Agreement. Consultant shall notify City of any changes in
Consultant’s staff and subcontractors, if any, assigned to perform the services required under this
Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or any
of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or
agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City Manager, G. Harold Duffey, or such person as may be
designated by the City Manager. It shall be the Consultant’s responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of the
Contract Officer. The Contract Officer shall have authority, if specified in writing by the City
Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this
Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees, perform the services required herein, except as
otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control
of Consultant’s employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
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independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees of
City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with
Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the transfer to
any person or group of persons acting in concert of more than twenty five percent (25%) of th e
present ownership and/or control of Consultant, taking all transfers into account on a cumulative
basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this
Agreement shall be void. No approved transfer shall release the Consultant or any surety of
Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and content
satisfactory to City, during the entire term of this Agreement including any extension thereof, the
following policies of insurance which shall cover all elected and appointed officers, employees and
agents of City:
(a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A
policy of comprehensive general liability insurance written on a per occurrence basis for bodily
injury, personal injury and property damage. The policy of insurance shall be in an amount not less
than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate
limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by or
any persons retained by the Consultant in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
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$1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any
automobile.
(d) Professional Liability. Professional liability insurance appropriate to the
Consultant’s profession. This coverage may be written on a “claims made” basis, and must include
coverage for contractual liability. The professional liability insurance required by this Agreement
must be endorsed to be applicable to claims based upon, arising out of or related to services
performed under this Agreement. The insurance must be maintained for at least 5 consecutive years
following the completion of Consultant’s services or the termination of this Agreement. During this
additional 5-year period, Consultant shall annually and upon request of the City submit written
evidence of this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds under
its policies or shall furnish separate certificates and certified endorsements for each subcontractor.
All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in
the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its
elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers, employees or agents may apply in excess of, and not contribute
with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and
contribution it may have against the City, its officers, employees and agents and their respective
insurers. Moreover, the insurance policy must specify that where the primary insured does not
satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by
certified mail return receipt requested to the City. In the event any of said policies of insurance are
cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in
conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has provided
the City with Certificates of Insurance, additional insured endorsement forms or appropriate
insurance binders evidencing the above insurance coverages and said Certificates of Insurance or
binders are approved by the City. City reserves the right to inspect complete, certified copies of and
endorsements to all required insurance policies at any time. Any failure to comply with the reporting
or other provisions of the policies including breaches or warranties shall not affect coverage
provided to City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following “cancellation” notice:
CANCELLATION:
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and
volunteers are to be covered as additional insureds as respects: liability arising out of activities
Consultant performs; products and completed operations of Consultant; premises owned, occupied
or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The
coverage shall contain no special limitations on the scope of protection afforded to City, and their
respective elected and appointed officers, officials, employees or volunteers. Consultant’s insurance
shall apply separately to each insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer’s liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At the
option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions
as respects City or its respective elected or appointed officers, officials, employees and volunteers or
the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim
administration, defense expenses and claims. The Consultant agrees that the requirement to provide
insurance shall not be construed as limiting in any way the extent to which the Consultant may be
held responsible for the payment of damages to any persons or property resulting from the
Consultant’s activities or the activities of any person or persons for which the Consultant is
otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in
Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with Section
4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the
subcontractor to maintain the same policies of insurance that the Consultant is required to maintain
pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold
and save them and each of them harmless from, any and all actions, either judicial, administrative,
arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations,
errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may
be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent
performance of the work, operations or activities provided herein of Consultant, its officers,
employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is
legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful
misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to
perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
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(a) Consultant will defend any action or actions filed in connection with any of
said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s fees
incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of Consultant
hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any
action or proceeding filed or prosecuted against Consultant for such damages or other claims arising
out of or in connection with the negligent performance of or failure to perform the work, operation
or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or
employees, any and all costs and expenses incurred by the City, its officers, agents or employees in
such action or proceeding, including but not limited to, legal costs and attorney’s fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it
fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure
of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional services
hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of
City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall
apply to claims and liabilities resulting in part from City’s negligence, except that design
professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the
negligence, recklessness or willful misconduct of the design professional. The indemnity obligation
shall be binding on successors and assigns of Consultant and shall survive termination of this
Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated “A” or better in the most recent edition of Best Rating
Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category
Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk
Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration,
or in the event the risk manager determines that the work or services to be performed under this
Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the
minimum limits of the insurance policies may be changed accordingly upon receipt of written notice
from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts,
invoices, vouchers, canceled checks, reports, studies or other documents relating to the
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disbursements charged to City and services performed hereunder (the “books and records”), as shall
be necessary to perform the services required by this Agreement and enable the Contract Officer to
evaluate the performance of such services. Any and all such documents shall be maintained in
accordance with generally accepted accounting principles and shall be complete and detailed. The
Contract Officer shall have full and free access to such books and records at all times during normal
business hours of City, including the right to inspect, copy, audit and make records and transcripts
from such records. Such records shall be maintained for a period of three (3) years following
completion of the services hereunder, and the City shall have access to such records in the event any
audit is required. In the event of dissolution of Consultant’s business, custody of the books and
records may be given to City, and access shall be provided by Consultant’s successor in interest.
Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to
the books and records if a public records request is made and disclosure is required by law including
but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer shall
require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work
and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if
Consultant becomes aware of any facts, circumstances, techniques, or events that may or will
materially increase or decrease the cost of the work or services contemplated herein or, if Consultant
is providing design services, the cost of the project being designed, Consultant shall promptly notify
the Contract Officer of said fact, circumstance, technique or event and the estimated increas ed or
decreased cost related thereto and, if Consultant is providing design services, the estimated increased
or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the “documents and materials”),
including any electronic documents and materials, prepared by Consultant, its employees,
subcontractors and agents in the performance of this Agreement shall be the property of City and
shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or
upon the termination of this Agreement, and Consultant shall have no claim for further employment
or additional compensation as a result of the exercise by City of its full rights of ownership use,
reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of
such completed documents for other projects and/or use of uncompleted documents without specific
written authorization by the Consultant will be at the City’s sole risk and without liability to
Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or
assignment. Consultant may retain copies of such documents for its own use. Consultant shall have
the right to use the concepts embodied therein. All subcontractors shall provide for assignment to
City of any documents or materials prepared by them, and in the event Consultant fails to secure
such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover,
Consultant with respect to any documents and materials that may qualify as “works made for hire”
as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for
hire” for the City.
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6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written authorization
from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided
Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant,
provides any information or work product in violation of this Agreement, then City shall have the
right to reimbursement and indemnity from Consultant for any damages, costs and fees, including
attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery request,
court order or subpoena from any party regarding this Agreement and the work performed there
under. City retains the right, but has no obligation, to represent Consultant or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to
provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of San Bernardino, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of San
Bernardino, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not
have any obligation or duty to continue compensating Consultant for any work performed after the
date of default. Instead, the City may give notice to Consultant of the default and the reasons for the
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default. The notice shall include the timeframe in which Consultant may cure the default. This
timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold all
invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices
during the period of default. If Consultant does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article. Any failure on the part of the City to give
notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights
or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether
or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute
hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages
suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of
Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this
Agreement. In the event that any claim is made by a third party, the amount or validity of which is
disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim
of lien, City may withhold from any payment due, without liability for interest because of such
withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to
deduct or to withhold shall not, however, affect the obligations of the Consultant to insure,
indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement
shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any
breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a
waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by
City of any work or services by Consultant shall not constitute a waiver of any of the provisions of
this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting
party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by
either party of any default must be in writing and shall not be a wai ver of any other default
concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of
one or more of such rights or remedies shall not preclude the exercise by it, at the same or different
times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific
performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other
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remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision
herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and
910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in
the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon written notice to Consultant. In addition, the
Consultant may terminate this Contract for cause, upon sixty (60) days’ advance written notice to
City. Upon receipt of any notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer. Except where the
Consultant has initiated termination, the Consultant shall be entitled to compensation for all services
rendered prior to the effective date of the notice of termination and for any services authorized by the
Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be
approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has
initiated termination, the Consultant shall be entitled to compensation only for the reasonable value
of the work product actually produced hereunder. In the event of termination without cause pursuant
to this Section, the terminating party need not provide the non-terminating party with the opportunity
to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the
extent that the total cost for completion of the services required hereunder exceeds the compensation
herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and
City may withhold any payments to the Consultant for the purpose of set-off or partial payment of
the amounts owed the City as previously stated.
7.9 Attorney’s Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action
or proceeding in any way connected with this Agreement, the prevailing party in such action or
proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be
entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal,
and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for
investigating such action, taking depositions and discovery and all other necessary costs the court
allows which are incurred in such litigation. All such fees shall be deemed to have accrued on
commencement of such action and shall be enforceable whether or not such action is prosecuted to
judgment.
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ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which may
become due to the Consultant or to its successor, or for breach of any obligation of the terms of this
Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests of
City or which would in any way hinder Consultant’s performance of services under this Agreement.
Consultant further covenants that in the performance of this Agreement, no person having any such
interest shall be employed by it as an officer, employee, agent or subcontractor without the express
written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest
or the appearance of any conflicts of interest with the interests of City in the performance of this
Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of, any
person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation,
marital status, national origin, ancestry or other protected class in the performance of this
Agreement. Consultant shall take affirmative action to insure that applicants are employed and that
employees are treated during employment without regard to their race, color, creed, religion, sex,
gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorney’s fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and
to the attention of the Contract Officer (with her/his name and City title), City of Grand Terrace,
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22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant, to the person(s) at
the address designated on the execution page of this Agreement. Either party may change its address
by notifying the other party of the change of address in writing. Notice shall be deemed
communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing
if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any
and all previous negotiations, arrangements, agreements and understandings, if any, between the
parties, and none shall be used to interpret this Agreement. No amendment to or modification of this
Agreement shall be valid unless made in writing and approved by the Consultant and by the City
Council. The parties agree that this requirement for written modifications cannot be waived and that
any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree
of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby
declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless
the invalid provision is so material that its invalidity deprives either party of the basic benefit of their
bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this
Agreement, nor shall any official, officer, or employee of City participate in any decision relating to
this Agreement which may affect his/her financial interest or the financial interest of any
corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5.
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Nor shall any such officer or employee participate in any decision relating to the Agreement
which affects her/his financial interest or the financial interest of any corporation, partnership or
association in which (s)he is, directly or indirectly, interested, in violation of any State statute or
regulation, including but not limited to the Political Reform Act (Government Code Sections 81000,
et seq.)
Consultant warrants and represents that it has not paid or given, and will not pay or give, to
any third party including, but not limited to, any City official, officer, or employee, any money,
consideration, or other thing of value as a result or consequence of obtaining or being awarded any
agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render this
Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate
any provision of any other Agreement to which said party is bound. This Agreement shall be
binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
City of Grand Terrace, a municipal corporation
______________________________________
G. Harold Duffey, City Manager
ATTEST:
______________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
______________________________________
Adrian R. Guerra, City Attorney
CONSULTANT:
CLEANSTREET, a California Corporation
By: ___________________________________
Name:
Title:
By: ___________________________________
Name:
Title:
Address: ______________________________
______________________________
______________________________
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2019 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(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: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2019 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(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: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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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EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
Consultant shall provide street sweeping services in a thorough and professional manner,
and to provide labor, tools, equipment, materials and supplies necessary to complete the
work in a timely manner that will meet the City’s requirements.
A. Objectives - The primary objectives of the sweeping program are to:
i. Establish and adhere to a regular schedule of performance
ii. Maintain gutter flow lines free of debris for free flow of water
iii. Maintain a state of cleanliness for road safety acceptable to the City and its
residents.
iv. Meet all Federal, State, County and City laws and ordinances
v. Meet South Coast Air Quality Management District (AQMD) requirements
vi. Meet all National Pollution Discharge Elimination System (NPDES)
requirements to remove and properly dispose of dust, silt, dirt, leaves and
other organic and inorganic materials from the City streets prior to such
materials entering the City’s storm drain system.
B. Services
i. Consultant shall furnish all labor, equipment, tools, fuel, insurance,
supervision, disposal costs and materials (except water), to sweep the City’s
streets in accordance with the schedule and specifications contained in this
Exhibit.
ii. During the term of the Agreement, the Consultant shall sweep by machine all
residential public streets, commercial public streets and all the paved public
alleys in the City, in accordance with the sweeping schedule as established by
the City.
iii. Commercial and residential streets are defined for the purposes of this
contract as all areas of public City streets which are paved and which are
regularly used for the operation of motor vehicles.
C. Description of Work
i. City of Grand Terrace (Residential) – One (1) Time Per Month
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1. The current six (6) zone schedule will be followed as provided in
Exhibit “A-1.”
ii. Grand Terrace Business District – One (1) Time Per Week
1. Both sides of Barton Road from western City limit at 21800 Barton
Road to the eastern City limit at 23200 Barton Road.
2. Both sides of Mt. Vernon from Main (North) to the northern City
limit approximately 1500 feet north of Grand Terrace Road.
iii. City Lots – One (1) Time Per Month
1. City Hall (22795 Barton Rd., Grand Terrace, California).
2. City Parks: Pico Park, Rollins Park and Fitness Park
3. Senior Center located at 22627 Grand Terrace Rd., Grand Terrace,
California.
iv. Services shall include up to six (6) special events a year that will require
sweeping beyond the schedule of service mentioned above at no additional
charge.
v. Residentially zoned areas shall be swept between 6:00 am and 1:00 pm on
Thursdays. Commercially zoned areas shall be swept from 9:00 pm to 6:00
am. If any complaints arise from the sweeping times other than the 6:00 am
to 1:00 pm times in residentially zoned areas, the Consultant shall work with
the Community Development Department to resolve the issue to the City’s
satisfaction.
D. Special Requirements
i. The Consultant shall obtain a City of Grand Terrace business license.
ii. Consultant shall utilize a GPS Navigation System with the ability to track the
street sweeping activity and provide a monthly report to the City of the
streets serviced.
iii. Street sweeping services shall not exceed 8 mph on city streets.
E. Labor, Equipment and Materials
i. The Consultant shall use and furnish at their own expense all labor,
equipment, and materials necessary for the satisfactory performance of the
works set forth in this contract.
ii. The operators shall be competent in all aspects of street sweeper operations.
This includes knowledge of all operational aspects of the equipment used,
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knowledge of the California Vehicle Code, knowledge of standard safety
practices, and knowledge of notification procedures should the need arise to
contact City personnel.
iii. The primary equipment shall be of a recognized make and shall be kept in
good and safe repair and not greater than 10-years old for either the chassis
and/or the vacuum system. Semi-annual inspection of all equipment must be
conducted with findings from those inspections to be submitted to the City in
writing.
F. Quality Control
i. Sweeping shall be done in a neat, orderly and professional manner. The street
sweeper shall leave designated areas of sweeping free of dirt, litter, debris,
obstructions, smears and visual dust in accordance with the City’s standards
of cleanliness.
ii. While sweeping shall normally consist of a single pass over an area, the
Consultant shall make additional passes or such extra effort as may be
required to adequately clean the street. Extra effort shall be required when
sweeping equipment leaves a dirt/silt smear in its pathway. Extra effort will
be strictly enforced during and after windy conditions and storm weather.
The cost of any extra effort shall be included in the contract cost.
iii. Items that cannot be swept such as: tree limbs, palm fronds, rocks, trash and
debris shall be removed from the sweeping path by the sweeping operator
rather than going around it. Larger obstructions such as impaired vertical
and/or horizontal clearance by tree limbs, construction or landscaping debris
shall be immediately reported to the City when the location cannot be swept.
iv. The City Manager or his/her designee shall be the sole judge of the quality of
work. In the event that the results of a sweep are considered to be
unsatisfactory, the City will notify the Consultant of exact location and
description of deficiency. The Consultant shall completely re-sweep the
unsatisfactory area at its own expense and shall provide responses within one
(1) working day of receiving notice of the deficient sweeping.
v. The Consultant shall also provide back-up capabilities for instances when
sweeping cannot be completed on schedule due to street sweeper mechanical
failure.
G. Emergency Sweeps
i. Consultant shall also provide emergency street sweeping for events such as
non-hazardous spills, accident clean-ups and unusual conditions. Such
emergency street sweeping services shall be provided by Consultant after-
hours and on weekends and holidays as may be needed from time to time.
Consultant shall respond to City within two (2) hours of receiving a
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notification of the need for an emergency sweep from the City. Consultant
shall provide City with name and phone number of contact person for after-
hour emergency sweeps, and shall update such information in writing
immediately upon any change in the contact person.
H. Disposal
i. Consultant shall dispose of all refuse and debris collected from sweeping
operations in the City’s Corporate Yard. The cost for disposal is not included
in the Agreement cost.
I. Sweeping Practices and Standards of Performance
i. Areas of Street – Areas of the street to be swept include curb lines along both
sides of the roadway or to the edge of the pavement where no curb exists,
along all curbs on raised medians, over all portions of painted median,
painted left and right turn pockets, and all intersection turn pockets and
arterial intersection center areas and dead spots are to be maintained on the
same frequency as the median or intersection for which they are associated
and included in the curb mile price. Curb returns (radii) at intersections of
arterial and residential streets will be swept along their entire length and free
of debris on scheduled arterial sweeping days. Excluded from areas to be
swept are those that would cause damage to the equipment used. While
Consultant is normally responsible for the 8’ strip (sweeper width), curb to
curb sweeping, an additional width of street may need to be swept at some
locations due to unforeseen circumstances and shall be included within the
curb mile price.
ii. Flow of Traffic – Sweeping shall be accomplished in the same direction as
traffic flow at all times during sweeping
iii. Warning Devices – Vehicles shall be equipped with top-mounted warning
lights (rotating or beacon) visible for 360̊ or comparable traffic safety lights
when sweeping. A rear-mounted left/right arrow stick shall be required for
arterial and bike lane sweepers.
iv. Sweeping Speed – Sweeping speed shall be adjusted to street and debris
condition with a maximum speed of eight miles per hour (8 MPH). City
streets swept while driver exceeds eight miles per hour (8 MPH) will be re-
swept in their entirety at Consultant’s expense. In addition, a verbal warning
will be given for the first violation. A written warning will be given for the
second violation, and a “Failure to Perform” notice will be issued upon the
third violation.
v. Notification of Non-sweeping – Consultant shall provide City representatives
on a daily basis (when applicable) with a list of all streets not swept when
regular sweeping schedule is interrupted for any reason and shall deduct said
street from Consultant’s invoices for that day/week. Consultant shall provide
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a list of streets that cannot be swept to the City by the end of each day that
Consultant is required to sweep streets pursuant to this Agreement. The City
shall notify the Consultant by phone on non -sweeping conditions due to
inclement weather. The City’s notification will serve as a non-sweep day and
Consultant shall not be compensated by the City unless an alternative
sweeping schedule is coordinated by the Consultant and is submitted to the
City for its written approval. The daily rate will be calculated by the tot al
annual cost divided by the number of service days.
vi. Holidays and Potential Conflicts with the Waste and Recycling Contractor –
Consultant will observe all City holidays and holidays observed by the City’s
franchised waste hauler. Approved non-sweep days will not be paid for by
the City unless an alternative sweeping schedule is coordinated by the
Consultant and is submitted to the City for its written approval. The daily rate
will be calculated by the total annual cost divided by the number of service
days. Trash and recycling collection days will take priority over street
sweeping days and cannot be bot h performed on the same day. Currently, the
City is serviced by Burrtec Waste Industries, Inc. on Monday, Tuesday and
Wednesday (Fridays for City parks); however, Consultant shall
independently verify Burrtec Waste Industries, Inc.’s schedule within the
City.
J. Water
i. The Consultant shall obtain water for sweeping operations at points
designated by the City. Necessary water shall be furnished at the expense of
the City.
II. As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City:
A. In addition to any tangible work products required elsewhere in this Agreement,
Consultant shall prepare and deliver such tangible work products that may be
required by the City from time to time under this Agreement.
III. In addition to the requirements of Section 6.2 and this Exhibit, during performance of
the Services, Consultant will keep the City appraised of the status of performance by
delivering the following status reports:
A. Consultant shall prepare and deliver such status reports as may be required by the
City from time to time under this Agreement.
IV. All work product is subject to review and acceptance by the City, and must be revised
by the Consultant without additional charge to the City until found satisfactory and
accepted by City.
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Exhibit “A-1”
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Section 3.4, “Term,” is hereby modified as follows (strikethrough represents deleted
language while bold italics represents added language):
“Unless earlier terminated in accordance with Article 7 of this
Agreement, this Agreement shall continue in full force and effect
until completion of the services but not exceeding one (1) three (3)
years from the date hereof, except as otherwise provided in the
Schedule of Performance (Exhibit “D”). The term of this Agreement
may be extended by two (2) one-year extensions at the City’s sole
discretion.”
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the Services at the rates provided in Exhibit “C-1” of this
Agreement.
II. The City will compensate Consultant for the Services performed upon submission of
a valid invoice to City of Grand Terrace, 22795 Barton Rd., Grand Terrace, CA
92313, to the attention of the City Manager. Each invoice is to include:
A. Purchase Order Number
B. Project name/description
C. Line items for all personnel describing the work performed, the title/classification
under which such personnel is billed, the number of hours worked, and the hourly rate
pay.
D. Line items for all materials and equipment properly charged to the Services.
E. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
F. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
III. The total compensation for the Services shall not exceed $163,524.00 as provided in
Section 2.1 of this Agreement.
IV. The Consultant’s billing rates for the Services are attached as Exhibit C-1.
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Exhibit “C-1”
Regular Street Sweeping Services
Residential Daily Rate: Thursdays Between 6:00 am –
3:00 pm
Business District Daily Rate: Wednesday to Thursday
9:00 pm – 6:00 am
$49.25 per curb mile
On-Call and Special Events Street Sweeping Services as
needed (Sunday through Saturday)
$105.00 per hour
Maximum $2,500 for On-Call Services
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the schedule developed
by the City and subject to modification by written approval of the Contract Officer.
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Packet Pg. 137 Attachment: Pacific (2609 : Street Sweeping Services)
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Packet Pg. 138 Attachment: Pacific (2609 : Street Sweeping Services)
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Packet Pg. 139 Attachment: Pacific (2609 : Street Sweeping Services)
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Packet Pg. 140 Attachment: Pacific (2609 : Street Sweeping Services)
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Packet Pg. 141 Attachment: Pacific (2609 : Street Sweeping Services)
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Packet Pg. 142 Attachment: Pacific (2609 : Street Sweeping Services)
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Packet Pg. 143 Attachment: Pacific (2609 : Street Sweeping Services)
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Packet Pg. 144 Attachment: Pacific (2609 : Street Sweeping Services)
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Packet Pg. 145 Attachment: Pacific (2609 : Street Sweeping Services)
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Packet Pg. 146 Attachment: Pacific (2609 : Street Sweeping Services)
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Packet Pg. 147 Attachment: Pacific (2609 : Street Sweeping Services)
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Packet Pg. 148 Attachment: Pacific (2609 : Street Sweeping Services)
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Packet Pg. 149 Attachment: Pacific (2609 : Street Sweeping Services)
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Packet Pg. 150 Attachment: Pacific (2609 : Street Sweeping Services)
G.8.d
Packet Pg. 151 Attachment: Keller (2609 : Street Sweeping Services)
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Packet Pg. 152 Attachment: Keller (2609 : Street Sweeping Services)
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Packet Pg. 153 Attachment: Keller (2609 : Street Sweeping Services)
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Packet Pg. 154 Attachment: Keller (2609 : Street Sweeping Services)
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Packet Pg. 155 Attachment: Keller (2609 : Street Sweeping Services)
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Packet Pg. 156 Attachment: Keller (2609 : Street Sweeping Services)
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Packet Pg. 157 Attachment: Keller (2609 : Street Sweeping Services)
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Packet Pg. 158 Attachment: Keller (2609 : Street Sweeping Services)
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Packet Pg. 159 Attachment: Keller (2609 : Street Sweeping Services)
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Packet Pg. 160 Attachment: Keller (2609 : Street Sweeping Services)
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Packet Pg. 161 Attachment: Keller (2609 : Street Sweeping Services)
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Packet Pg. 162 Attachment: Keller (2609 : Street Sweeping Services)
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Packet Pg. 163 Attachment: Keller (2609 : Street Sweeping Services)
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Packet Pg. 164 Attachment: Exhibit C-1 (2609 : Street Sweeping Services)
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Packet Pg. 165 Attachment: Exhibit C-1 (2609 : Street Sweeping Services)
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Packet Pg. 166 Attachment: Exhibit C-1 (2609 : Street Sweeping Services)
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Packet Pg. 167 Attachment: CleanStreet (2609 : Street Sweeping Services)
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Packet Pg. 168 Attachment: CleanStreet (2609 : Street Sweeping Services)
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Packet Pg. 169 Attachment: CleanStreet (2609 : Street Sweeping Services)
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Packet Pg. 170 Attachment: CleanStreet (2609 : Street Sweeping Services)
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Packet Pg. 171 Attachment: CleanStreet (2609 : Street Sweeping Services)
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Packet Pg. 172 Attachment: CleanStreet (2609 : Street Sweeping Services)
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Packet Pg. 173 Attachment: CleanStreet (2609 : Street Sweeping Services)
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Packet Pg. 174 Attachment: CleanStreet (2609 : Street Sweeping Services)
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Packet Pg. 175 Attachment: CleanStreet (2609 : Street Sweeping Services)
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Packet Pg. 176 Attachment: CleanStreet (2609 : Street Sweeping Services)
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Packet Pg. 177 Attachment: CleanStreet (2609 : Street Sweeping Services)
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Packet Pg. 178 Attachment: CleanStreet (2609 : Street Sweeping Services)
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Packet Pg. 179 Attachment: CleanStreet (2609 : Street Sweeping Services)
01247.0006/533872.1 2/6/2019
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
CLEANSTREET
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AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
CLEANSTREET
This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY
OF GRAND TERRACE AND CLEANSTREET” (herein “Agreement”) is made and entered into
this 12th day of February, 2018 by and between the City of Grand Terrace, a California municipal
corporation (“City”) and CLEANSTREET, a California corporation (“Consultant”). City and
Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter
collectively referred to as the “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the City
to perform those services.
C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter
into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms
of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the
Parties and contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide
those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated
herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and
warrants that it has the qualifications, experience, and facilities necessary to properly perform the
services required under this Agreement in a thorough, competent, and professional manner, and is
experienced in performing the work and services contemplated herein. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all services
described herein. Consultant covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be both of good
quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
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professional standards” shall mean those standards of practice recognized by one or more first-
class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement
shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement. Consultant
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the Consultant’s
performance of the services required by this Agreement, and shall indemnify, defend and hold
harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes,
penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant’s risk until written instructions are
received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work, and the equipment, materials, papers, documents, plans, studies
and/or other components thereof to prevent losses or damages, and shall be responsible for all such
damages, to persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City’s own negligence.
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work,
and/or (ii) the time to perform this Agreement, which said adjustments are s ubject to the written
approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the
Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty
(180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to
be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
City may in its sole and absolute discretion have similar work done by other consultants. No
claims for an increase in the Contract Sum or time for performance shall be valid unless the
procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein
by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other
provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed Two Hundred Nine Thousand Nine Hundred Seventy Seven Dollars
($209,977.00) (the “Contract Sum”), unless additional compensation is approved pursuant to
Section 1.8.
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Consultant’s rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and
expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance
with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual
expenses by the following categories: labor (by sub-category), travel, materials, equipment,
supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such
categories. Consultant shall not invoice City for any duplicate services performed by more than
one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed
invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures,
the City cannot guarantee that payment will occur within this time period. In the event any charges
or expenses are disputed by City, the original invoice shall be returned by City to Consultant for
correction and resubmission. Review and payment by City for any invoice provided by the
Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable
law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Consultant.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in the
“Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the City, if the Consultant shall
within ten (10) days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified. The Contract Officer’s determination
shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be
entitled to recover damages against the City for any delay in the performance of this Agreement,
however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this
Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding one (1)
years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
“D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the work
specified herein and make all decisions in connection therewith:
Rick Anderson, Director of Business Development
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(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only competent personnel to perform services pursuant to this Agreement. Consultant shall make
every reasonable effort to maintain the stability and continuity of Consultant’s staff and
subcontractors, if any, assigned to perform the services required under this Agreement. Consultant
shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to
perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees
or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City Manager, G. Harold Duffey, or such person as may
be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of the
Contract Officer. The Contract Officer shall have authority, if specified in writing by the City
Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of
this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
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control of Consultant’s employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venture or a member of any joint enterprise with
Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the transfer
to any person or group of persons acting in concert of more than twenty five percent (25%) of the
present ownership and/or control of Consultant, taking all transfers into account on a cumulative
basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this
Agreement shall be void. No approved transfer shall release the Consultant or any surety of
Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance which shall cover all elected and appointed officers,
employees and agents of City:
(a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A
policy of comprehensive general liability insurance written on a per occurrence basis for bodily
injury, personal injury and property damage. The policy of insurance shall be in an amount not
less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general
aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
or any persons retained by the Consultant in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
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written on a per occurrence for bodily injury and property damage in an amount not less than
$1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any
automobile.
(d) Professional Liability. Professional liability insurance appropriate to the
Consultant’s profession. This coverage may be written on a “claims made” basis, and must include
coverage for contractual liability. The professional liability insurance required by this Agreement
must be endorsed to be applicable to claims based upon, arising out of or related to services
performed under this Agreement. The insurance must be maintained for at least 5 consecutive
years following the completion of Consultant’s services or the termination of this Agreement.
During this additional 5-year period, Consultant shall annually and upon request of the City submit
written evidence of this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City,
its elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers, employees or agents may apply in excess of, and not contribute
with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and
contribution it may have against the City, its officers, employees and agents and their respective
insurers. Moreover, the insurance policy must specify that where the primary insured does not
satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice
by certified mail return receipt requested to the City. In the event any of said policies of insurance
are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance
in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has
provided the City with Certificates of Insurance, additional insured endorsement forms or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City. City reserves the right to inspect complete, certified
copies of and endorsements to all required insurance policies at any time. Any failure to comply
with the reporting or other provisions of the policies including breaches or warranties shall not
affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following “cancellation” notice:
CANCELLATION:
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents
and volunteers are to be covered as additional insureds as respects: liability arising out of activities
Consultant performs; products and completed operations of Consultant; premises owned, occupied
or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The
coverage shall contain no special limitations on the scope of protection afforded to City, and their
respective elected and appointed officers, officials, employees or volunteers. Consultant’s
insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer’s liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At
the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured
retentions as respects City or its respective elected or appointed officers, officials, employees and
volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration, defense expenses and claims. The Consultant agrees that the
requirement to provide insurance shall not be construed as limiting in any way the extent to which
the Consultant may be held responsible for the payment of damages to any persons or property
resulting from the Consultant’s activities or the activities of any person or persons for which the
Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as
provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with
Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall
require the subcontractor to maintain the same policies of insurance that the Consultant is required
to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to
City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold
and save them and each of them harmless from, any and all actions, either judicial, administrative,
arbitration or regulatory claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or
liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein of
Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity
for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’
reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance
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of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of
said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s
fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of Consultant
hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorney’s
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it
fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a wai ver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted
by law, shall apply to claims and liabilities resulting in part from City’s negligence, except t hat
design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of
the negligence, recklessness or willful misconduct of the design professional. The indemnity
obligation shall be binding on successors and assigns of Consultant and shall survive termination
of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated “A” or better in the most recent edition of Best Rating
Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category
Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk
Manager”) due to unique circumstances. If this Agreement continues for more than 3 years
duration, or in the event the risk manager determines that the work or services to be performed
under this Agreement creates an increased or decreased risk of loss to the City, the Consultant
agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt
of written notice from the Risk Manager.
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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts,
invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete and
detailed. The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect, copy, audit and make records
and transcripts from such records. Such records shall be maintained for a period of three (3) years
following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Consultant’s business, custody of the
books and records may be given to City, and access shall be provided by Consultant’s successor
in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in
providing access to the books and records if a public records request is made and disclosure is
required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of
work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees
that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or
will materially increase or decrease the cost of the work or services contemplated herein or, if
Consultant is providing design services, the cost of the project being designed, Consultant shall
promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the “documents and materials”),
including any electronic documents and materials, prepared by Consultant, its employees,
subcontractors and agents in the performance of this Agreement shall be the property of City and
shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or
upon the termination of this Agreement, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights of
ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or
assignment of such completed documents for other projects and/or use of uncompleted documents
without specific written authorization by the Consultant will be at the City’s sole risk and without
liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use,
reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant
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shall have the right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them, and in the event Consultant
fails to secure such assignment, Consultant shall indemnify City for all damages resulting
therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as
“works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby
deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided
Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under. City retains the right, but has no obligation, to represent Consultant or be present at
any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of San Bernardino, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
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Court, venue shall lie exclusively in the Central District of California, in the County of San
Bernardino, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed after
the date of default. Instead, the City may give notice to Consultant of the default and the reasons
for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices
during the period of default. If Consultant does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article. Any failure on the part of the City to give
notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights
or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts t he payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of City
to exercise such right to deduct or to withhold shall not, however, affect the obligations of the
Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any
other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon written notice to Consultant. In addition, the
Consultant may terminate this Contract for cause, upon sixty (60) days’ advance written notice to
City. Upon receipt of any notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer. Except where the
Consultant has initiated termination, the Consultant shall be entitled to compensation for all
services rendered prior to the effective date of the notice of termination and for any services
authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or
such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event
the Consultant has initiated termination, the Consultant shall be entitled to compensation only for
the reasonable value of the work product actually produced hereunder. In the event of termination
without cause pursuant to this Section, the terminating party need not provide the non-terminating
party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to
the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Consultant for the purpose of set-off or
partial payment of the amounts owed the City as previously stated.
7.9 Attorney’s Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such action
or proceeding, in addition to any other relief which may be granted, whether legal or equitable,
shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any
appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable
costs for investigating such action, taking depositions and discovery and all other necessary costs
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the court allows which are incurred in such litigation. All such fees shall be deemed to have
accrued on commencement of such action and shall be enforceable whether or not such action is
prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant’s performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected
class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorney’s fees, incurred by City.
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ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Grand
Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant, to the
person(s) at the address designated on the execution page of this Agreement. Either party may
change its address by notifying the other party of the change of address in writing. Notice shall be
deemed communicated at the time personally delivered or in seventy-two (72) hours from the time
of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or
decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any
of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder
unless the invalid provision is so material that its invalidity deprives either party of the basic benefit
of their bargain or renders this Agreement meaningless.
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9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this
Agreement, nor shall any official, officer, or employee of City participate in any decision relating
to this Agreement which may affect his/her financial interest or the financial interest of any
corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5.
Nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation, including but not limited to the Political Reform Act (Government Code
Sections 81000, et seq.)
Consultant warrants and represents that it has not paid or given, and will not pay or give,
to any third party including, but not limited to, any City official, officer, or employee, any money,
consideration, or other thing of value as a result or consequence of obtaining or being awarded any
agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render this
Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into thi s Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
City of Grand Terrace, a municipal corporation
_____________________________________
_
G. Harold Duffey, City Manager
ATTEST:
_____________________________________
_
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_____________________________________
_
Adrian R. Guerra, City Attorney
CONSULTANT:
CLEANSTREET, a California Corporation
By:
___________________________________
Name:
Title:
By:
___________________________________
Name:
Title:
Address:
_____________________________
_
_____________________________
_
_____________________________
_
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
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SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2019 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(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: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2019 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(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: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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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EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
Consultant shall provide street sweeping services in a thorough and professional
manner, and to provide labor, tools, equipment, materials and supplies necessary to
complete the work in a timely manner that will meet the City’s requirements.
A. Objectives - The primary objectives of the sweeping program are to:
i. Establish and adhere to a regular schedule of performance
ii. Maintain gutter flow lines free of debris for free flow of water
iii. Maintain a state of cleanliness for road safety acceptable to the City and its
residents.
iv. Meet all Federal, State, County and City laws and ordinances
v. Meet South Coast Air Quality Management District (AQMD) requirements
vi. Meet all National Pollution Discharge Elimination System (NPDES)
requirements to remove and properly dispose of dust, silt, dirt, leaves and
other organic and inorganic materials from the City streets prior to such
materials entering the City’s storm drain system.
B. Services
i. Consultant shall furnish all labor, equipment, tools, fuel, insurance,
supervision, disposal costs and materials (except water), to sweep the City’s
streets in accordance with the schedule and specifications contained in this
Exhibit.
ii. During the term of the Agreement, the Consultant shall sweep by machine
all residential public streets, commercial public streets and all the paved
public alleys in the City, in accordance with the sweeping schedule as
established by the City.
iii. Commercial and residential streets are defined for the purposes of this
contract as all areas of public City streets which are paved and which are
regularly used for the operation of motor vehicles.
C. Description of Work
i. City of Grand Terrace (Residential) – One (1) Time Per Month
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1. Between the dates March 1, 2019, and August 31, 2019,
residentially zoned areas shall be swept between 6:00 am and 1:00
pm on Thursdays, which shall comply with the six (6) zone schedule
as provided in Exhibit “A-1.”
2. Commencing on September 1, 2019, residential streets shall be
swept on one side only on an alternating odd/even street address
schedule pursuant to a schedule provided by the City, which may be
modified from time to time by the City.
ii. Grand Terrace Business District – One (1) Time Per Week between 9:00
pm and 6:00 am
1. Both sides of Barton Road from western City limit at 21800 Barton
Road to the eastern City limit at 23200 Barton Road.
2. Both sides of Mt. Vernon from Main (North) to the northern City
limit approximately 1500 feet north of Grand Terrace Road.
iii. Commercially zoned areas shall be swept from 9:00 pm to 6:00 am once a
week.
iv. If any complaints arise from the sweeping times other than the 6:00 am to
1:00 pm times in residentially zoned areas, the Consultant shall work with
the City’s Community Development Department to resolve the issue to the
City's satisfaction.
v. City Lots – One (1) Time Per Month pursuant to a schedule provided by the
City
1. City Hall (22795 Barton Rd., Grand Terrace, California)
2. City Parks: Pico Park, Rollins Park and Fitness Park
3. Senior Center located at 22627 Grand Terrace Rd., Grand Terrace,
California.
vi. Services shall include up to six (6) special events a year that will require
sweeping beyond the schedule of service mentioned above at no additional
charge.
D. Special Requirements
i. The Consultant shall obtain a City of Grand Terrace business license.
ii. Consultant shall utilize a GPS Navigation System with the ability to track
the street sweeping activity and provide a monthly report to the City of the
streets serviced.
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iii. Street sweeping services shall not exceed 8 mph on city streets.
E. Labor, Equipment and Materials
i. The Consultant shall use and furnish at their own expense all labor,
equipment, and materials necessary for the satisfactory performance of the
works set forth in this contract.
ii. The operators shall be competent in all aspects of street sweeper operations.
This includes knowledge of all operational aspects of the equipment used,
knowledge of the California Vehicle Code, knowledge of standard safety
practices, and knowledge of notification procedures should the need arise
to contact City personnel.
iii. The primary equipment shall be of a recognized make and shall be kept in
good and safe repair and not greater than 10-years old for either the chassis
and/or the vacuum system. Semi-annual inspection of all equipment must
be conducted with findings from those inspections to be submitted to the
City in writing.
F. Quality Control
i. Sweeping shall be done in a neat, orderly and professional manner. The
street sweeper shall leave designated areas of sweeping free of dirt, litter,
debris, obstructions, smears and visual dust in accordance with the City’s
standards of cleanliness.
ii. While sweeping shall normally consist of a single pass over an area, the
Consultant shall make additional passes or such extra effort as may be
required to adequately clean the street. Extra effort shall be required when
sweeping equipment leaves a dirt/silt smear in its pathway. Extra effort will
be strictly enforced during and after windy conditions and storm weather.
The cost of any extra effort shall be included in the contract cost.
iii. Items that cannot be swept such as: tree limbs, palm fronds, rocks, trash and
debris shall be removed from the sweeping path by the sweeping operator
rather than going around it. Larger obstructions such as impaired vertical
and/or horizontal clearance by tree limbs, construction or landscaping
debris shall be immediately reported to the City when the location cannot
be swept.
iv. The City Manager or his/her designee shall be the sole judge of the quality
of work. In the event that the results of a sweep are considered to be
unsatisfactory, the City will notify the Consultant of exact location and
description of deficiency. The Consultant shall completely re-sweep the
unsatisfactory area at its own expense and shall provide responses within
one (1) working day of receiving notice of the deficient sweeping.
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v. The Consultant shall also provide back-up capabilities for instances when
sweeping cannot be completed on schedule due to street sweeper
mechanical failure.
G. Emergency Sweeps
i. Consultant shall also provide emergency street sweeping for events such as
non-hazardous spills, accident clean-ups and unusual conditions. Such
emergency street sweeping services shall be provided by Consultant after-
hours and on weekends and holidays as may be needed from time to time.
Consultant shall respond to City within two (2) hours of receiving a
notification of the need for an emergency sweep from the City. Consultant
shall provide City with name and phone number of contact person for after-
hour emergency sweeps, and shall update such information in writing
immediately upon any change in the contact person.
H. Disposal
i. Consultant shall dispose of all refuse and debris collected from sweeping
operations in the City’s Corporate Yard. The cost for disposal is not
included in the Agreement cost.
I. Sweeping Practices and Standards of Performance
i. Areas of Street – Areas of the street to be swept include curb lines along
both sides of the roadway or to the edge of the pavement where no curb
exists, along all curbs on raised medians, over all portions of painted
median, painted left and right turn pockets, and all intersection turn pockets
and arterial intersection center areas and dead spots are to be maintained on
the same frequency as the median or intersection for which they are
associated and included in the curb mile price. Curb returns (radii) at
intersections of arterial and residential streets will be swept along their
entire length and free of debris on scheduled arterial sweeping days.
Excluded from areas to be swept are those that would cause damage to the
equipment used. While Consultant is normally responsible for the 8’ strip
(sweeper width), curb to curb sweeping, an additional width of street may
need to be swept at some locations due to unforeseen circumstances and
shall be included within the curb mile price.
ii. Flow of Traffic – Sweeping shall be accomplished in the same direction as
traffic flow at all times during sweeping
iii. Warning Devices – Vehicles shall be equipped with top-mounted warning
lights (rotating or beacon) visible for 360̊ or comparable traffic safety lights
when sweeping. A rear-mounted left/right arrow stick shall be required for
arterial and bike lane sweepers.
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iv. Sweeping Speed – Sweeping speed shall be adjusted to street and debris
condition with a maximum speed of eight miles per hour (8 MPH). City
streets swept while driver exceeds eight miles per hour (8 MPH) will be re-
swept in their entirety at Consultant’s expense. In addition, a verbal warning
will be given for the first violation. A written warning will be given for the
second violation, and a “Failure to Perform” notice will be issued upon the
third violation.
v. Notification of Non-sweeping – Consultant shall provide City
representatives on a daily basis (when applicable) with a list of all streets
not swept when regular sweeping schedule is interrupted for any reason and
shall deduct said street from Consultant’s invoices for that day/week.
Consultant shall provide a list of streets that cannot be swept to the City by
the end of each day that Consultant is required to sweep streets pursuant to
this Agreement. The City shall notify the Consultant by phone on non-
sweeping conditions due to inclement weather. The City’s notification will
serve as a non-sweep day and Consultant shall not be compensated by the
City unless an alternative sweeping schedule is coordinated by the
Consultant and is submitted to the City for its written approval. The daily
rate will be calculated by the total annual cost divided by the number of
service days.
vi. Holidays and Potential Conflicts with the Waste and Recycling Contractor
– Consultant will observe all City holidays and holidays observed by the
City’s franchised waste hauler. Approved non-sweep days will not be paid
for by the City unless an alternative sweeping schedule is coordinated by
the Consultant and is submitted to the City for its written approval. The
daily rate will be calculated by the total annual cost divided by the number
of service days. Trash and recycling collection days will take priority over
street sweeping days and cannot be bot h performed on the same day.
Currently, the City is serviced by Burrtec Waste Industries, Inc. on Monday,
Tuesday and Wednesday (Fridays for City parks); however, Consultant
shall independently verify Burrtec Waste Industries, Inc.’s schedule within
the City.
J. Water
i. The Consultant shall obtain water for sweeping operations at points
designated by the City. Necessary water shall be furnished at the expense
of the City.
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. In addition to any tangible work products required elsewhere in this Agreement,
Consultant shall prepare and deliver such tangible work products that may be
required by the City from time to time under this Agreement.
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III. In addition to the requirements of Section 6.2 and this Exhibit, during performance
of the Services, Consultant will keep the City appraised of the status of performance
by delivering the following status reports:
A. Consultant shall prepare and deliver such status reports as may be required by the
City from time to time under this Agreement.
IV. All work product is subject to review and acceptance by the City, and must be revised
by the Consultant without additional charge to the City until found satisfactory and
accepted by City.
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Exhibit “A-1”
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Section 3.4, “Term,” is hereby modified as follows (strikethrough represents deleted
language while bold italics represents added language):
“Unless earlier terminated in accordance with Article 7 of this
Agreement, the term of this Agreement shall be from March 1,
2019, to August 31, 2022 this Agreement shall continue in full force
and effect until completion of the services but not exceeding one (1)
years from the date hereof, except as otherwise provided in the
Schedule of Performance (Exhibit “D”). The term of this
Agreement may be extended by two (2) one-year extensions at the
City’s sole discretion.”
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the Services at the rates provided in Exhibit “C-1” of this
Agreement.
II. The City will compensate Consultant for the Services performed upon submission of
a valid invoice to City of Grand Terrace, 22795 Barton Rd., Grand Terrace, CA
92313, to the attention of the City Manager. Each invoice is to include:
A. Purchase Order Number
B. Project name/description
C. Line items for all personnel describing the work performed, the title/classification
under which such personnel is billed, the number of hours worked, and the hourly rate
pay.
D. Line items for all materials and equipment properly charged to the Services.
E. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
F. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
III. The total compensation for the Services shall not exceed $209,977.00 as provided in
Section 2.1 of this Agreement, which is broken down as follows:
A. Services Between March 1, 2019 through August 31, 2019
(i) $26,003 for regular street sweeping services
(ii) $1,250.00 for on-call street sweeping services
B. Services commencing on September 1, 2019 to August 31, 2022
(i) $175,224 for regular street sweeping services
(ii) $7,500.00 for on-call street sweeping services
IV. The Consultant’s billing rates for the Services are attached as Exhibit C-1.
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Exhibit “C-1”
I. For the time period of March 1, 2019, through August 31, 2019, the rates shall
be as follows:
Regular Street Sweeping Services
Residential Daily Rate: Thursdays
between 6:00 am – 3:00 pm
Business District Daily Rate:
Wednesdays to Thursdays between
9:00 pm – 6:00 am
$49.25 per curb mile
On-Call Street Sweeping Services
Hourly Rate: Sunday through Saturday
(on-call and special events as needed)
$105.00 per hour
II. Commencing on September 1, 2019, the rates shall be as follows:
Regular Street Sweeping Services –
Residential Odd/Even Daily Rate:
Thursdays between 6:00 am – 3:00 pm
Business District Daily Rate:
Wednesdays to Thursdays between
9:00 pm – 6:00 am
$55.31 per curb mile
On-Call Street Sweeping Services
Hourly Rate: Sunday through Saturday
(on-call and special events as needed)
$105.00 per hour
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the schedule
developed by the City and subject to modification by written approval of the Contract
Officer.
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AGENDA REPORT
MEETING DATE: February 12, 2019 Council Item
TITLE: Professional Services Agreement Between the City of Grand
Terrace and Hirsch and Associates, Inc.
PRESENTED BY: Sandra Molina, Planning & Development Services Director
RECOMMENDATION: 1) Approve a Contract with Hirsch and Associates, Inc.
in the amount of $145,510.00 for Design Services (Phase 1),
subject to City Attorney and City Manager approval;
2) Approve the appropriation in the amount $145,510
from the Parks Fund fund balance for the contract with
Hirsch and Associates; and
3) Authorize the City Manager to Execute the Contract,
and to Make Any Amendments Necessary to Complete the
Project.
2030 VISION STATEMENT:
This item supports Our Vision that “Grand Terrace is an exceptional ly safe and well
managed City, known for its natural beauty and recreational opportunities…” and Goal
#4 - Develop and Implement Successful Partnerships through the design and planning
of the Blue Mountain Nature Trail and Trailhead.
BACKGROUND:
The City owns three separate parcels, acquired in 1982, that total approximately 21.75
acres of land at the northeast corner of Van Buren Avenue and Observation Drive. The
land is designated as Public on the General Plan Land Use Map and as Public Facilities
on the Zoning Map. The largest parcel is 20 acres of land and Exhibit 4.1 - Recreational
Resources of the General Plan Open Space and Conservation Element - designates the
20 acres as a public park. The properties were accepted from the developer, Griffin
Homes, in lieu of Park Fund fees.
These planning documents, along with the history that the properties were accepted in
lieu of park fees, demonstrate the intent and purpose of the City to establish a public
recreation facility on the properties.
The City applied for and was awarded a $212,552 Habitat Conservation Fund grant to
construct a Blue Mountain Nature Trail and Trailhead on the properties owned by the
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City. The City applied for grant funding to assist in the construction of a legal access
point up to the top of Blue Mountain. Currently there is no legal means to access Blue
Mountain for hiking other than the annual Blue Mountain Hike. The proposed trail and
trailhead are intended to provide a place for hikers to park and a trail to connect to the
existing access road for hiking. The trail would connect to the existing Blue Mountain
access road which is on private property. The property owner has agreed to grant the
City public access onto the property to construct the trail connecting to the access road.
Once the path of the trail is determined, the public access easement can be refined.
DISCUSSION:
On October 26, 2018, the City let out a Request for Proposals for design and
construction management services. Responses were due on November 15, 2018, and
no responses were received. On December 12, 2018 a second Request for Proposals
was let out and three responses were received by the January 4, 2019 deadline. Both
RFPs was emailed to 14 firms with experience in engineering and/or landscape
architecture.
The three responses were reviewed by City Staff. Staff interviewed two of the firms.
Based on the review of the proposals and the interviews, Staff rated Hirsch and
Associates the highest. Hirsch and Associates demonstrated an understanding of the
project and required services and possess the experience and capacity to perform the
work.
Proposer Design/Admin
Transtech $226,365
Hirsch and Associates, Inc $210,870
KOA Engineering $452,345
The work will be done in two phases. Phase 1 is the design work. Th e scope of work for
the design includes community outreach, design of the park, presentation of the plans to
the City Council, and preparation of the construction document (plans, specification and
engineering). At the end of Phase 1, a construction estima te will also be available, and
this will also be provided to the City Council.
Phase 1 also includes Task 2.a to design conceptual plans for a Blue Mountain
identifier. Once a concept is identified, construction costs can be determined for the
Council to decide to move forward on. With the addition of Task 2.a the total cost for
Phase 1 is $145,510.
Phase 2 is preparation of the bid documents, construction and labor support. Staff will
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return to the Council for approval of Phase 2.
Attached are a copy of the Proposal submitted by Hirsch and Associates, and the
Contract for Phase 1 of the professional services that Staff is recommending the
Council approve.
FISCAL IMPACT:
Staff is requesting City Council to approve the appropriation of $145,510 from the Parks
Fund fund balance for the proposed contract with Hirsch and Associates, as shown
below:
Description Amount
Parks Fund (Fund 13) fund balance $208,734
Phase 1 - Hirsch and Associates, Inc ($145,510)
Revised Fund Balance $63,224
ATTACHMENTS:
• PROPOSAL COMPLETE - 2-1-19 (PDF)
• Contract Services Agreement -Blue Mtn_HAI 2.5.19 (DOCX)
APPROVALS:
Sandra Molina Completed 01/30/2019 5:18 PM
City Attorney Completed 02/06/2019 1:38 PM
Finance Completed 02/06/2019 6:01 PM
City Manager Completed 02/06/2019 6:54 PM
City Council Pending 02/12/2019 6:00 PM
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Creating Award Winning Parks & Recreational
Facilities Since 1977
2221 E. Winston Road, Suite A, Anaheim, CA 92806-5540
Phone 714.776.4340 Fax 714.776.4395 www.hailandarch.com LA #1710
Hirsch & Associates, Inc.
Landscape Architecture & PlanningHAI Hirsch & Associates, Inc.
Landscape Architecture & PlanningHAI
ORIGINAL
Proposal for
Project Design, Engineering and Construction Management Services for
The City of Grand Terrace, CA
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Ms. Sandra Molina February 1, 2019
Director of Planning and Development Services
22795 Barton Road
Grand Terrace, Ca. 92313-5295
Proposal – Design, Engineering and Construction Management Consulting Services
Blue Mountain Trailhead and Trail Project.
Dear Ms. Molina,
Hirsch & Associates, Inc. (HAI) has extensive experience in all aspects of design required for this project and is
pleased to present our proposal for services related to development and management. We have reviewed the
request for proposal and visited the site. Our diverse project experience including State Grant funding and use of
California Conservation Corps in public bid projects allows a thorough understanding of the scope and design work
required. We shall deliver a complete and successful project for the City of Grant Terrace and its residents.
I, Charles Foley, Vice President of HAI will provide personal service and attention to the City of Grand Terrace. I
will have direct and continuous responsibility in all matters dealing with planning and design as well as direct our in-
house design staff, sub consultants, attend coordination/design and Construction Support meetings. I shall be the
contract point of contact and am duly authorized to bind HAI contractually with the City. The proposal shall remain
valid for 90 days from the date of submission. We acknowledge receipt of (1) Addendum. A project schedule has
been included which illustrates a project time line with completion March 2020.
The remainder of the project team is as follows;
Soil Exploration Company Geotechnical Engineering & Infiltration Testing
Blue Peak Engineering Civil Engineering, SWPPP/NOI
Landmark Structures Structural Engineering
GCAP Services Contractor Labor Compliance
Thank you for the time and effort extended in reviewing our proposal and please do not hesitate to call should you
have any questions.
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Understanding. The City of Grand Terrace intends to contract with a Consultant Team to undertake the design,
engineering and construction management of a new Trail Head, Parking Lot, Trail and identified amenities. The
selected team shall provide a scope of service as outlined in Part II – Scope of Work in the Request for Proposal.
The project is partially funded by the California Department of Parks and Recreation Habitat Conservation Fund
Grant. California Conservation Corps involvement in the construction of the facility is required as part of the
Grant award.
Basic Services. Perform all the necessary professional landscape architectural and engineering services in a
timely and professional manner consistent with the standards of the profession.
Project Management. Provide overall project management, project scheduling and consult with all parties and
team members throughout the entire length of the project. Meet with City Staff, and others as directed to
establish communications and formulate working relationships.
City Provided Information. The City shall provide all existing documentation it has on file for the project that
may include existing utility locations and depths, survey/boundary information, copies of easement
documentation, list of agencies having jurisdiction over the project, and the contact person for the agency, street
improvement plans and storm drain plans. HAI, Hirsch & Associates, Inc will make a good-faith effort to verify the
accuracy of such information and utilize it in the preparation of the final working drawings and specifications.
Communication. Participate in consultations and conferences with City Staff and other agencies having
jurisdiction over the Project that may be necessary for the completion of the Project. Such consultations and
conferences shall continue throughout the project duration. Communication will include a combination of email,
telephone and in person meetings at City Hall and/or project site.
Project Feasibility. Provide advice and assistance in determining the feasibility of the Project, analyze the type
and quality of materials and construction methods to be selected, and other initial planning matters.
Budget. Use our best judgment in determining the balance between the size, type and quality of construction to
achieve a satisfactory solution to maintain the City’s stated budget.
Services Not Provided By HAI
• Design/Engineering of prefabricated Restroom Building. The selected building shall be engineered by
the manufacturer who will provide shop drawings, structural and mechanical design/calculations as well
as electrical should the building contain lighting.
• Design/Engineering of prefabricated Bridge. The selected bridge shall be engineered by the
manufacturer who will provide shop drawings and structural calculations including the bridge abutment
design.
• CEQA/Environmental
Methodology/Project Controls
HAI has served as Lead Consultant over the past 40 years on park projects throughout California, Arizona and
Nevada. Every project that we undertake includes monitoring and management of our Consulting Fee,
Construction Budget and Schedule. HAI provides a monthly invoice to our clients for our completed work. The
progress billing contains previous months billing as well as total contract value and associated completion
percentage. The progress billing provides a comprehensive account of where our progress is related to the total
value of the contract.
As it relates to construction schedule and budget. The control for this is set up within the contract bid
documents. The project schedule and completion date is defined in working or calendar days. HAI monitors the
schedule as well as contractor progress billing during the construction process. Site visits are a tool in which to
evaluate completed work in the field versus the monthly billing. The bid specifications also require product
submittals. For this project, critical path items that have long lead times will be the prefabricated Restroom
Building and Bridge as well as Solar Lighting. HAI reviews product submittals and approves prior to ordering.
We alert our clients and contractor to delays for all products required for purchase through the review process.
Finally, construction budget is evaluated with the Schedule of Values. The bid specifications include a Bid
Schedule. The Bid Schedule is typically a Lump Sum not to Exceed that specifies the contractor understands
and acknowledges that all items of work are included with his/her bid. However, we require the contractor to
provide itemized values within a Schedule of Values that we prepare and include in the bid documents. It allows
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HAI and our clients to analyze each portion of work or materials installed and control additive or deductive
change orders based on unit costs provided.
Quality Control/Quality Assurance
HAI has developed a design quality process for the presentation of deliverables that is consistent and replicable
for each deliverable document. Each formal submittal prepared by HAI and team members shall be;
• Reviewed by independent technical staff of the discipline involved.
• Reviewed for coordination and possible interferences by design staff of other disciplines involved.
• Checked by Project Manager for design certification and/or certifies comments for revisions.
• Certified that all comments have been incorporated, checked and back checked in accordance
• Drawings stamped for internal audit as reviewed, checked and back checked. Once all three quality
control checks have been completed, documents are ready for delivery.
Check and Certification of reviewed drawings is undertaken by State Licensed Landscape Architects and
Engineers.
Understanding. The City of Grand Terrace intends to contract with a Consultant Team to undertake the design,
engineering and construction management of a new Trail Head, Parking Lot, Trail and identified amenities. The
selected team shall provide a scope of service as outlined in Part II – Scope of Work in the Request for Proposal.
The project is partially funded by the California Department of Parks and Recreation Habitat Conservation Fund
Grant. California Conservation Corps involvement in the construction of the facility is required as part of the Grant
award.
Basic Services. Perform all the necessary professional landscape architectural and engineering services in a
timely and professional manner consistent with the standards of the profession.
Project Management. Provide overall project management, project scheduling and consult with all parties and
team members throughout the entire length of the project. Meet with City Staff, and others as directed to establish
communications and formulate working relationships.
City Provided Information. The City shall provide all existing documentation it has on file for the project that may
include existing utility locations and depths, survey/boundary information, copies of easement documentation, list of
agencies having jurisdiction over the project, and the contact person for the agency, street improvement plans and
storm drain plans. HAI, Hirsch & Associates, Inc will make a good-faith effort to verify the accuracy of such
information and utilize it in the preparation of the final working drawings and specifications.
Communication. Participate in consultations and conferences with City Staff and other agencies having jurisdiction
over the Project that may be necessary for the completion of the Project. Such consultations and conferences shall
continue throughout the project duration. Communication will include a combination of email, telephone and in
person meetings at City Hall and/or project site.
Project Feasibility. Provide advice and assistance in determining the feasibility of the Project, analyze the type
and quality of materials and construction methods to be selected, and other initial planning matters.
Budget. Use our best judgment in determining the balance between the size, type and quality of construction to
achieve a satisfactory solution to maintain the City’s stated budget.
Services Not Provided By HAI
• Design/Engineering of prefabricated Restroom Building. The selected building shall be engineered by the
manufacturer who will provide shop drawings, structural and mechanical design/calculations as well as
electrical should the building contain lighting.
• Design/Engineering of prefabricated Bridge. The selected bridge shall be engineered by the manufacturer
who will provide shop drawings and structural calculations including the bridge abutment design.
• CEQA/Environmental
Methodology/Project Controls
HAI has served as Lead Consultant over the past 40 years on park projects throughout California, Arizona and
Nevada. Every project that we undertake includes monitoring and management of our Consulting Fee,
Construction Budget and Schedule. HAI provides a monthly invoice to our clients for our completed work. The
progress billing contains previous months billing as well as total contract value and associated completion
percentage. The progress billing provides a comprehensive account of where our progress is related to the total
value of the contract.
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As it relates to construction schedule and budget. The control for this is set up within the contract bid documents.
The project schedule and completion date is defined in working or calendar days. HAI monitors the schedule as
well as contractor progress billing during the construction process. Site visits are a tool in which to evaluate
completed work in the field versus the monthly billing. The bid specifications also require product submittals. For
this project, critical path items that have long lead times will be the prefabricated Restroom Building and Bridge as
well as Solar Lighting. HAI reviews product submittals and approves prior to ordering. We alert our clients and
contractor to delays for all products required for purchase through the review process.
Finally, construction budget is evaluated with the Schedule of Values. The bid specifications include a Bid
Schedule. The Bid Schedule is typically a Lump Sum not to Exceed that specifies the contractor understands and
acknowledges that all items of work are included with his/her bid. However, we require the contractor to provide
itemized values within a Schedule of Values that we prepare and include in the bid documents. It allows HAI and
our clients to analyze each portion of work or materials installed and control additive or deductive change orders
based on unit costs provided.
Quality Control/Quality Assurance
HAI has developed a design quality process for the presentation of deliverables that is consistent and replicable for
each deliverable document. Each formal submittal prepared by HAI and team members shall be;
• Reviewed by independent technical staff of the discipline involved.
• Reviewed for coordination and possible interferences by design staff of other disciplines involved.
• Checked by Project Manager for design certification and/or certifies comments for revisions.
• Certified that all comments have been incorporated, checked and back checked in accordance
• Drawings stamped for internal audit as reviewed, checked and back checked. Once all three quality control
checks have been completed, documents are ready for delivery.
Check and Certification of reviewed drawings is undertaken by State Licensed Landscape Architects and
Engineers.
Scope of Work – Phase I
Task 1 – Administration
• This task includes the project management services including the requirements for meeting
documentation, project schedules, progress reports, invoicing, and administration of Consultant work.
• A kickoff meeting shall be scheduled within the Task Order/Notice to proceed to review Project
objectives and requirements, receive initial information from City/Utilities, establish the communication
plan and protocols, baseline delivery schedule, and address other issues as necessary to ensure
successful Project initiation.
Deliverables: Project Schedule, Progress Reports, Meeting Notes and invoices.
Consultant shall manage the Project tasks herein in order to complete the design work within the approve
Project schedule millstone dates.
Task 2 – Preliminary Design
• Review existing data, such as as-builts, pertaining to the Project
• Survey
AREA
This project covers the Blue Mountain Trail site in Grand Terrace, California. The mapping limits are shown on the
attachments to your e-mail of 12-21-18 and this proposal.
GROUND CONTROL
I will acquire the necessary aerial ground control. The horizontal control will be tied into the street monumentation.
The vertical control will be based upon Mean Sea Level datum tied to local government benchmarks.
A total of seven (7) aerial control points will be required. See the attached imagery for the control point layout.
AERIAL PHOTOGRAPHY
The aerial photography will consist of one (1) flight line and four (4) exposures at an approximate scale of 1”= 300’.
The aerial photography will be flown with a precision aerial mapping camera using black and white film.
TOPOGRAPHIC MAPPING
The topographic mapping will be prepared at a scale of 1"= 40' showing a one (1) foot contour interval in the
southwest corner of the site. The mapping for the remainder of the site will be delivered at 1"= 40' scale with a two
(2) foot contour interval.
The aerial mapping will be field completed on the southwest portion of the site only, showing the utilities, sidewalks,
street curb and gutters on both sides of Observation Street and the street centerline, fences, walls, trails, parking
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area and other planimetric details that are not visible on the aerial photography.
Delivery will include a digital black and white orthophoto in the form of a JPEG file suitable for viewing at a scale of
1"= 20'. The aerial mapping will meet or exceed National Map Accuracy Standards for a 1"= 40' scale map with a
one (1) foot contour interval.
SURVEY DELIVERY ITEMS
Item 1: One (1) set of uncontrolled pdf files of the aerial photography scans.
Item 2: One (1) set of control data and field completion used on the project.
Item 3: One (1) set of digital (AutoCAD) data of the above described DTM
And mapping data
Item 4: One (1) black and white digital orthophoto in the form of a JPEG file.
• Photo document existing conditions
• Conduct Site Analysis to identify opportunities and constraints of the project site.
• Obtain and review preliminary utility information and prepare and send utility notifications to all
utility companies known to operate within the project area to identify the type and locations of utilities
for the Project.
• Develop provisions to accommodate existing and new utility facilities (e.g., maintained in place,
removed, adjusted, abandoned, or installed).
• Effectively identify utilities locations and resolve conflicts on proposed plans to keep Project on
schedule. Prepare Utility Conflict Sheet to summarize conflict and resolution.
• Notify responsible utility owner of necessary facility relocation or adjustment.
• Significant utility impacts shall be reflected in the Project schedule and coordinated to not conflict
with the design work.
• Prepare Geotechnical Report.
- Review soils, geologic data and maps
- Visit park site to observe existing conditions and Hand Auger and collect soil samples as well as perform
infiltration test.
- Field engineer to log excavation and collect soil samples
- Laboratory testing of select soils samples for moisture density, sieve analysis, sand equivalents and corrosion
potential (pH, resistivity, chlorides and water soluble sulfates).
• Conduct first community presentation to introduce project scope, schedule and process. Listen to
concerns and comments the public has related to the project. City provided design concepts as well as
Google Earth images and site photos will be used to describe the project.
• Prepare Conceptual Design plan utilizing the formal survey as the base sheet. The provided preliminary
design shall be the basis of the conceptual design. Verify the preliminary plan horizontal and vertical
control is achievable. Provide design alternates as needed to site the proposed required amenities is
relationship with existing grades and ADA accessible code requirements.
• Obtain restroom design proposals from (3) manufacturers for review and comparison.
• Obtain bridge design proposals from (2) manufacturers for review and comparison.
• Obtain manufacturer options for solar lighting, hydration station, fencing, tables and chairs, parking lot
materials, trail materials, landscape plantings and irrigation equipment/materials.
• Prepare preliminary construction cost estimate.
• Meet with City Staff to review design concept and estimate. Revise as needed based on input received.
• Provide design boards of concepts and amenities to present to the community at second meeting for
review and comment. Include digital presentation of concepts and renderings.
• From input received, revise design concepts as necessary.
• Provide design boards of revised concepts to City Staff for review and comment.
• Prepare final design concepts and cost estimate intended to be presented to City Council.
• Attend City Council Meeting to present the revised/selected concept/estimate to finalize aesthetic
design choice and receive approval.
• Soils/Geotechnical Report and Infiltration test
• Review existing park power plans and determine if existing power is available to power splash pad system.
Task 2.A
• Develop design alternates/concepts for a trail marker at the terminus of the upper trail located at the peak.
HAI shall work with City Staff, Community Members and Council to identify commonalities in interests for
the feature. Prepare design exhibits featuring source images of inspiration, form features and scale.
Exhibits shall be combination of 2 dimensional plan and elevation views as well as 3D sketch up model.
Deliverables: Preliminary Design Concept Drawings and estimate (AutoCAD version compatible with City and
PDF). Renderings of the design concept and amenities exhibit featuring photos of proposed materials (PowerPoint
and Photoshop). Site Survey (AutoCAD version compatible with City and PDF). Preliminary Grading Plan
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(AutoCAD version compatible with City and PDF). Preliminary Wet/Dry Utility Plan (AutoCAD version compatible
with City and PDF). Soils/Geotechnical and Infiltration Test Report. Supporting Documentation
Task 3 – Construction Documentation
Consultant is responsible for developing and assembling Contract Construction Bid Documents (“Bid
Documents”) for advertisement and bidding the Project for construction. Plans shall depict all property/right-of-
way lines and all existing improvements such as, but not limited to, curb and gutter, curb returns, cross
gutters, sidewalk, access, and utilities as shown the existing topographic map. Any removals and possible
relocations shall be shown on a demolition plan. The Bid Documents shall in include all necessary Civil,
Landscaping and Structural (Solar Light Pole Footings only) Construction Plans and supporting documentation
for a complete biddable set. Furthermore, Consultant shall provide Technical Specifications and Cost Estimates
associated with the design plans. All Bid Documents shall be prepared and stamped by a CA licensed
Landscape Architect and Professional Engineer with the appropriate license per each disciplines of work. The
design shall comply with all latest applicable codes, guidelines, and standards with respect to each design
category (i.e. mechanical, plumbing, structural, civil, building, etc.). Plans to be drawn at 1”=20’ and include the
following:
• Title/Index Sheet
• Demolition Plan
• Site/Grading Plan (Civil Engineer shall provide Storm Water Pollution Prevention Plan SWPPP/Notice of
Intent NOI)
• Construction Plans and Details
• Bridge schematic and provided installation details
• Pad and utility stub requirements for placement of the prefabricated building
• Utility Plans (sanitary sewer, storm sewer).
• Site Solar Lighting/Photometric Plan
• Technical Specifications – City shall prepare the boiler plate specifications
• Probable Construction Cost Estimates with back-up/support information on quantities and unit prices.
The Plan format, standard construction notes, and sheet borders shall be commensurate with City
standards.
Deliverables:
75% Full Set Construction Set Drawings (AutoCAD version compatible with City and PDF)
(3 hardcopy sets)
75% Contract Technical Specifications (Word and PDF) (3 hardcopy sets)
75% Engineers Estimate (Excel and PDF) (3 hardcopy sets)
Supporting Design Documentation/Calculations (Word, Excel, and PDF) (3 hardcopy sets)
All applicable plans, technical specifications and construction cost estimates shall conform to City templates.
Consultant shall submit an anticipated plan list with the proposal. All submittals shall be thoroughly checked
as part of the Consultants QA/QC program, inclusive of any independent plan check process. All redlines shall
be attached to each re-submittal with a summary matrix of comments, edits, and responses provided noting
where the revisions have been incorporated into the specific deliverable as necessary.
FINAL DESIGN DELIVERABLE FORMAT
Final Bid Package Submittal (100% PS&E):
• Full Construction Bid Ready Plans (1 PDF file for City duplication and printing and Autocad files)
• Specifications (PDf and DOC file formats)
• Project Cost Estimate (Excel file, and PDF)
• All Supporting Documents(PDF and/or DOC)
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Scope of Work – Phase II
Task 4 – Bidding
• The Consultant shall be available throughout the advertisement and bidding period to provide limited
technical assistance to the City. This requires assistance with bidder's inquiries, preparation of
addenda, and attendance at the pre-bid field meeting. Bidding procedures shall be the responsibility of
the City
Deliverables: pre-bid meeting notes, comments on requests for information, plan/specification
revisions, addendums to bid
Task 5 – Construction Support
• Prepare the Pre-Construction meeting agenda for the City’s review. The following items will be reviewed at
the Pre-Construction meeting:
-Plans, Specifications and Inspection Process
-Submittals and the approval process
-City and State Funds
-Geotechnical Materials Testing and Materials acceptance/approval process
-Impacted Utilities, Coordination with the City, Departments, and other impacted agencies
-Coordination with schools, residents, businesses and similar entities
-Public Notices, construction schedule, and traffic control (if needed)
-Encroachment Permits, if any
-Agreed communication
-Labor Compliance Administration (Interviews, Payroll Reviews, etc.)
-Weekly Statement of Working Day Reports, contract time and progress meetings
-Contract Change Order (CCO) process
-Final project walkthrough, punch list items, preparation of as-built drawings and project acceptance
• Conduct preconstruction meeting with City, GCAP Services and Contractor. Prepare meeting minutes and
distribute to all parties.
Process contractor payment requests and provide City with appropriate backup documentation for work completed.
• Coordinate with City project manager, city staff and inspector as necessary during construction.
• Review contractor prepared construction schedule and verify adherence during the life of the project.
Update schedule and progress verification as field operations continue and change original schedule.
• Review and approve product submittals and shop drawings in accordance with construction documents.
• Attend on-site project meetings to review work of the contractor. Prepare written reports of meetings for
distribution to all parties. Meeting shall occur a minimum of 1 per week. Add additional second meeting per
week when grading and drainage operations require additional oversight. Document what work is taking
place and compare to project schedule. Photo document and include in project log of meetings and
minutes.
• Coordinate with all parties by telephone, fax and e-mail as necessary.
• Contract Change Orders (CCOs) may be requested by the City, Contractor or design engineer. When a
proposed change is requested, HAI will determine the need for the change, check for conformance to
standards, consider other remedies, method of compensation, impact on contract time, estimate of cost,
and the likelihood of final approval.
• If the HAI finds the proposed change is reasonable, a proposed change order file will be established.
Documents prepared by HAI regarding the Change Order will be given to the Contractor for pricing. HAI will
review and evaluate the Contractor’s CCO proposal. Based on the review, HAI will provide a
recommendation to the City. If negotiation is authorized, HAI will perform the negotiations with the
Contractor and prepare the CCO the City’s format for execution.
• Observe and approve all soil preparation material, planting methods, and finish grading prior to planting.
Visit local Nursery and tag plant material for project (3 Nurseries)
• Observe the inspection of the installation of all landscape and irrigation equipment.
• Respond to contractor’s Request for Information (RFI’s) and other questions during project construction.
• Conduct substantial completion review and Contractor and prepare punch list. Review and approve punch
list items upon their completion.
• Conduct final project review upon completion of 30-day plant establishment and 60-day landscape
maintenance periods, and issue letter of acceptance to City of Pomona and LAE.
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• Review and approve all contractor supplied closeout items, manuals and charts for irrigation system,
lighting and building as specified in the contract specifications.
All of the above described documents and additional reports, plans, and specifications will be organized in
accordance with the City requirements. They will be boxed in storage boxes and submitted to the City as
permanent City records.
Task 6–Labor Compliance GCAP
The GCAP team offers solid labor compliance capabilities with extensive experience performing labor compliance
monitoring. The GCAP team is experienced at providing labor compliance guidance to prime and subcontractors at
pre-construction conferences and a variety of labor compliance responsibilities including all aspects of compliance,
such as reviewing certified payroll submittals, confirming all fringe benefit and apprentice requirements are met,
and reviewing interview and daily reports to ensure all labor compliance documentation is accurate and complete.
Our labor compliance consulting services tasks for the City of Grand Terrace will include the following:
Provide review and compliance with the following laws and regulations:
- California Labor Code Sections 1774-1775, 1776, & 1777.5
- Senate Bill 854 (SB 854) and Assembly Bill 219 (AB 219) Requirements
- Federal Davis Bacon (DOL) and Department of Industrial Relations (DIR)
- All documents mandated by State of California, Federal Department of Labor, City of Grand
Terrace and by the contractor.
• Schedule and conduct pre-construction meeting with contractor and subcontractors to review labor
compliance regulations (EEO, Prevailing Wage, and other applicable labor compliance information).
Prepare necessary documentation to be distributed at such meetings.
• Monitor prime and subcontractor(s) payment of applicable prevailing wage rates, payment of training funds,
and ensure employment of properly registered apprentices and that appropriate apprenticeship ratio is
being met.
• Provide discrepancy notices to prime and City of Grand Terrace no less than (1) once per month on all
items missing, incomplete, or incorrect. Follow-up to ensure compliance.
• Provide a recommendation to withhold contract payments and imposing penalties for noncompliance and
forward report of all withholdings to City of Grand Terrace.
• Identify potential labor compliance claim issues before they arise and investigate probable violations and
complaints of underpayments.
• Assist prime and subcontractor(s) with the completion of required labor compliance documentation and
wage determination as necessary or required.
• Assist with Public Works/Prevailing Wage questions, issues, and research as needed or required.
Ensure compliance with all Federal, State, and County laws, regulations, and policies, as required.
Deliverables: Monthly Review Findings Report including inventory of all submissions by the
contractor/subcontractors for the current reporting period (month). Individual findings by subcontractor of all
deficiencies and what has been done by GCAP to compel compliance. Inventory Tracking Sheet, detailed
spreadsheet (by date) that logs certified payroll and ancillary documents, such as Fringe Benefit Statement,
Apprentice Forms, Proof of Training Contributions, proof of eCPR submissions to the DIR. Correspondence
documents of all contact with contractor and subcontractors, documents sent to the DIR and other regulatory
agencies seeking guidance (if applicable). Research statutory/regulatory documents that are used to support
requests for labor compliance documents (as applicable). Completed Jobsite Interview Forms and Photographs.
Certified Payroll and related supporting documents.
City Responsibilities:
The City shall provide the following to assist the Consultant with the Project:
• Existing Utility as-builts for the adjacent streets and utilities.
• Sample contract specifications package (boilerplate)
• CEQA Environmental Document
• Pay for all printing, mailing, overnight transmittal at cost.
• In addition, the City shall be responsible for advertising the Project, holding a pre bid meeting,
receiving contractors’ bids, printing plans and specs for bidding purposes, conducting the bid
opening, preparing the Notice of Award, scheduling and conducting the pre-construction meeting,
preparing and distributing the pre- construction meeting agenda and minutes, and construction
management and oversight.
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Professional Fee Schedule
Professional fees for services stated include all costs for general overhead, profit, and telephone,
clerical, travel and incidental expenses not separately requested by the City. Rates are
guaranteed for the term of the contract.
Professional Rate Schedule
Principal Landscape Architect $150/hr.
Engineer $200/hr.
Associate Landscape Architect $100/hr.
Project Manager $95/hr.
Senior Designer $80/hr.
Technical Staff $75/hr.
Office/Clerical $65/hr.
Project Meetings $600/ea.
Construction Meetings $750/ea.
City Council Meetings $750/ea.
Labor Compliance Manager $110/hr.
Labor Compliance Analyst $85/hr.
Printing Cost - Reimbursable Printing cost is not known at this
time, HAI recommends allocating $3,000, not included in Grand Total above.
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APPENDIX
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Blue Mountain TrailProject ScheduleScope of Work TimeDescriptionFeb 19' Mar 19' Apr 19' May 19' Jun 19' Jul 19' Aug 19' Sep 19' Oct 19'yNotice To Proceed 2/1/19Kick Off Meeting 2/4/19AdministrationDuration of Contract 34 weeks estimatedPreliminary DesignGeotechnical Testing 3 weeksContact Utility Providers 2 weeksSite Survey 4 weeksFirst Community Presentation 3/6/19Site Analysis 1 week
Conceptual Design 4 weeks
Review Design with City 4/9/18
Second Community Presentation 4/16/18
Present to City Council 5/14/18
Construction Documents
75% Completed Plans, Specifcations and Estimates
City Review
100% Completed Plans, Specifcations and Estimates
City Review
Final Bid Package 100% Complete
Project Bidding 4 weeks
Council Award Construction Contract 9/10/19
Construction Begins 10/8/19
Construction Duration 22 weeks/110 Working Days
Construction Complete 3/10/2020
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Fi r m Pr oFi l e
2221 Ea s t Wi n s t o n Ro a d , su i t E a
an a h E i m , Ca l i f o R n i a 92806
714-776-4340 fa x 714-776-4395
W W W .h a i l a n d a R C h .C o m a s l a
Hirsch & Associates, Inc.
Landscape Architecture & Planning
HAI
Stat e m e n t o f Qualification S
Pr o j e c t Di v e r S i t y
Parks & Recreation
Regional Parks
Community Parks
Neighborhood Parks
Sports Facilities
Special Use Facilities
Mini Parks
Universally Accessible Children’s Play Areas
Municipal
Civic Centers
Redevelopment Projects
Landscape Standards & Guidelines
Landscape Plan Check Services
Public Plazas & Fountains
Institutional
School & Campuses
Correctional Facilities
Justice & Police Facilities
Hospital Landscape Planning & Design
Commercial Specialty
Commercial Power Centers Fountains
Office & Business Parks Water Features
Memorials
Residential Transportation
Planned Communities Streetscapes
Single Family Housing Freeway Landscape Design
Model Homes City Monuments
Apartment Complexes Project Monuments
Firm Description
Hirsch & Associates, Inc. established in 1977 and incorporated in
1988 is a leading landscape architectural and multi-discipline firm
created to serve as a knowledgeable and valuable resource to public
agencies and private developers. Our goal is to maintain balance
between design and economics by furnishing client oriented services
tailored to meet the needs of individual projects in a creative, in-
novative, sustainable and cost effective manner.
The knowledge gained on a wide range of projects allows the profes-
sional staff of Hirsch & Associates, Inc. to provide each client with
the experience and understanding of the decision making process,
design parameters, construction standards, water conservation
requirements and current maintenance practices. This experience
equates to well-conceived projects that exceed expectations.
Business Category
Certified Small Business Enterprise (OBE)
Veteran Owned Business Enterprise (VOBE)
McCambridge Park,
City of Burbank
Department of Water & Power Fountain,
City of Burbank
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Fi r m Pr oFi l e
Hirsch & Associates, Inc.
Landscape Architecture & PlanningHAI
Se r v i c e S
la n D S c a P e a r c h i t e c t u r e
Capabilities
In the capacity of primary consultant or development team member,
our professional staff and affiliates are capable of providing complete
landscape architecture, planning and engineering services.
Services
Park Master Planning
Feasibility Studies
Conceptual Studies
Community Outreach
Community Workshops
Sustainable Site Planning
Construction Documents
Project Management
Construction Administration
Low Impact Development
Water Harvesting
Irrigation Design (AB 1881)
Water Auditing
Water Budgeting
Water Consumption Reporting
Recycled Water Irrigation Design
ADA Compliance
Approach
Through our strong commitment to professional integrity and per-
sonal service, Hirsch & Associates, Inc. is dedicated to providing the
comprehensive services necessary to achieve a final project from
conceptualization through completion of construction. Our innovation
and employment of advanced technologies, proven multi-discipline
approach and demonstrated success of each project support this
commitment.
Hirsch & Associates, Inc. understands the many and varied responsi-
bilities and pressures placed upon our clients through the design and
development process. Accurate design and quick response from highly
qualified professional staff members is hallmark to the services we
provide. Long term client relationship is our ultimate goal.
All plans and communications are computer generated, and all consul-
tant team members are connected via the Internet, so data transfer
is quick and efficient. We can interface our services with our clients
in the same manner, if so desired.
Cerritos Towne Center,
City of Cerritos
Betty Lou Lamoreaux Juvenile Justice &
Family Probate Facility, County of Orange
Plaza Park,
City of Fullerton
Glendale Sports Complex,
City of Glendale
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Fi r m Pr oFi l e
Hirsch & Associates, Inc.
Landscape Architecture & PlanningHAI
Fairmount Park,
City of Riverside
Se r v i c e S
co n t i n u e D
Philosophy
Planning, designing and building a project to meet today’s needs
is an all encompassing challenge. The practice of landscape
architecture has become an integrated team effort, carefully
considering the needs and desires of the people who live, work
and play within the projects we design. As landscape architects
and planners, we have a responsibility to the general public to
create the best possible environment. The knowledge to design
this environment is obtained from two sources, our past experi-
ence; which help us provide practical and timely designs within
budget restraints, and our vision of the future; which gives our
designs life and meaning that will grow beyond the present.
Affiliates Services
Architecture
Community Buildings Administration Buildings
Gymnasiums Picnic Shelters
Restroom Buildings Concession Buildings
Engineering
Civil Electrical
Structural Mechanical
Environmental
Construction Administration
Constructability Review Construction Management
Entitlement Processing Value Engineering
Project Management Construction Inspections
Insurance Information
Hirsch & Associates, Inc. maintains the following insurance cover-
age limits may be increased upon request:
General & Automobile Liability
Travelers
Limit: $2 Million & $4 Million Aggregate
Professional Liability
Wesco
Limit: $1 Million
Worker’s Compensation
Travelers
Limit: $1 Million
Central Park,
City of La Palma
Janss Plaza Renovation,
University of California, Los Angeles
Louis A. Pompei Memorial Park,
City of Glendora
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Fi r m Pr oFi l e
Hirsch & Associates, Inc.
Landscape Architecture & PlanningHAI
aw a r D S
Garey Avenue
City of Pomona
Southern California Chapter of the American Public
Works Association (APWA)
2018 Traffic, Mobility and Beatification Award
Mackay Park
City of Cypress
Southern California Chapter of the American Public
Works Association (APWA)
2017 Project of The Year Award
Rivera Park
City of Pico Rivera
Southern California Chapter of the American Public
Works Association (APWA)
2013 Project of The Year Award
Southern California Municipal Athletic Federation
(SCMAF)
2013 Outstanding New Recreation Facility Award
Fairmount Park
City of Riverside
California Park & Recreation Society
2010 Award of Excellence
Category: Community Park
Rotary Centennial Park
City of Long Beach
California Park & Recreation Society
2005 Award of Excellence
Category: Specialty Park
Rotary Centennial Park
Fairmount Park
Rivera Park
Mackay Park
Garey Avenue
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Fi r m Pr oFi l e
Hirsch & Associates, Inc.
Landscape Architecture & PlanningHAI
aw a r D S
co n t i n u e D
Barnes Park
City of Baldwin Park
California Park & Recreation Society
2005 Award of Excellence
Category: Neighborhood Park
Cesar Chavez Park
City of Pomona
California Park & Recreation Society
2004 Award of Excellence
2004 Creating Community Award of Distinction
Category: Neighborhood Park
Plaza Park
City of Fullerton
California Park & Recreation Society
2003 Award of Excellence
Category: Community Park
La Cienega Park
City of Beverly Hills
Los Angeles Magazine Best of Issue
2003 Best Public Tennis Courts
California Park & Recreation Society
1991 Special Award of Excellence
1991 Environmental Planning Award
Category: Special Use Facility
California Landscape Contractors Association
1991 Honor Award
United States Tennis Association
1991 Outstanding Tennis Facility
Janss Plaza Renovation & Men’s Soccer Complex
University of California, Los Angeles
California Landscape Contractor Association
1999 Landscape Beautification Award
Plaza Park
La Cienega Park
Janss Plaza Renovation
Cesar Chavez Park
Barnes Park
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Packet Pg. 233 Attachment: PROPOSAL COMPLETE - 2-1-19 [Revision 1] (2608 : Professional Services Agreement - Hirsch and Assoc)
Fi r m Pr oFi l e
Hirsch & Associates, Inc.
Landscape Architecture & PlanningHAI
aw a r D S
co n t i n u e D
McCambridge Park
City of Burbank
California Park & Recreation Society
1997 Environmental Planning Award
Category: Community Park
Mission Oaks Community Park
Pleasant Valley Recreation & Park District
California Park & Recreation Society
1996 Environmental Planning Award
Category: Community Park
Citrus Park
City of Anaheim
California Park & Recreation Society
1993 Environmental Planning Award
Category: Neighborhood Park
YMCA Ecke Sports Park
City of Encinitas
California Park & Recreation Society
1992 Environmental Planning Award
Category: Special Use Facility
Mission Oaks Park
McCambridge Park
YMCA Ecke Sports Park
Citrus Park
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Packet Pg. 234 Attachment: PROPOSAL COMPLETE - 2-1-19 [Revision 1] (2608 : Professional Services Agreement - Hirsch and Assoc)
Fi r m Pr oFi l e
Hirsch & Associates, Inc.
Landscape Architecture & PlanningHAI
aw a r D S
co n t i n u e D
Cerritos Sports Complex
City of Cerritos
California Park & Recreation Society
1990 Award of Merit
Category: Special Use Facility
Landscape Architectural Foundation
1990 Outstanding Project Award
Category: Special Use Facility
Birdsall Park
City of Rialto
California Park & Recreation Society
1989 Environmental Planning Award
Category: Special Use Facility
Kit Carson Adult/Youth Athletic Facility
City of Escondido
California Park & Recreation Society
1988 Award of Merit
Category: Special Use Facility
San Dimas SportsPlex
City of San Dimas
California Park & Recreation Society
1988 Award of Merit
Category: Special Use Facility
Cerritos Sports Complex
Kit Carson Adult/Youth Athletic Facility
Birdsall Park
San Dimas SportsPlex
G.9.a
Packet Pg. 235 Attachment: PROPOSAL COMPLETE - 2-1-19 [Revision 1] (2608 : Professional Services Agreement - Hirsch and Assoc)
Fi r m Pr oFi l e
Hirsch & Associates, Inc.
Landscape Architecture & PlanningHAI
aw a r D S
co n t i n u e D
Rosewood Park
City of Cerritos
California Park & Recreation Society
1987 Environmental Planning Award
Category: Neighborhood Park
Landscape Architectural Foundation
1987 Outstanding Project Award
California Department of Rehabilitation
1987 Special Achievement Award for
Handicap Accessibility
Don Derr Park & Sports Complex
City of Riverside
California Park & Recreation Society
1985 Environmental Planning Award
Category: Special Use Facility
Verdugo Park
City of Glendale
California Park & Recreation Society
1983 Environmental Planning Award
Category: Community Park
Don Derr Park & Sports Complex
Verdugo Park
Rosewood Park
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Packet Pg. 236 Attachment: PROPOSAL COMPLETE - 2-1-19 [Revision 1] (2608 : Professional Services Agreement - Hirsch and Assoc)
Fi r m Pr oFi l e
Hirsch & Associates, Inc.
Landscape Architecture & PlanningHAI
Pat r i c k l. hi r S c h , aSla
Pr e S i D e n t & ch i e f ex e c u t i v e of f i c e r
Education
Associates Degree with Honors
Engineering & Design Technology
Pensacola College, Pensacola FL
Associates Degree
Horticulture
Fullerton College, Fullerton CA
Registration
Licensed Landscape Architect, California #1710
Licensed Landscape Architect, Arizona #47686
Experience
Mr. Hirsch has over 44 years of professional experience in the
practice of landscape architecture and is recognized as leading
professional in the design of municipal parks design, sports facility
design, streetscapes, commercial retail landscape and community
development projects. Professional dedication is exemplified by
Mr. Hirsch’s service to the State Board of Landscape Architects in
the capacity of examination committee member and co-author
of the irrigation design problem for the California section of the
Uniform National Examination.
Mr. Hirsch is a current member of the American Society of Land-
scape Architects and past director of the American Institute of
Landscape Architects. Through his involvement with the California
Park & Recreation Society, Mr. Hirsch served as instructor for the
Park Design Course of the Pacific Southwest Maintenance Man-
agement School, a capacity that he served from 1990 to 1998.
Mr. Hirsch also serves the profession as a jury member for the
American Society of Landscape Architects (ASLA) Honor and Merit
Landscape Architectural Student Presentation Awards for Cal Ploy
University, Pomona, CA.
Military Service
United States Navy (1968 to 1972)
National Defense Service Medal
US Vietnam Service Medal
South Vietnam Service Medal (Two Bronze Stars)
Armed Force Expeditionary Medal, Korea
Affiliations
American Society of Landscape Architects (ASLA)
California Park & Recreation Society
Glendale Sports Complex,
City of Glendale
La Cienega Park,
City of Beverly Hills
Grijalva Community Park,
City of Orange
LouiS A. Pompei Memorial Park,
City of Glendora
G.9.a
Packet Pg. 237 Attachment: PROPOSAL COMPLETE - 2-1-19 [Revision 1] (2608 : Professional Services Agreement - Hirsch and Assoc)
Fi r m Pr oFi l e
Hirsch & Associates, Inc.
Landscape Architecture & PlanningHAI
ch a r l e S e. fo l e y , aSla
vi c e Pr e S i D e n t
Di r e c t o r o f Pr o j e c t S
Education
Landscape Architecture, BS
California State Polytechnic University,
Pomona, California
Registration
Licensed Landscape Architect, California #5567
Licensed Landscape Architect, Nevada #948
Experience
Mr. Foley joined Hirsch & Associates, Inc. in 1996 and has in-
creased his capacity with the firm to his present position of Vice
President. He is responsible for the design and development of a
wide range of projects for both public and private development
including Commercial/Retail Centers, Master Planned Residential
Community Development, Specialty projects such as Memorials
and Water Features as well as Park and Recreation design. Mr.
Foley is responsible for client contract negotiations, oversight of
staff and project consultants, delivery of product to clients as
well as client relations.
Mr. Foley has proven his design capabilities and project manage-
ment with award winning projects for both public and private
sectors. Awards include two Awards of Excellence in 2005 for
Rotary Centennial Park, City of Long Beach; and Barnes Park,
City of Baldwin Park from the California Park and Recreation So-
ciety. In 2004 Cesar Chavez Park, City of Pomona won an Award
of Excellence and the Creating Community Award of Distinction,
presented by the California Parks and Recreation Society.
Professional Responsibilities
Project Management
Client Contact & Development
Marketing
Project Production
Construction Document Preparation
Construction Support
Community Workshops
Public Meetings
Presentations
Affiliations
American Society of Landscape Architects (ASLA)
ASLA Mentor
California Park & Recreation Society
Packwood Creek,
City of Visalia
Rotary Centennial Park,
City of Long Beach
Cesar Chavez Park,
City of Pomona
Beach Master Plan,
City of Long Beach
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Fi r m Pr oFi l e
Hirsch & Associates, Inc.
Landscape Architecture & PlanningHAI
ma r k a. l. hi r S c h
la n D S c a P e co n t r a c t o r , clia
Se n i o r Pr o j e c t ma n a g e r
Education
Associates Degree,
College of the Redwoods, Eureka CA
Horticulture,
Fullerton College, Fullerton CA
Registration
Licensed Landscape Contractor (C-27) CA #956898
Certified Landscape Irrigation Designer and Auditor, CLIA
#84847
Experience
Mr. Hirsch has 28 years of experience in the landscape
design and construction industry. Before joining Hirsch
& Associates, Inc. 1998, Mr. Hirsch obtained ten years
experience working for a General Contractor, installing
all aspects of landscape construction.
Mr. Hirsch has continued to increase his capacity at HAI,
starting from draftsman to his current title of senior
project manager. Accomplishments during his profes-
sional career including Autodesk/AutoCAD certification,
certified irrigation designer and certified water auditor.
Mr. Hirsch is a licensed landscape contractor in the State
of California.
Professional Responsibilities
Project Management
Construction Management
Construction Support
Water Audits
Water Management
Irrigation Consultation
Presentations
Community Workshops
Conceptual Design Preparation
Construction Document Preparation
Affiliations
IA Irrigation Association
California Landscape Contractor Association
California Park & Recreation Society
Wildlife Conservation Society
Louis A. Pompei Memorial Park,
City of Glendora, CA
Burbank Empire Center,
Burbank, CA
Janss Plaza Historic Renovation,
UCLA Los Angeles, CA
Rio Vista Park
Pico Rivera, CA
Smith Park
Pico Rivera, CA
Sycamore Canyon Park,
Diamond Bar, CA
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Fi r m Pr oFi l e
Hirsch & Associates, Inc.
Landscape Architecture & PlanningHAI
Pa m e l a Br o w n
Se n i o r De S i g n e r
Education
Landscape Architecture, BS
California State Polytechnic University,
Pomona, California
Registration
Licensed Landscape Architect, California #5866
Experience
Ms. Brown joined Hirsch and Associates, Inc. in 2007 with
4 years of previous experience at a large multi-disciplinary
firm in their Landscape Architecture division where she
collaborated on projects with architects, engineers, and
environmental planners. Ms. Brown works closely with
clients and sub consultants to develop various projects
from conceptualization through design development and
lastly to construction documents and support. Ms. Brown
has been involved with a wide range of projects such as
award-winning Park and Recreation Facilities, Sports Parks,
Commercial Retail Centers, and Streetscape Beautifica-
tion. She has also been involved with the design of Spe-
cialty projects such as: water features, water catchment
systems for on-site irrigation use, and rain garden features
that utilize plant material for contaminant filtration.
Professional Responsibilities
Construction Document Preparation
Graphic Design/Rendering
Project Production
Construction Support
Community Workshops/Public Meetings
Subconsultant Coordination
Client Contact and Development
Landmark Square, Cerritos CA
Bradley Park, San Marcos CA
Rivera Park, Pico Rivera CA
Morgan Park, City of Baldwin Park CA
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Fi r m Pr oFi l e
Hirsch & Associates, Inc.
Landscape Architecture & PlanningHAI
Mr. Manny Carillo
Park & Recreation Director
City of Baldwin Park
4100 Baldwin Park Blvd.
Baldwin Park, CA 91706
(626) 814-5269
Mr. Mike Witzanksy
Assistant City Manager
City of Redondo Beach
415 Diamond Street
Redondo Beach, CA 90277
(310) 372-1171
Mr. Andrew Orpe, Senior Analyst
City of Torrance
3031 Torrance Blvd
Torrance, CA 90503
(310) 781-74519
Mr. Kelly Parkins, Superintendent of Parks &
Maintenance
City of Long Beach
333 W. Ocean Blvd.
Long Beach, CA 90802
(562) 570-4895
re f e r e n c e S
Mr. Darren Madkin
Assistant City Manager
City of Perris
101 N. D Street
Perris, CA 92750
(951) 943-6100
Mr. Eric Lopez, CIP Officer
Tidelands Capital Improvement Division
City of Long Beach
333 W. Ocean Blvd., 9Th Floor
Long Beach, CA 90802
(562) 570-5690
Mr. Rene Gurrero, P.E.
Engineering Department
City of Pomona
505 S. Garey Avenue
Pomona, 91766
(909) 620-2881
Mr. Nick Mangkalakiri, Senior Civil Eningeer
City of Cypress
5275 Orange Avenue
Cypress, CA 90630
(714) 229-6729
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St r e e tSc a p eS / tr a nSp o r t a t i o ntr a i lS/tr a nSp o r t a t i o n
Be A c h pe d e s t r I A n pA t h
Lo n g Be A c h , cA
Client
City of Long Beach, California
Contact
Mr. Eric Lopez
Tidelands Capital Projects Program Manager
(562) 570-5690
Consultants
Landscape Architect (Prime Consultant)
Hirsch & Associates, Inc.
Civil Engineer
Blue Peak Engineering
Project Status
Completed June 2015
Project Cost
$5,600,000
Project Description
The City of Long Beach and HAI undertook a Master Plan
study of the City’s waterfront. The Beach Pedestrian
Pathway was one of the identified projects within the
Master Plan. HAI was contracted to design, engineer and
provide construction oversight of the proposed pedestrian
pathway. The intent of the 3.1 mile pedestrian pathway
is to provide an alternate jogging/walking pathway from
the existing 17’ wide concrete bike lane and pedestrian
path, reducing user group conflicts. The new 10’ wide pe-
destrian pathway features a user friendly flexible surface,
distance markers and expanded ramping at the existing pier.
Hirsch & Associates, Inc.
Landscape Architecture & PlanningHAI
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Co m m u n i t y Pa r k s
Hirsch & Associates, Inc.
Landscape Architecture & PlanningHAI
Client Contact
City of Cypress, California Mr. Nick Mangkalakiri, Senior Civil Engineer
City of Cypress
Consultants Cyress, CA 90630
Landscape Architect (Prime Consultant) (714) 229-6729, nmamakai@c.i.cypress.ca.us
Hirsch & Associates, Inc.
Project Status Project Cost Project Size Video Link
Completed November 2017 $2.7 million 2.9-acres http://VIMEO.COM/24888071
Project Description
Mackay Park is developed on a 2.9-acre portion of the former Mackay Elementary School property. The remain-
ing portion of the school site has been redeveloped and features a new residential community. The park design
was derived through community meetings conducted by HAI with area residents, and meeting with City staff,
Park Commission and City Council. The new park will feature both active and passive recreation, user-friendly
activities and utilize sustainable materials and technology. All products and materials will be recyclable, irri-
gation system will be State of the Art conforming to the Landscape Ordinance (AB1881), native plantings in all
non activity areas, lawn areas to be less than 30% of the project area for water conservation, solar lighting for
the walkways and park lighting to reduce power consumption, stabilized DG walking paths and exercise station
to promote heart healthy actives, universally accessible children play areas, half court basketball for active
recreation, prefabricated restroom building, group and individual picnic facilities to promote family activi-
ties, public art area, small parking lot, and a aesthetically pleasing streambed (bio filtration system) that will
capture all storm water run-off allowing water infiltration in to the subterranean surface of the park.
MA C k A y PA r k , Cy P r e s s , CA
Southern California Chapter of the American Public Works Association (APWA)2017 Project of The Year Award
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St r e e tSc a p eS / tr a nSp o r t a t i o ntr a i lS/tr a nSp o r t a t i o n
re d cA r gr e e n w A y
Lo n g Be A c h , cA
Hirsch & Associates, Inc.
Landscape Architecture & PlanningHAI
Client
City of Long Beach, California
Contact
Mr. Eric Lopez, Program Manager Public Works
City of Long Beach
(562) 570-5690
Consultants
Landscape Architect (Prime Consultant)
Hirsch & Associates, Inc.
Electrical Engineering
IDS
Civil Engineer
Blue Peak Engineering
Project Status
Project Completed December 2017
Project Cost
$1.25 Million
Project Size
3.5-acres
Project Description
The City of Long Beach received a (2) State Park Grants to
improve an unimproved section of the abandoned Red Car
Railroad right of way. The 3.5 acre section connects Bel-
mont Heights to the Colorado Lagoon Trail and beach. HAI
was contracted to conceptualize the project and conduct
community meetings to garner support for the project and
educate the public about what the Grant requirements are.
Upon approval, HAI undertook construction documents and
construction support. The City matched Grant moneys to
fund the $1.25 Million dollar project which includes 1,600
lineal feet of 8’ wide colored concrete pathway, LED lighting
on wood posts, trail head nodes at the north and south end
with sitting boulders and coastal native planting, hydroseed
native wild flower and grass mix and new irrigation system.
Additionally, the design and construction schedule was
coordinated with a separate project, the 6th Street Bike
Lane which bisects the Greenway. The jurisdictional agency
approval included County of Los Angeles Flood Control as
the site includes a major drain box its entire length as well
as Chevron Oil Company and Crimson Pipeline as active oil
lines/easement are existing.
G.9.a
Packet Pg. 244 Attachment: PROPOSAL COMPLETE - 2-1-19 [Revision 1] (2608 : Professional Services Agreement - Hirsch and Assoc)
St r e e tSc a p eS / tr a nSp o r t a t i o ntr a i lS/tr a nSp o r t a t i o n
Lo n g Be A c h pI e r pA r k I n g Lo t
Lo n g Be A c h , cA
Hirsch & Associates, Inc.
Landscape Architecture & PlanningHAI
Client
City of Long Beach, California
Contact
Mr. Eric Lopez, Program Manager Public Works
City of Long Beach
(562) 570-5690
Consultants
Landscape Architect (Prime Consultant)
Hirsch & Associates, Inc.
Project Status
Project Completed June 2015
Project Cost
$350,000
Project Description
Hirsch & Associates, Inc. provided the City of Long Beach with design services to reconfigure the existing
parking lot. The adjacent Beach Pedestrian and Bike Path project reconfigured the pathways to enlarge
the ramp crossing at the Pier. In doing so, it displaced 10 parking stalls in the parking lot serving Pier
visitors, restaurants and condominiums. HAI performed the study which proved that restriping and
relocating drives would allow for the 10 lost stalls to be added as well as an additional 8. The project
relocated parking lot lighting and palms trees to accommodate the new configuration, grind and overlay
of asphalt paving, new irrigation and drought tolerant landscape.
G.9.a
Packet Pg. 245 Attachment: PROPOSAL COMPLETE - 2-1-19 [Revision 1] (2608 : Professional Services Agreement - Hirsch and Assoc)
St r e e tSc a p eS / tr a nSp o r t a t i o ntr a i lS/tr a nSp o r t a t i o n
no r t h re d o n d o Be A c h pe d e s t r I A n t r A I L
re d o n d o Be A c h , cA
Hirsch & Associates, Inc.
Landscape Architecture & PlanningHAI
Client
City of Redondo, California
Contact
Mr. Andrew Winje, City Engineer
City of Redondo Beach
(310) 318-0661
andrew.winje@redondo.org
Consultants
Landscape Architect (Prime Consultant)
Hirsch & Associates, Inc.
Project Status
Plan Check Review,
Construction Spring 2019
Project Cost
$500,000
Project Size
1.2-acres
Project Description
The City currently has an agreement with Southern California Edison (SCE) to use their power line right of way
for active recreation use. The right of way contains a paved bike and pedestrian trail for most of its 4,000’
length. HAI was is contracted with the City to design and provide construction support for the first phase of
improving the pathways. Phase I is located at the busiest intersection of the pathway at Artesia Blvd. and
includes both southern and northern parcels. Improvements include new decomposed granite pedestrian
trails adjacent to concrete pathway, new permeable paving parking lot for 26 vehicles, solar lighting for both
the pathway and parking lot, ADA compliance reconstructing portions or sidewalk and pathway that are not
ADA assessable, drought tolerant landscape and new irrigation system. Locations for future outdoor exercise
equipment have been identified. It is intended that Phase I shall be the model for future phased improvements.
The project is currently under review with SCE and the team expects approval of plans by SCE for bidding in
January 2019.
G.9.a
Packet Pg. 246 Attachment: PROPOSAL COMPLETE - 2-1-19 [Revision 1] (2608 : Professional Services Agreement - Hirsch and Assoc)
7535 Jurupa Avenue, Suite C
Riverside, CA 92504
(951) 688-7200
(951) 688-7100 Fax
Soil Exploration Company offers comprehensive consulting services in environmental engineering,
geotechnical engineering, and geotechnical construction services and testing. Our services have been
applied in planning, design, and construction of municipal, public works, commercial, and industrial
sectors throughout the Inland Empire and Southern California. Our staff includes scientists and engineers
with technical disciplines in:
* Civil/Geotechnical Engineering
* Soil Mechanics
* Earthwork Engineering
* Rock Mechanics Engineering
* Geology Hydrology
* Environmental Engineering
* Materials Testing
* Construction Inspection and Field Testing Services
Our services are available during initial site investigation studies and construction for building
foundation, infrastructures, highways, railroad, transmission lines, grading control, and trench backfill
testing. Our expertise has been used to assist communities, agencies, and industries in the assessment of
soil conditions for foundation and earthwork design and construction for industrial, commercial,
residential areas, development of design criteria for swelling and shrinkage soils, drainage of soils with
high groundwater, investigation of hill slopes to assess stability and in the selection and design of
engineering measures to improve hill slope stability.
We are capable to be site-specific, working and remaining onsite for the duration of the project, and
supplementing our field technical staff. Evidence of reliability and continuity is exemplified by our
numerous satisfied and repeat clients. Soil Exploration Company is committed to provide an exemplary
level of service throughout the duration of projects.
We are located in the City of Riverside and carry insurance coverage, including General Liability, Errors
and Omissions, Automobile, and Workman Compensation.
G.9.a
Packet Pg. 247 Attachment: PROPOSAL COMPLETE - 2-1-19 [Revision 1] (2608 : Professional Services Agreement - Hirsch and Assoc)
SID A. SIDDIQUI, RCE, RGE
President/Principal Engineer
EDUCATION
• M.S., Civil Engineering, University of Minnesota, Minneapolis, Minnesota, 1959
• B.S., Civil Engineering, University of Karachi, Pakistan, 1955
PROFESSIONAL REGISTRATIONS
• California, RCE 19915 California, RGE 775
• Arizona, RCE 8086 Nevada, RCE 3123
EXPERIENCE
Mr. Siddiqui has over 35 years of professional geotechnical engineering experience which was devoted to
consulting and design assignments with a major governmental water supply agency (California
Department of Water Resources) and with prominent geotechnical firms. His work included assignments
on earthfill dams, major large diameter pipelines, open channels, reservoirs (California Aqueduct Project),
high-rise structures, infrastructure for major mixed use developments and public works projects.
His experience has led into the application of soil mechanics, foundation engineering, and related earth
sciences to design and construction of earthfill dams, pumping stations, power stations, bridges, water
treatment plants, pipelines, storm drains, drainage channels, multi-story and residential structures and oil
processing facilities. Mr. Siddiqui also has knowledge of and has worked on computer programs for slope
stability, flow nets and seepage studies, caissons and pile foundations, and site soils improvements by
vibroflotation/vibroreplacement.
Mr. Siddiqui's technical knowledge has been demonstrated countless times on projects such as mixed use
subdivisions, grading plan analysis and review, ingrading inspections and consultation, and large diameter
pipe jacking studies under railroads and highways. Many of these projects involved seismic analysis of
subsurface conditions.
Mr. Siddiqui had been the Vice President of Engineering for the Inland Empire area, which encompasses
Victorville, Palm Desert, San Bernardino County, Riverside County, and Temecula areas for Leighton
and Associates, Inc. Since then, his role included QA/QC supervisor on numerous geotechnical
investigations for water related projects, including: Eastside Pipeline for the Metropolitan Municipal
Water District; Fontana Interceptor Relief Sewer Line, Phase I and II for Butier Engineering and Chino
Basin Municipal Water District; Four Relocated Sewer Lift Station Sites in Lake Elsinore for
NBS/Lowry; City of Norco Sewer Assessment District No. 195 for Sewer Improvements including 2 Lift
Stations for Willdan Associates; Booster Pump Station Site for a 2060 pressure Zone Booster Station for
Griffin Homes & Eastern Municipal Water District; and the Woodcrest Water Supply Project in Riverside
for SAWPA & Engineering Science.
Mr. Siddiqui's role on major commercial/industrial/institutional residential facilities included field, office,
and laboratory QA/QC supervision, preparation/review of geotechnical/seismic investigation reports for
major developments including Southridge Village, City of Fontana (3000 acres), Hidden Springs, City of
Moreno Valley (600 acres), Phillips Ranch, City of Pomona (2000 acres), Lusk Highlander, City of
Riverside (200 acres), Fairbanks Ranch, San Diego County (5000 acres), Buie Corona Ranch, City of
Corona (700 acres), Moreno Highland, City of Moreno Valley (3500 acres), several auto malls, regional
shopping centers, flour mills, wind/energy towers, corrections facilities, office buildings, parking
structures, hotels, golf courses, business and professional parks.
G.9.a
Packet Pg. 248 Attachment: PROPOSAL COMPLETE - 2-1-19 [Revision 1] (2608 : Professional Services Agreement - Hirsch and Assoc)
Mr. Siddiqui was also involved in overseeing the geotechnical consulting services and contracts for
Riverside County Transportation Commission (RCTC)- Route 91- five bridge upgrade project, and on-
call geotechnical testing services with Riverside County Road Department, realignment and improvement
of Route 74/Ortega Highway in the Lake Elsinore area in conjunction with Caltrans District 8,
realignment and improvement of Route 178 west of Trona in conjunction with Caltrans District 9,
Interstate 10- multi barrel box culvert project in Rialto in conjunction with Caltrans District 8, Highway
91/McKinley interchange bridge widening/new ramps, Interstate 15/4th Street Interchange new ramps,
and Highway 71 construction (SANBAG).
PROFESSIONAL AFFILIATIONS
• Member, American Society of Civil Engineers
• Member, Consulting Engineers Association of California
• Member, Building Industry Association/Riverside County
• Member, California Council of Civil Engineers and Land Surveyors
• Member, County of Riverside, Grading Appeal Board
PUBLICATION
"Sand Densification by Vibrofloating Methods," California Builder and Engineer, June 1973, v. 79, no.
12.
G.9.a
Packet Pg. 249 Attachment: PROPOSAL COMPLETE - 2-1-19 [Revision 1] (2608 : Professional Services Agreement - Hirsch and Assoc)
Blue Peak Engineering, Inc. • 18543 Yorba Linda Blvd., #235 • Yorba Linda, CA 92886 • 714.749.3077 • 714.281.1640 fax
www.bluepeakeng.com
ROBERT J. DEPRAT, P.E.
PRESIDENT
Education
Bachelor of Science, Civil Engineering
University of California, Irvine
M.B.A.
University of California, Irvine
Registration
Registered Civil Engineer, California #60482
Professional Experience
Mr. DePrat has nearly 20 years of professional civil engineering experience serving clients
throughout California in a wide range of commercial, residential, industrial, office, and mixed-
use projects. His distinguished list of clients served includes Wells Fargo Bank, CB Richard
Ellis, Lennar, The Home Depot, and Southwest Gas. Mr. DePrat has designed and overseen
the construction of several large and complex projects such as CityPlace, an eight-block
mixed-use redevelopment in Downtown Long Beach, and Crossroads Marketplace, a thirty-
acre power retail center in Chino Hills. Along with his depth of experience, Mr. DePrat’s
success lies in his dedication to customer service and maintaining valuable working
relationships among clients, contractors, and local jurisdictions.
Partial List of Project Experience
Southwest Gas Operations Center - Big Bear Lake, California: A 20,000 SF Operations
Center for Southwest Gas. The design included grading, earthwork calculations, erosion
control, domestic water, fire water, sewer, and site retaining walls. Blue Peak Engineering also
managed the entitlement process, including the Initial Study and Mitigated Negative
Declaration, through the Planning Department of Big Bear Lake
Yucaipa Valley Water District - Yucaipa, California: Designer and Project Manager for over
4,000 LF of public domestic water, recycled water, fire water and sewer for Yucaipa Valley
Water District in the City of Yucaipa, CA. This project completed the loop connecting the
Chapman Heights subdivision project and the Yucaipa Blvd. utility mains between 6 and 7
Streets.
th th
G.9.a
Packet Pg. 250 Attachment: PROPOSAL COMPLETE - 2-1-19 [Revision 1] (2608 : Professional Services Agreement - Hirsch and Assoc)
Blue Peak Engineering, Inc. • 18543 Yorba Linda Blvd., #235 • Yorba Linda, CA 92886 • 714.749.3077 • 714.281.1640 fax
www.bluepeakeng.com
Frito Lay Distribution Center – Riverside County, California: Designer and Project
Manager for a 54,000 SF distribution warehouse facility for Frito Lay. The design included
grading, earthwork calculations, erosion control, domestic water, fire water, sewer, and street
improvements as well as a detention basin and over 1,800 LF of retaining walls.
Hi-Desert Water District – Yucca Valley, California: Designer and Project Manager for
stormwater mitigation measures required by the Colorado River Basin Water Quality Control
Board for Hi-Desert Water District’s Nitrate Treatment Plant in Yucca Valley, CA. The design
included access road design, underground storm drain, above ground drainage channels,
erosion control and over 1,000 LF of stormwater diversion walls. Complete Bid Specifications
were also prepared by Mr. DePrat for this project.
Children’s Lighthouse Day Care Center – Riverside, California: Designer and Project
Manager for a Day Care Center in Riverside, CA. The design included grading, earthwork
calculations, erosion control, domestic water, fire water, and public street improvements. Due
to the topography of the project, a sewage ejection system was designed to bring sewage from
the building exit up approximately 10 feet in height to the existing sewer main located in the
adjacent street.
Santa Margarita Parkway & Interchange Plaza Intersection Improvement – Rancho Santa
Margarita, California: Designer and Project Manager for intersection improvements on Santa
Margarita Parkway along the CalTrans Right-of-Way for State Route 241. Design included
street and median improvements, traffic signal modifications and traffic control plans as well as
agency coordination between City of Rancho Santa Margarita, County of Orange and
CalTrans.
CityPlace - Long Beach, California: Designer and Project Manager for an urban retail
development in the heart of downtown Long Beach, California covering eight city blocks. The
city street grid was reintroduced by reopening Fourth and Fifth streets through the project. At
several locations, street-level retail was constructed below residential units. CityPlace features
approximately 450,000 square feet of retail space and 341 residential units (120 residential
condominiums and 221 apartment rental units). Wal-Mart, Albertsons, Sav-on, Nordstrom
Rack, and Ross Dress For Less, anchor the site.
Crossroads Marketplace - Chino Hills, California: Designer and Project Manager for nearly
500,000 sq. ft. of big-box retail alongside over 200,000 sq. ft. of restaurants and specialty
shops. Costco, Lowe's Home Improvement, Sport Chalet, Sav-On Drug, Bed Bath & Beyond,
and Stein Mart anchor this power center.
Restaurant Depot – Colton, California: Designer and Project Manager for a 75,000 SF
warehouse facility. The design included grading, earthwork calculations, erosion control,
domestic water, fire water, and sewer. A bio-swale system was designed lining the frontage of
the project to meet water quality guidelines and post-development hydrology requirements.
G.9.a
Packet Pg. 251 Attachment: PROPOSAL COMPLETE - 2-1-19 [Revision 1] (2608 : Professional Services Agreement - Hirsch and Assoc)
RESUME
Michael Reed
Michael Reed
Electrical Project Manager
27 Years of Experience
<1 year with IDS Group (12/2015)
Mr. Reed has 27 years of electrical engineering experience in municipal, street lighting,
park/recreation, community center and commercial projects. He is versed in all California Title
24 lighting design requirements. Mr. Reed has provided electrical engineering services
encompassing both design and field work for thousands projects of which hundreds were
directly for municipalities.
Mr. Reed successfully partnered with his father in operating Reedcorp Engineering, a well-
known and respected electrical consulting engineering firm, eventually becoming the Principal
and for several years before joining IDS Group.
His current responsibilities include supervision of the production of electrical construction
documents, schedules, specifications. cost estimates and bid contract assistance for all facets
of municipal and commercial electrical design projects.
Education
Bachelor of Arts - Computer Science – Baltimore, MD
Cad Design – Fullerton, CA
Professional Affiliations
International Dark-Sky Association (IDA)
Illuminating Engineering Society of North America (IESNA)
Selected Recent Design Project Experience
Arlington Heights Sports Complex, Riverside (3/2009-10/2011)
Provided electrical design for a 35-acre sports park that features 3 lighted ballfields
(including 2 baseball fields and 1 softball field) with overlay soccer/football fields; four
lighted multipurpose soccer/football fields; two lighted basketball courts and 300 onsite
parking spaces, a neighborhood park within the sports park that incorporates picnic areas,
playgrounds and a waterplay area. Also 1 concession building, 1 restroom building and 6
picnic shelters.
Audie Murphy-Ranch Sports Complex and Skate Park, Menifee (4/2012 – 5/2013)
11-acre park that features a lighted skate park, baseball and soccer fields, basketball
court, tot lot and playground. Also features 2 restroom buildings and security cameras
throughout the park site.
Bellis, Boisseranc and San Antonio Parks Sports Lighting Replacement, Buena Park
(2/2012 –4/2013)
Upgraded 43 existing sports lighting poles with 188 new sports lights, added 8 new sports
poles with 40 new lights, added new automated lighting controls for all lights and replaced
3 existing electrical services and switchgear across three park sites.
Garvey Park Lighting Addition (3/2015 – 6/2015)
One existing ballfield with 5 new sports poles using 20 new LED sports lighting fixtures.
Imperial Highway Greenbelt Improvements, Brea (11/2013 – 8/2014)
New greenbelt trail lighting, monument signage along 1200’ with photometric study.
G.9.a
Packet Pg. 252 Attachment: PROPOSAL COMPLETE - 2-1-19 [Revision 1] (2608 : Professional Services Agreement - Hirsch and Assoc)
RESUME
Michael Reed
Clara Park Expansions, Cudahy (8/2014 - 12/2014)
Demolition of existing apartment units with new expanded park area walkway lighting,
lighting controls and irrigation pump all connected to existing park electrical service.
PE Greenbelt Trail, Long Beach (11/2015– not yet constructed)
New greenbelt trail lighting along 1500’ utility easement with photometric study.
Platinum Gateway Park, Anaheim (11/2013 – not yet constructed)
Provided perimeter lighting design for a 1.5-acre SCE ROW area.
Spencer's Crossing Dog Park, Riverside (6/2015 – not yet constructed)
Electrical design for new walkway, parking and monument lighting, new restroom building,
dog park area gate locks, 1 new 10 HP irrigation pump and trail lighting along +2000’ of
utility easement.
G.9.a
Packet Pg. 253 Attachment: PROPOSAL COMPLETE - 2-1-19 [Revision 1] (2608 : Professional Services Agreement - Hirsch and Assoc)
Landmark Structures Inc.
Structural Engineers
TONY HOBALLAH, P.E., S.E.
Civil / Structural Engineer
Mr. Hoballah has over 26 years of Structural Engineering design experience. He has
successfully completed numerous new projects on a diverse cross-section of
building types in Educational, Healthcare, Commercial, Hospitality, Governmental,
Transportation, Institutional, Entertainment and Industrial sectors. He has also
executed numerous Seismic Rehabilitation Projects.
As a Civil, Structural Engineer has successfully completed numerous projects ranging
from low to medium-rise structures in concrete, masonry, wood, Steel and light-
gage materials. In addition to his design skills, Mr. Hoballah is involved in the
project construction administration and field work. He has experience in
coordinating work with contractors and municipalities in both the private and public
sector.
PARTIAL RELEVANT PROJECT EXPERIENCE
Los Angeles World Airport (LAWA) 2014 – Present
San Francisco Airport
Burbank Airport
Structural Engineer
Provide structural design (gravity and seismic) for transformers, condensers
and mechanical equipments
Detailed suspension support and rooftop pads
Performed field inspection upon request
Consolidated Container Company 2013
Gravity and seismic design for chiller anchorage and pads
Seismic pipe and suspension support to roof beams
Design of ground piping support
ELVCR 2012
Gravity and seismic design for anchorage and pads for mechanical
equipment
Hilton Del Mar
Retrofit of the subfloor corroded decking steel beams and spalled concrete
piers
Pick A Part 2010
Seismic design for anchorage and pad supports for hydraulic equipment
(generator container, baler, crusher, etc.…)
Los Angeles Academy Central Plant 2008
Gravity and seismic design for the supports of the chillers
YEARS OF EXPERIENCE
26+
EDUCATION
University of
Southern
California,
Bachelor of
Science, 1984
Cal Poly Pomona,
Masters of
Engineering with
Structural
Emphasis, 1986
SOFTWARE
Safe
Etabs
Enercalc
CERTIFICATIONS/
LICENSES
Professional
Engineer,
California
C42264
Structural
Engineer,
California
(S4124)
AFFILIATION
Structural
Engineer
Association of
Southern
California
G.9.a
Packet Pg. 254 Attachment: PROPOSAL COMPLETE - 2-1-19 [Revision 1] (2608 : Professional Services Agreement - Hirsch and Assoc)
TONY HOBALLAH
Structural Engineer
2600 E. Pacific Coast Hwy., Suite 170,
Long Beach, CA. 90804
P:562.498-9166
F:562.498-9377
Email:thlsi@msn.com
Page 2 of 2
Seismic support of piping suspension
Los Angeles County Men’s Jail Retrofit 2007 - 2008
Provided temporary shoring for beams while designing new column supports
Provided field support through construction
Long Beach Senior Center 2006 - 2007
Seismic bracing of electrical panel
Gravity and seismic piping suspension support
Seismic design of support pads for boiler
Long Beach Police Shooting Range 2005 – 2006
Seismic analysis of the shooting range building
Our Lady Queen of Angels Catholic Church 1996
Inspected corroded tower columns and recommended testing procedures to provide retrofit design
criteria
Provided appropriate details for the retrofit
G.9.a
Packet Pg. 255 Attachment: PROPOSAL COMPLETE - 2-1-19 [Revision 1] (2608 : Professional Services Agreement - Hirsch and Assoc)
LABOR COMPLIANCE SERVICES – LAE Associates, Inc.
5
FIRM’S EXPERIENCE & REFERENCES
Project descriptions and references provided below demonstrate GCAP’s experience and expertise.
CLIENT/REFERENCE INFO SUMMARY OF EXPERIENCE
Parsons/RCTC
Michael Wuflestad, Sr. Contracts
Manager
2455 Anselmo Drive, 2nd Floor
Corona, CA 92879
(951) 280-6357
Michael.Wuflestad@parsons.com
Labor Compliance Services
GCAP was selected by Parsons to perform a wide range of Labor
Compliance and DBE support services for the Riverside County
Transportation Commission’s SR 91 Corridor Improvement
project. GCAP is responsible for all Labor Compliance duties
including weekly review of certified payroll reports (via
ConstructWare Autodesk software), verification of apprentice
ratios, jobsite interviews, and preparation of monthly client
reports (reference Exhibit B for detailed information).
Los Angeles Metropolitan
Transportation Authority, CA
Paula Jurado, Senior Labor, Wage &
Retention Programs Officer
Diversity & Economic Opportunity
Department
One Gateway Plaza
Los Angeles, CA 90012-2952
(213) 922-7669
juradop@metro.net
Labor Compliance
As part of a joint venture (Metro Compliance Services - MCS),
GCAP is a member of the Labor Compliance Services Bench for
the Los Angeles Metropolitan Transportation Authority (Metro).
MCS has been awarded five (5) task orders to date by Metro.
MCS is currently performing Labor Compliance Support for
Metro on the West Side Subway Extension. Tasks on this project
include all facets of monitoring, using Metro’s online LCPtracker
system. Responsibilities include: certified payroll review, jobsite
interviews, periodic audits, regulatory analysis, and report
preparation (reference Exhibit B for detailed information).
Los Angeles County Department of
Public Works – Various Projects
Chandra McLoud, Office Engineer
LA County Dept. of Public Works
Construction Division
900 S. Fremont
Alhambra, CA 91802
(626) 458-3165
cmcloud@dpw.lacounty.gov
As-Needed Labor Compliance Consultant Services
GCAP participates on the labor compliance support services
bench and performs the following activities on awarded various
projects: certified payroll review, audits, compliance
enforcement, pre-bid and pre-construction meetings,
monitoring the Local Worker Hiring Program requirements,
preparation of monthly and annual reports (reference Exhibit B
for detailed information).
G.9.a
Packet Pg. 256 Attachment: PROPOSAL COMPLETE - 2-1-19 [Revision 1] (2608 : Professional Services Agreement - Hirsch and Assoc)
LABOR COMPLIANCE SERVICES – LAE Associates, Inc.
6
San Bernardino County
Transportation Authority (SBCTA)
Michael Barnum, Construction Manager
1170 W. Third Street, San Bernardino, CA
92410
(909) 884-8276 X 153
mbarnum@gosbcta.com
Labor Compliance and Audit Procedures
SBCTA appointed GCAP as one of two contractors on their Labor
Compliance Bench to provide labor compliance support services
for various transportation construction projects. GCAP
developed SBCTA’s labor compliance procedures and audit
process as well as served as labor compliance liaison officer
while supporting SBCTA. Responsibilities include performing
quarterly labor compliance audits, and certified payroll reviews.
The Nickerson Company, City of El
Monte
Vernon Nickerson, President
8939 S. Sepulveda Blvd., #526
vernon@thenickersoncompany.com
Labor Compliance Support
GCAP was selected by The Nickerson Company, a construction
management firm, to perform labor compliance monitoring for
the $1.2M pavement rehabilitation construction project. The
project was a HUD, Section 3 construction contract for the City
of El Monte, with a portion of the funds coming from grant
funds through CalRecycle Rubberized Pavement Grant Program.
Project was completed in July 2017.
G.9.a
Packet Pg. 257 Attachment: PROPOSAL COMPLETE - 2-1-19 [Revision 1] (2608 : Professional Services Agreement - Hirsch and Assoc)
LABOR COMPLIANCE SERVICES – LAE Associates, Inc.
7
RELEVANT EXPERIENCE
Project descriptions in the table below are demonstrative of GCAP’s vast labor compliance experience.
CLIENT RELEVANT EXPERIENCE
Parsons/RCTC
Labor Compliance Services
GCAP was selected by Parsons to perform a wide range of Labor
Compliance and DBE support services for the Riverside County
Transportation Commission’s SR 91 Corridor Improvement
project. GCAP is responsible for all Labor Compliance duties
including weekly review of certified payroll reports (via
ConstructWare Autodesk software), verification of apprentice
ratios, jobsite interviews, and preparation of monthly client
reports.
Los Angeles Metropolitan
Transportation Authority
Labor Compliance
As part of a joint venture (Metro Compliance Services - MCS),
GCAP is a member of the Labor Compliance Services Bench for
the Los Angeles Metropolitan Transportation Authority (Metro).
MCS has been awarded five (5) task orders to date by Metro.
MCS is currently performing Labor Compliance Support for
Metro on the West Side Subway Extension. Tasks on this project
include all facets of monitoring, using Metro’s online LCPtracker
system. Responsibilities include: certified payroll review, jobsite
interviews, periodic audits, regulatory analysis, and report
preparation.
Los Angeles County Department of
Public Works (LADPW)
As-Needed Labor Compliance Consultant Services
GCAP participates on the labor compliance support services
bench and performs the following activities on various projects
awarded: certified payroll review, audits, compliance
enforcement, pre-bid and pre-construction meetings,
monitoring the Local Worker Hiring Program requirements,
preparation of monthly and annual reports. Various projects
with LADPW have been completed in the last five (5) years.
G.9.a
Packet Pg. 258 Attachment: PROPOSAL COMPLETE - 2-1-19 [Revision 1] (2608 : Professional Services Agreement - Hirsch and Assoc)
LABOR COMPLIANCE SERVICES – LAE Associates, Inc.
8
San Bernardino County
Transportation Authority (SBCTA)
Labor Compliance and Audit Procedures
SBCTA appointed GCAP as one of two contractors on their Labor
Compliance Bench to provide labor compliance support services
for various transportation construction projects. GCAP
developed SBCTA’s labor compliance procedures and audit
process as well as served as labor compliance liaison officer
while supporting SBCTA. Responsibilities include performing
quarterly labor compliance audits, and certified payroll reviews.
LAE Associates / City of Compton
Labor Compliance Services
GCAP was selected by LAE Associates, a construction
management firm, to perform labor compliance monitoring for
the $1.9M City of Compton Central Avenue Pavement
Rehabilitation project. The Section 3 construction contract
included installation of ADA compliant curb ramps, and sidewalk
improvements. Project was completed in November 2016. Labor
Compliance tasks included:
• Certified Payroll Review
o Reconciliation between Daily Reports and
payroll documents
o Verification of the required certified payroll
reporting requirements.
o Review Non-Standard Deductions and
Supporting Documents
o Verification of Apprenticeship Requirements
o Verification of Trust Funds Payments & 3rd
Party Benefits
o Develop monthly report summarizing
discrepancies and discuss status with client.
• Section 3 HUD Act Economic Enforcement Regulations,
Worker Data Collection, Eligibility and Provisions.
Section 3 Summary Report HUD Form (60002).
LAE Associates / City of Chino
Labor Compliance Services
GCAP was selected by LAE Associates, a construction
management firm, to perform labor compliance monitoring for
the Section 3 construction project, Ramona Avenue Traffic
Signal Modification in the City of Chino. Project was completed
in June 2017. Labor Compliance tasks included:
• Certified Payroll Review
G.9.a
Packet Pg. 259 Attachment: PROPOSAL COMPLETE - 2-1-19 [Revision 1] (2608 : Professional Services Agreement - Hirsch and Assoc)
LABOR COMPLIANCE SERVICES – LAE Associates, Inc.
9
o Reconciliation between Daily Reports and
payroll documents
o Verification of the required certified payroll
reporting requirements.
o Review Non-Standard Deductions and
Supporting Documents
o Verification of Apprenticeship Requirements
o Verification of Trust Funds Payments & 3rd
Party Benefits
o Develop monthly report summarizing
discrepancies and discuss status with client.
• Section 3 HUD Act Economic Enforcement Regulations,
Worker Data Collection, Eligibility and Provisions.
Section 3 Summary Report HUD Form (60002).
• Compile the required data and complete the
"Contractor and Subcontractor Activity" 2516 HUD
Report
The Nickerson Company / City of
El Monte
Labor Compliance Services
GCAP was selected by The Nickerson Company, a construction
management firm, to perform labor compliance monitoring for
the $1.2M pavement rehabilitation construction project. The
project was a HUD, Section 3 construction contract for the City
of El Monte, with a portion of the funds coming from grant
funds through CalRecycle Rubberized Pavement Grant Program.
Project was completed in July 2017.
Labor Compliance related tasks included:
• Pre-Construction/Subcontractor Meeting
• Certified Payroll Review
o Reconciliation between Daily Reports and
payroll documents
o Verification of the required certified payroll
reporting requirements.
o Review Non-Standard Deductions and
Supporting Documents
o Verification of Apprenticeship Requirements
o Verification of Trust Funds Payments & 3rd
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LABOR COMPLIANCE SERVICES – LAE Associates, Inc.
10
Party Benefits
o Develop monthly report summarizing
discrepancies and discuss status with client.
• Section 3 HUD Act Economic Enforcement Regulations,
Worker Data Collection, Eligibility and Provisions.
Section 3 Summary Report HUD Form (60002).
• Compile the required data and complete the
"Contractor and Subcontractor Activity" 2516 HUD
Report
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Sylvia Linn
Background Ms. Linn has extensive experience in labor compliance monitoring,
analysis, audits and implementation of compliance-related processes for
public sector agencies. She possesses an in-depth, practical knowledge of
the regulatory environment, assessment of operational risks and
developing risk mitigation procedures. Ms. Linn is well versed in the
tools and resources to enhance monitoring efficiency and works
extensively with the cutting-edge technology to streamline the process
and reduce risk of error. Ms. Linn’s current responsibilities with GCAP
Services as a Compliance Manager include payroll/wage determination
analysis, and labor compliance monitoring; audits, as well as DBE/SBE
utilization goal monitoring and reporting.
Education Master of Business Administration, 2007
University of Redlands
Juris Doctorate, 1999
Chapman University School of Law
Bachelor of Science, Business Administration, 1993
University of Phoenix
Employment History GCAP Services, Inc 2005 – Present
WBTB, LLC. 2004 – 2005
Law Offices of Lively & Associates 1999-2004
Data Processing Resources Corporation 1991-2009
Relevant Experience
❖ Perform Labor Compliance and DBE project support for major
southern California based transportation agencies. Responsible for
overseeing and managing the labor compliance officer
responsibilities for construction related contracts and providing
oversight of the labor wage monitoring and labor compliance
functions for consultant related contracts. Assists in the
development and implementation of labor compliance procedures
and practices. Also, responsible for overseeing and supporting the
DBE compliance support services related to federally funded
projects.
APPENDIX A - RESUMES
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❖ Support major transportation authority with labor compliance
monitoring using LCPtracker (web-based application) to review
contractor and subcontractor compliance with prevailing wage,
benefit, and apprentice requirements. Responsibilities include
weekly payroll reviews, jobsite interviews, and status reporting.
Monitoring duties also entail ongoing communication with Authority
(agency) and contractor/subcontractors.
❖ Developed Labor Compliance Procedures to provide help the
transportation authorities with document tracking, field activities,
certified payroll reviews, labor and overall requirements monitoring
and enforcement across its three key construction projects.
Additional responsibilities include participation in review of
Certified Payroll records and monthly field interviews and audits.
❖ Perform audit of internal controls for federal and state grants
management for major southland transportation authority.
Disseminate findings, recommendations, and action plan to capitalize
on strengths of current program and correct deficiencies and
weaknesses.
❖ Develop, maintain, and revise policies and procedures for
compliance programs, including labor compliance and federal
compliance requirements with EXEO, ADA, and Title VI
requirements. Assist with the day-to-day execution of compliance
programs.
❖ Teamed with County Project Management in a “visioning” effort for
a countywide e-Procurement solution. Her responsibilities included
interviewing agency personnel, analyzing and documenting
interview and research results. Helped prepare the Request-for-
Information, and subsequent Request-for-Proposal effort, including
participation in response evaluation and vendor selection meetings.
❖ Served as the Quality Assurance Manager for Payroll/Human
Resources application upgrade with the County of Orange. She was
responsible for all project governance tasks, including risk
management and issue tracking. Her responsibilities included
working with Functional and Technical teams to track project status,
ensure procedural compliance, participating in gap analysis, advising
on best practices to meet user requirements, disseminating project
status to user community. She also worked to streamline technical
change management reporting process to reduce redundancy and
promote adherence to project schedules.
❖ Operated as team lead to introduce, train, and implement Human
Resource Workflow application for the County of Orange. She
helped to design and prepare user training manuals, procedure
guides, training curriculum and delivered instructor led sessions for
twenty-six county agencies. Ongoing responsibilities included
identifying and resolving user issues and suggesting alternatives to
improve operational efficiency.
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Kim Morales
Background Ms. Morales is a highly organized and detail-oriented analyst with
a broad range of construction industry experience. She has a
thorough understanding of labor compliance related rules and
regulations. Kim has experience monitoring and ensuring proper
wages are paid and apprentice ratios are accurate. Ms. Morales has
worked with subcontractors and client auditors to resolve labor
compliance related issues. Kim’s responsibilities at GCAP include
certified payroll review for major public works transportation
projects, field interviews, and compliance reporting.
Education Santiago Canyon College Classes
OCEMS EMT Accreditation
EMT Certificate
Employment History GCAP Services, Inc. 2017 – Present
Labor Compliance Analyst Atkinsons Contractors, LLC. 2013 - 2017
Labor Compliance Specialist
LCS Constructors, Inc 2012 - 2013
Administrative Assistant
Relevant Experience
❖ Responsible for review, analysis, and organization of labor
compliance related documents (jobsite interview reconciliation,
certified payroll document management) for major public works
transportation project. Including, report generation and status
updates.
❖ Monitor project apprentice ratios. Ensure correct fringe benefits are
paid. Resolve all labor compliance related issues with subcontractors
and client auditor. Monitor and ensure project workers are receiving
the correct prevailing wage amount as determined by the DIR, Davis
Bacon Act, and Labor Unions.
❖ Organize and maintain labor compliance related files. Ensure
compliance with state and federal standards for document
management.
❖ Developed and performed eligibility audits of participants on the
benefit plans to ensure individual and group compliance. Researched
and implemented regulation changes/updates to compliance
programs. Planned, coordinated and conducted group on-site audits.
Compiled reports for presentation to management and the Board of
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Directors. Created and maintained systems to enhance the work flow
of the organization.
❖ Provide administrative support for accounts payable and payroll
departments. Developed procedures for clerical staff duties and IT
for new employees and client. Manage all company contact
information.
❖ Serve as point of contact for various large public works projects.
Responsible for records maintenance, administrative data entry, and
managing the submission of timesheets by remote workers. Processed
service reports for submission to clients, aggregated daily safety reports,
and prepared weekly updates to the field employee schedule.
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Fred Alamolhoda, P.E.
Principal-In-Charge
EDUCATION: M.S. Civil Engineering, 1990; B.S. Civil Engineering, 1982 California State
Polytechnic University, Pomona
PROFESSIONAL DATA: California Professional Civil Engineer - License No. 41685
QSD - License No. 25835
KEY QUALIFICATIONS: Over thirty-four (34) years of Construction Management (CM),
Project Management (PM), and Program Management experience working for Cities, Los
Angeles County Community Development Commission (CDC), Caltrans and Consulting
Firms. Over fourteen (14) year of CM and CM Oversight experience managing transportation,
street, parks and recreation projects, inter-acting with Cities, Counties, Caltrans, other
State/Federal, Design, Environmental, Geotechnical, CM, traffic Consultants, Railroads,
Utility Companies, Contractors, and the General Public. The qualifications include managing
a variety of federally funded construction projects, inter -action with Caltrans, Federal Highway
Administration (FHWA), and other agencies involved. T he experience includes participation in
Caltrans/FHWA’s review/audit meetings, and successfully completing the review/audit
processes.
EXPERIENCE:
➢ Pre-construction Phase: As a Construction Manager, routinely prepare Request for
Authorization (RFA/E-76 application) to Proceed with construction of federally funded
projects; review Plans, Specifications & Estimates (PS&E) Packages, plan, schedule pre-
construction meetings, prepare agendas, and conduct pre-construction meetings, and
prepare minutes. Prepare construction award package for federally funded projects, and
award information for state funded projects for submission to Caltrans. At the pre-
construction meetings, introduce Cities/Agencies’ project team, review lines of
communications, discuss the PS&E Packages, Project Schedules, Two-week Look
Ahead, Work Hours, Night Construction, Contract Term, Weekly Statement of Working
Day reports, Contract Change Orders (CCOs) Processes, Progress Pay Applications
Processes, Progress/Field Meetings, Project Budgets and Funding as well as “As-Built”
preparation and processes; discuss Public Outreach approaches, Public Notices, Project
Area Signage, placement of Changeable Message Board signs, coordination with other
agencies, impacted residences and businesses, Traffic Control Plans, Traffic
Management Plans, access to private properties; impacted utilities and utility relocations
schedules and other details; Request for Information (RFIs), submittals such as Asphalt
Concrete and Portland Cement Concrete (PCC) and other Materials Mixed Designs,
Certificates of Compliance, Shop drawings, Solid Waste Management and Recycling
Plans; Encroachment Permits; Project Construction’s Environmental provisions, City or
Agency’s Quality Assurance Programs (QAPs), Geo-Technical, NPDES and SWPPP as
well as construction inspections, Quality Control requirements; Disadvantaged Business
Enterprises (DBE) Programs/Goals, listed sub-contractors, Labor Compliance (LC)
Administration including Equal Employment Opportunity Provisions, submittals of Certified
Payroll Records and other Related Documents, Workers Interview, LC Poster
requirements, and other details.
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➢ Construction Phase: As a Construction Manager, prepare or oversee preparation of
project files, review PS&E Packages for project requirements, review and ensure timely
approval of the Traffic Control and Project Staging Plans, implement the provisions of the
Traffic Management Plan (TMP, review and ensure timely processing of the SWPPP ;
observe contractors and sub-contractors’ operation, communicate with the LAE’s Public
Works Inspectors, Cities/Agencies Project Managers and Inspectors, Utility Companies,
Engineer of Records (EORs), Geo-Technical, Traffic and Traffic Control Consultants,
other on-going construction projects adjacent to the project; review Construction
Schedules, RFIs/RFCs, submittals; prepare log for RFIs/RFCs, CCOs, submittals; review
Daily Inspection Reports, Interview Forms, CCO requests, project inquiries, project
correspondences, public concerns, Progress Payment Applications; prepare Weekly
Statement of Working Day Reports, Independent Cost Estimates (ICE) for CCOs, CCO s,
CCO Memos, letter to property owners, contractors, Utility Companies; review, prepare
and process Monthly Progress Payment Applications, prepare progress invoices for the
reimbursement of federal and state funds from Caltrans/FHWA; oversee administration of
labor compliance, EEO provisions, and compliance with DBE requirements; schedules,
attend, prepare agenda for progress meetings, and prepare minutes; schedule or assist
scheduling for special or deputy inspection, geo -technical, construction staking services;
maintain and/or oversee maintaining project files.
➢ Post Construction Phase: As a Construction Manager, schedule final job
walkthroughs, participate in the walkthroughs, communicate with the Client
Cities/Agencies Project Managers and various departments, Caltrans, Counties, other
cities/agencies, Utility Companies involved in the project construction, prepare and/or
oversee preparation of punch-lists; ensure completion of punch-lists in a timely manner to
the satisfaction of the Client Cities/Agencies and all impacted parties; ensure timely
completion of the “As-Built” Plans and coordinate with the EORs and the Client
Cities/Agencies to finalize the “As-Built” drawings, obtain final project submittals, O&M
Manuals, turn-over items and documentations; complete project files and/or oversee
completion of the project files, and their submission to the Client Cit ies/Agencies; prepare
final invoices for reimbursement of federal/state funds; prepare project closure packages
for federally and state funded projects for submission to Caltrans.
➢ CM / Contract Administration / CM Oversight Clients since 2005: Cities of Azusa,
Baldwin Park, Chino, Claremont, Compton, Diamond Bar, Glendora, La Mirada, Long
Beach, Montclair, Perris, Pomona, San Dimas, San Jacinto as well as Signal Hill.
➢ CM, Contract Administration and CM Oversight as City/Agency Staff: Caltrans,
Cities of Diamond Bar, Ontario, Redlands as well as Los Angeles County Community
Development Commission (CDC).
AFFILIATIONS/ASSOCIATIONS:
➢ American Public Works Association, Member
➢ American Society of Civil Engineers, Member
➢ City County Engineers Association (CCEA) – LA Region, Member
➢ LACO Metropolitan Transportation Authority - TAC and other Meetings, Attendee
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Ken Manera
Senior Construction Observer
EDUCATION: The education background include Military experience and college work consists
of completion of eighty-six (86) units of drafting technology curriculum at San Bernardino Valley
College, night courses in construction technology and methods of inspection at Cal Poly
Pomona.
PROFESSIONAL DATA: Construction of Quality Hot Mix Asphalt Pavement and Nuclear Gage
Operation Certificate; State of California General Engineering Contractors License-A; Public
Works Construction Inspection Course; State Certification for Hazardous Substance Removal
and Remedial Action; various Storm Water Programs and N.P.D.E.S. Workshops (Storm Water
Best Management Practices, Riverside County DAMP, Storm W ater Management Team);
American Concrete Institute Certificate for Field Testing Technician Grade I; APWA Certificate
for Infrastructure Inspector CPII; Airport Pavement Workshops regarding Design, Construction
and Maintenance.
KEY QUALIFICATIONS: Over forty (40) years of experience working for small contract service
and full-service Cities, San Bernardino County as well as private consultant firms. The
experiences include public works inspection, field and office engineering of new street
improvements and existing roadways (curbs, gutters, curb ramps, driveway approaches, sub-
base/base materials, Full Depth Reclamation (FDR), grind/overlay, ARHM, PCC pavement,
petromat, and signage/striping) sewer, waterline, storm drain, parks, airports, commercial and
residential land development, irrigation and landscaping, underground facility installations
projects. Extensive experience in ensuring compliance with contract documents, state laws,
local ordinances, NPDES standards, and proper construction practices.
PRIOR RELEVANT EXPERIENCE:
➢ LAE Associates, Inc.: Senior Construction Observer
Currently, the Lead Construction Observer (CO) for a $1.2 million Federal Safe Routes to
School Project for the City of El Monte. Assigned as the lead CO for a federally funded new
traffic signal installation project for the City of Azusa. In 2018 completed construction
observation of approximately 1,400 Edison street lights for the Cities of San Dimas and Arcadia.
In 2017 was the lead CO for a State funded Safe Streets Pedestrian/Bicycle Improvement
Project in the City of Compton. This project aims to improve pedestrian and bicycle safety for
the communities adjacent to the project area by developing safer pedestrian crossings and
intersections, as well as installing bicycle lanes to improve bicycle visibility and safety, thereby
reducing collisions. His last project was a $1.6 million Pavement Rehabilitation Project. The
highlights of the project included Cold Central Plant Recycling, Full Depth Reclamation (FDR),
Variable Depth PCC Pavement Cold Mill, Installation of Pavement Fabric, Cold Milling AC
Pavement, Concrete Pavement Crack Sealing, AC Leveling Course, Asphalt Rubber Hot Mix
(ARHM), curb ramps, curb & gutters, sidewalks, driveway approaches, as well as signage and
striping.
➢ CALTROP Engineering Corp.: Public Works Inspector
Inspected the required infrastructure work associated with construction of tract homes in the
City of Fontana. The projects consisted of the construction of street improvements, curbs,
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gutters, asphalt paving, sewer, Flood Control channel, storm drain, and other improvements.
The infrastructure project’s total cost was $11 million.
Additionally, inspected the construction of a $5 million Ball Park improvements which included
three baseball enclosures, tots play area, canopy picnic areas, sound wall, and the placement of
a pre-fabricated structure having restrooms and snack bar within. In conjunction with the Parks
Department’s Inspector, the inspection included the parking lot, sewer, water connections,
sidewalks, catch basins, grading, paving, concrete placement, street light foundations parking
stalls, and striping.
➢ City of Ontario: Senior Public Works Inspector
As a Public Works Construction Inspector, reviewed and applied the general requirements of
the construction plans, and contract specifications to State, Federally or locally funded projects.
Inspection included, but not limited to the following: wet and dry construction, excavation and
the placement of various size sewer and water mains, street construction, (new or rehabilitated
paving), concrete construction (curbs/gutters/sidewalks/catch basins/junction structures and
reinforced concrete boxes), earthwork (roadbed preparation, trench excavation and backfilling),
electrical (streetlights and signal installation), and soils testing with the nuclear gage as needed.
Worked in conjunction with the City of Los Angeles’ Airports Inspector in the construction of the
infrastructure for Ontario International Airport.
➢ San Bernardino Co. Public Work Agency (PWA): Contract Inspector
Performed construction inspection to ensure that the public works projects were being
constructed in accordance with the plans and specifications. Duties included inspection of the
construction activities within the County right-of-way, which consisted of inspection of
commercial and residential developments as well as county capital projects.
➢ San Bernardino Co. PWA: Senior Eng. Tech./Env. Report Writer
Prepared the environmental impact reports for the San Bernardino County Transportation
Department for new construction. Duties included the inspection and evaluation of the site and
its inhabitants (Kangaroo Rat, Desert Tortoise) and the effect that new construction would
impose upon them. A Draft Environmental Impact Report followed along with Public Hearing for
the public comments. The Draft reports were submitted to the State and Federal Clearinghouse
for review.
➢ San Bernardino Co. PWA: Eng. Tech. III Design Draftsman
Under supervision, designed and prepared construction drawings related to the construction
and/or reconstruction of the County streets. Drawings included plan, profile, and construction
notes and, detailed layout sketches. The work required collecting and analyzing an array of
diverse recorded information; field and survey data needed to complete the design. Work
encompassed County streets, drainage structures, new roadway construction and/or its
realignment. Duties required the knowledge of the principles of civil engineering design.
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Packet Pg. 269 Attachment: PROPOSAL COMPLETE - 2-1-19 [Revision 1] (2608 : Professional Services Agreement - Hirsch and Assoc)
William O. Bayne, P.E.
Senior Project / Construction Manager
EDUCATION: B.S.C.E, Civil Engineering, Washington State University
PROFESSIONAL DATA: California Professional Civil Engineer - License No. 18282
KEY QUALIFICATIONS: A licensed Civil Engineer with over forty-two (42) years of
experience with public agencies, having knowledge in many Transportation and Water
projects, Construction Management, Municipal Engineering, Project Management, Design,
Project Documentation, and Closeout. Involved in the formation and oversight of over $84
Million in public approved assessment district projects; overseen engineering, design, and
funding for Public Works projects; administered bid packages, pre -bid conferences, contract
negotiation, project change orders, and close outs; coordinated assessment district formation
processes; and managed construction and professional service contracts. with state & local
agencies. Experienced in Construction Management, Municipal Engineering, Project
Documentation & Closeout, Design, and Project Management. Typical tasks have included
the following:
➢ Public Agency Infrastructure Planning, Design, and Construction involving federal,
state, local and international agencies.
➢ Assessment District Planning, Design, Implementation, Construction & Closeout.
➢ Federal, state and local grant management.
➢ Program and project budget preparation.
➢ Public and private facilities and infrastructure planning, design, construction
management and maintenance, for freeway and interchanges, bridge stru ctures,
sound and retaining walls, railroad crossings, grade separations, commuter rail,
marina and piers, schools, special structures, storm drain systems, water reservoirs,
water treatment plants, sewer systems, street modifications, assessment district and
traffic signalization. Providing technical review and testimony for legal proceedings,
hearings/court cases.
EXPERIENCE:
➢ Recent
• Project/Construction Management for waterline projects in the City of Chino
• Project/Program Management for Coachella Valley Association of Governments
• Interim City Engineer for the City Adelanto
• Interim City Engineer for City of San Bernardino
• Construction Management of East Street Reconstruction Project
➢ Water/Environmental
• Water Reservoirs
• PS&E and construction management for 1.5-million-gallon steel reservoir;
Auburn, WA
• PS&E and construction management for 3.8-million-gallon steel reservoir;
Bellingham, WA
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• PS&E and construction management for 1.0-million-gallon steel reservoir;
Snohomish, WA
• PS&E and construction management for 4.0-million-gallon pre-stressed
concrete reservoir; Lake Oswego, OR
• PS&E and construction management for 1.0-million-gallon steel reservoir;
Kelso, WA
• PS&E and construction management for 15,000-gallon factory-coated bolted
steel reservoir; Cowlitz County, WA
• PS&E and construction management for 300,000-gallon steel reservoir, Cowlitz
County, WA
• 1.0-million-gallon steel reservoir; Cowlitz County, WA
• PS&E and construction management for Two 300,000 -gallon factory-coated
bolted steel reservoirs, Haidaburg, AK
• Preliminary engineering for 600,000-gallon wood stave reservoir; Haidaburg,
AK
• PS&E - construction management for 3.0-million-gallon reinforced concrete
reservoir; Riyadh, Saudi Arabia
• Water Systems
• PS&E - power house tailrace reconstruction; Ketchikan Public Utilities, AK
• Regional water system plan; Kelso, WA
• PS&E and construction management for 12 and 14-inch water transmission
pipelines; Auburn, WA
• PS&E - 8-inch water transmission pipe lines; Haidaburg, AK
• Water treatment plant rehabilitation; Kelso, WA
• PS&E - 5-unit pump station design; Edmonds, WA
• PS&E - 5-unit buried pump station and pneumatic reservoir at Roosevelt Park;
Seattle, WA
• PS&E - pump station; Snohomish, WA
• PS&E and construction management of first low-head hydropower pump
system in the Western United States as part of a dam rehabilitation and
reservoir construction; Haidaburg, AK
• Solid Waste/Wastewater
• PS&E - waste water treatment plant elevated outfall structure; Deadhorse, AK
• City-wide infiltration/inflow study; Kelso, WA
• Regional solid waste disposal system plan; Longview, Kelso, and Cowlitz
County, WA
• Closure plan and construction of municipal solid waste disposal site; Kelso, WA
• Storm Drain/Flood Control
• PS&E - Ventura River bank protection; Ventura County
• PS&E - Old Creek Road bank protection, various locations; Ventura County
• PS&E - Smith Avenue 60-inch diameter storm drain; Corona
• PS&E - 19th and Haven Avenue, 96-inch diameter and 10-by 14-foot RCB storm
drain; Rancho Cucamonga, CA
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• PS&E - Perris Blvd. 48 & 60-inch diameter flood control facility; Moreno Valley
• PS&E - Flett Creek 1200-acre detention facility; Tacoma, WA
• PS&E - Haida River Dam restoration and low head hydro pump facility;
Haidaburg, AK
• PS&E and construction management for the 6,000-foot concrete lining of East
Cathedral Canyon Channel; Cathedral City, CA
➢ Administration
• Prepare engineering plans and documents
• Oversee engineering, design, and funding for capital improvement projects
• Administer bid packages, pre-bid conferences, contract negotiation, project change
orders and close out
• Coordinate assessment district formation process
• Manage construction and professional services contracts
• Provide and recommend conditions of approval for development proposals
• Consulting services to public agencies
• Expert witness testimony before California Public Utilities Commission
• Managed projects for Caltrans, the San Bernardino Association of Governments,
South Pasadena, Los Angeles County, Victorville, Hesperia, Moreno Valley,
Cathedral City and other agencies in Southern California, Washington, Oregon,
Alaska and Texas
➢ Assessment Districts
• Cove sewer, street, curb and gutters, & drainage, $50 million; Cathedral City, CA
• Dream Homes sewer and streets, $7 million; Cathedral City, CA
• 35th Avenue sewers, streets, sidewalks, curb and gutters, $7 million; Cathedral
City, CA
• North Kelso Streets, curbs and gutters, $14 million; Kelso, WA
• City wide pavement rehabilitation, $6 million; Kelso, WA
➢ Transportation
• Freeways/Highways
• Streets/Roads
• Bridges
• Rail
➢ Preliminary Engineering Studies, Parks, Energy and Other Facilities Projects
AFFILIATIONS/ASSOCIATIONS:
➢ City of Redlands Municipal Utility/Public Works Commission
➢ Inland Empire Regional Broadband Consortium
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AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
HIRSCH AND ASSOCIATES, INC.
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AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
HIRSCH AND ASSOCIATES, INC.
This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF
GRAND TERRACE AND HIRSCH AND ASSOCIATES, INC.” (herein “Agreement”) is made and
entered into this 12th day of February, 2019 by and between the City of Grand Terrace, a California
municipal corporation (“City”) and Hirsch and Associates, Inc. (“Consultant”). City and Consultant
are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to
as the “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the City
to perform those services.
C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter
into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms of
that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the
Parties and contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide
those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated
herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As
a material inducement to the City entering into this Agreement, Consultant represents and warrants
that it has the qualifications, experience, and facilities necessary to properly perform the services
required under this Agreement in a thorough, competent, and professional manner, and is
experienced in performing the work and services contemplated herein. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all services
described herein. Consultant covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be both of good
quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
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professional standards” shall mean those standards of practice recognized by one or more first-class
firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement
shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement. Consultant
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the Consultant’s
performance of the services required by this Agreement, and shall indemnify, defend and hold
harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes,
penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered how
the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions
attending performance of the services under this Agreement. If the services involve work upon any
site, Consultant warrants that Consultant has or will investigate the site and is or will be fully
acquainted with the conditions there existing, prior to commencement of services hereunder. Should
the Consultant discover any latent or unknown conditions, which will materially affect the
performance of the services hereunder, Consultant shall immediately inform the City of such fact
and shall not proceed except at Consultant’s risk until written instructions are received from the
Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work, and the equipment, materials, papers, documents, plans, studies
and/or other components thereof to prevent losses or damages, and shall be responsible for all such
damages, to persons or property, until acceptance of the work by City, except such losses or damages
as may be caused by City’s own negligence.
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations
under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all
documents and take all actions as may be reasonably necessary to carry out the purposes of this
Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work,
and/or (ii) the time to perform this Agreement, which said adjustments are s ubject to the written
approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract
Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days,
may be approved by the Contract Officer. Any greater increases, taken either separately or
cumulatively, must be approved by the City Council. It is expressly understood by Consultant that
the provisions of this Section shall not apply to services specifically set forth in the Scope o f
Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided
pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates
and that Consultant shall not be entitled to additional compensation therefor. City may in its sole
and absolute discretion have similar work done by other consultants. No claims for an increase in
the Contract Sum or time for performance shall be valid unless the procedures established in this
Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are
set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by
this reference. In the event of a conflict between the provisions of Exhibit “B” and any other
provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed One Hundred Forty Five Thousand Five Hundred Ten Dollars
($145,510.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section
1.8.
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified
in the Schedule of Compensation, provided that (a) time estimates are provided for the performance
of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv)
such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and
only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of
Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the
performance of the work with City is a critical component of the services. If Consultant is required
to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any
additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and
expenses incurred during the preceding month in a form approved by City’s Director of Finance. By
submitting an invoice for payment under this Agreement, Consultant is certifying compliance with
all provisions of the Agreement. The invoice shall detail charges for all necessary and actual
expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies,
and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories.
Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant which
are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant
to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice;
however, Consultant acknowledges and agrees that due to City warrant run procedures, the City
cannot guarantee that payment will occur within this time period. In the event any charges or
expenses are disputed by City, the original invoice shall be returned by City to Consultant for
correction and resubmission. Review and payment by City for any invoice provided by the
Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable
law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Consultant.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written
notice to proceed and shall perform all services within the time period(s) established in the
“Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference.
When requested by the Consultant, extensions to the time period(s) specified in the Schedule of
Performance may be approved in writing by the Contract Officer but not exceeding one hundred
eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services
rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable
causes beyond the control and without the fault or negligence of the Consultant, including, but not
restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes,
floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or
acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of
the commencement of such delay notify the Contract Officer in writing of the causes of the delay.
The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for
performing the services for the period of the enforced delay when and if in the judgment of the
Contract Officer such delay is justified. The Contract Officer’s determination shall be final and
conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover
damages against the City for any delay in the performance of this Agreement, however caused,
Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding one (1) years
from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the work
specified herein and make all decisions in connection therewith:
Charles Foley, Vice President
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It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore,
the foregoing principals shall be responsible during the term of this Agreement for directing all
activities of Consultant and devoting sufficient time to personally supervise the services hereunder.
All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive
direction and control of the Principals. For purposes of this Agreement, the foregoing Principals
may not be replaced nor may their responsibilities be substantially reduced by Consultant without
the express written approval of City. Additionally, Consultant shall utilize only competent personnel
to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to
maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to
perform the services required under this Agreement. Consultant shall notify City of any changes in
Consultant’s staff and subcontractors, if any, assigned to perform the services required under this
Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or any
of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or
agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City Manager or such person as may be designated by the
City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept
informed of the progress of the performance of the services and the Consultant shall refer any
decisions which must be made by City to the Contract Officer. Unless otherwise specified herein,
any approval of City required hereunder shall mean the approval of the Contract Officer. The
Contract Officer shall have authority, if specified in writing by the City Manager, to sign all
documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees, perform the services required herein, except as
otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control
of Consultant’s employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly i ndependent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees of
City. City shall not in any way or for any purpose become or be deemed to be a partner of
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Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with
Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the transfer to
any person or group of persons acting in concert of more than twenty five percent (25%) of the
present ownership and/or control of Consultant, taking all transfers into account on a cumulative
basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this
Agreement shall be void. No approved transfer shall release the Consultant or any surety of
Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and content
satisfactory to City, during the entire term of this Agreement including any extension thereof, the
following policies of insurance which shall cover all elected and appointed officers, employees and
agents of City:
(a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A
policy of comprehensive general liability insurance written on a per occurrence basis for bodily
injury, personal injury and property damage. The policy of insurance shall be in an amount not less
than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate
limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by or
any persons retained by the Consultant in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
$1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any
automobile.
(d) Professional Liability. Professional liability insurance appropriate to the
Consultant’s profession. This coverage may be written on a “claims made” basis, and must include
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coverage for contractual liability. The professional liability insurance required by this Agreement
must be endorsed to be applicable to claims based upon, arising out of or related to services
performed under this Agreement. The insurance must be maintained for at least 5 consecutive years
following the completion of Consultant’s services or the termination of this Agreement. During this
additional 5-year period, Consultant shall annually and upon request of the City submit written
evidence of this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds under
its policies or shall furnish separate certificates and certified endorsements for each subcontractor.
All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in
the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its
elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers, employees or agents may apply in excess of, and not contribute
with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and
contribution it may have against the City, its officers, employees and agents and their respective
insurers. Moreover, the insurance policy must specify that where the primary insured does not
satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by
certified mail return receipt requested to the City. In the event any of said policies of insurance are
cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in
conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has provided
the City with Certificates of Insurance, additional insured endorsement forms or appropriate
insurance binders evidencing the above insurance coverages and said Certificates of Insurance or
binders are approved by the City. City reserves the right to inspect complete, certified copies of and
endorsements to all required insurance policies at any time. Any failure to comply with the reporting
or other provisions of the policies including breaches or warranties shall not affect coverage
provided to City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following “cancellation” notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
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[to be initialed] ______________
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and
volunteers are to be covered as additional insureds as respects: liability arising out of activities
Consultant performs; products and completed operations of Consultant; premises owned, occupied
or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The
coverage shall contain no special limitations on the scope of protection afforded to City, and their
respective elected and appointed officers, officials, employees or volunteers. Consultant’s insurance
shall apply separately to each insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer’s liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At the
option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions
as respects City or its respective elected or appointed officers, officials, employees and volunteers or
the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim
administration, defense expenses and claims. The Consultant agrees that the requirement to provide
insurance shall not be construed as limiting in any way the extent to which the Consultant may be
held responsible for the payment of damages to any persons or property resulting from the
Consultant’s activities or the activities of any person or persons for which the Consultant is
otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in
Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with Section
4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the
subcontractor to maintain the same policies of insurance that the Consultant is required to maintain
pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold
and save them and each of them harmless from, any and all actions, either judicial, administrative,
arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations,
errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may
be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent
performance of the work, operations or activities provided herein of Consultant, its officers,
employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is
legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful
misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to
perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of
said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s fees
incurred in connection therewith;
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(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of Consultant
hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any
action or proceeding filed or prosecuted against Consultant for such damages or other claims arising
out of or in connection with the negligent performance of or failure to perform the work, operation
or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or
employees, any and all costs and expenses incurred by the City, its officers, agents or employees in
such action or proceeding, including but not limited to, legal costs and attorney’s fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it
fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure
of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional services
hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of
City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall
apply to claims and liabilities resulting in part from City’s negligence, except that design
professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the
negligence, recklessness or willful misconduct of the design professional. The indemnity obligation
shall be binding on successors and assigns of Consultant and shall survive termination of this
Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated “A” or better in the most recent edition of Best Rating
Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category
Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk
Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration,
or in the event the risk manager determines that the work or services to be performed under this
Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the
minimum limits of the insurance policies may be changed accordingly upon receipt of written notice
from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts,
invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as shall
be necessary to perform the services required by this Agreement and enable the Contract Officer to
evaluate the performance of such services. Any and all such documents shall be maintained in
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accordance with generally accepted accounting principles and shall be complete and detailed. The
Contract Officer shall have full and free access to such books and records at all times during normal
business hours of City, including the right to inspect, copy, audit and make records and transcripts
from such records. Such records shall be maintained for a period of three (3) years following
completion of the services hereunder, and the City shall have access to such records in the event any
audit is required. In the event of dissolution of Consultant’s business, custody of the books and
records may be given to City, and access shall be provided by Consultant’s successor in interest.
Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to
the books and records if a public records request is made and disclosure is required by law including
but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer shall
require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work
and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if
Consultant becomes aware of any facts, circumstances, techniques, or events that may or will
materially increase or decrease the cost of the work or services contemplated herein or, if Consultant
is providing design services, the cost of the project being designed, Consultant shall promptly notify
the Contract Officer of said fact, circumstance, technique or event and the estimated increased or
decreased cost related thereto and, if Consultant is providing design services, the estimated increased
or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the “documents and materials”),
including any electronic documents and materials, prepared by Consultant, its employees,
subcontractors and agents in the performance of this Agreement shall be the property of City and
shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or
upon the termination of this Agreement, and Consultant shall have no claim for further employment
or additional compensation as a result of the exercise by City of its full rights of ownership use,
reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of
such completed documents for other projects and/or use of uncompleted documents without specific
written authorization by the Consultant will be at the City’s sole risk and without liability to
Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or
assignment. Consultant may retain copies of such documents for its own use. Consultant shall have
the right to use the concepts embodied therein. All subcontractors shall provide for assignment to
City of any documents or materials prepared by them, and in the event Consultant fails to secure
such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover,
Consultant with respect to any documents and materials that may qualify as “works made for hire”
as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for
hire” for the City.
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6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written authorization
from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided
Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant,
provides any information or work product in violation of this Agreement, then City shall have the
right to reimbursement and indemnity from Consultant for any damages, costs and fees, including
attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery request,
court order or subpoena from any party regarding this Agreement and the work performed there
under. City retains the right, but has no obligation, to represent Consultant or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to
provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of San Bernardino, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of San
Bernardino, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not
have any obligation or duty to continue compensating Consultant for any work performed after the
date of default. Instead, the City may give notice to Consultant of the default and the reasons for the
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default. The notice shall include the timeframe in which Consultant may cure the default. This
timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold all
invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices
during the period of default. If Consultant does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article. Any failure on the part of the City to give
notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights
or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether
or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute
hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages
suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of
Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this
Agreement. In the event that any claim is made by a third party, the amount or validity of which is
disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim
of lien, City may withhold from any payment due, without liability for interest because of such
withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to
deduct or to withhold shall not, however, affect the obligations of the Consultant to insure,
indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement
shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any
breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a
waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by
City of any work or services by Consultant shall not constitute a waiver of any of the provisions of
this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting
party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by
either party of any default must be in writing and shall not be a waiver of any other default
concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of
one or more of such rights or remedies shall not preclude the exercise by it, at the same or different
times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific
performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other
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remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision
herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and
910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in
the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon written notice to Consultant. In addition, the
Consultant may terminate this Contract for cause, upon sixty (60) days’ advance written notice to
City. Upon receipt of any notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer. Except where the
Consultant has initiated termination, the Consultant shall be entitled to compensation for all services
rendered prior to the effective date of the notice of termination and for any services authorized by the
Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be
approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has
initiated termination, the Consultant shall be entitled to compensation only for the reasonable value
of the work product actually produced hereunder. In the event of termination without cause pursuant
to this Section, the terminating party need not provide the non-terminating party with the opportunity
to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the
extent that the total cost for completion of the services required hereunder exceeds the compensation
herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and
City may withhold any payments to the Consultant for the purpose of set-off or partial payment of
the amounts owed the City as previously stated.
7.9 Attorney’s Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action
or proceeding in any way connected with this Agreement, the prevailing party in such action or
proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be
entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal,
and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for
investigating such action, taking depositions and discovery and all other necessary costs the court
allows which are incurred in such litigation. All such fees shall be deemed to have accrued on
commencement of such action and shall be enforceable whether or not such action is prosecuted to
judgment.
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ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which may
become due to the Consultant or to its successor, or for breach of any obligation of the terms of this
Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests of
City or which would in any way hinder Consultant’s performance of services under this Agreement.
Consultant further covenants that in the performance of this Agreement, no person having any such
interest shall be employed by it as an officer, employee, agent or subcontractor without the express
written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest
or the appearance of any conflicts of interest with the interests of City in the performance of this
Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of, any
person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation,
marital status, national origin, ancestry or other protected class in the performance of this
Agreement. Consultant shall take affirmative action to insure that applicants are employed and that
employees are treated during employment without regard to their race, color, creed, religion, sex,
gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorney’s fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and
to the attention of the Contract Officer (with her/his name and City title), City of Grand Terrace,
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22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant, to the person(s) at
the address designated on the execution page of this Agreement. Either party may change its address
by notifying the other party of the change of address in writing. Notice shall be deemed
communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing
if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any
and all previous negotiations, arrangements, agreements and understandings, if any, between the
parties, and none shall be used to interpret this Agreement. No amendment to or modification of this
Agreement shall be valid unless made in writing and approved by the Consultant and by the City
Council. The parties agree that this requirement for written modifications cannot be waived and that
any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree
of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby
declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless
the invalid provision is so material that its invalidity deprives either party of the basic benefit of their
bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this
Agreement, nor shall any official, officer, or employee of City participate in any decision relating to
this Agreement which may affect his/her financial interest or the financial interest of any
corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5.
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Nor shall any such officer or employee participate in any decision relating to the Agreement
which affects her/his financial interest or the financial interest of any corporation, partnership or
association in which (s)he is, directly or indirectly, interested, in violation of any State statute or
regulation, including but not limited to the Political Reform Act (Government Code Sections 81000,
et seq.)
Consultant warrants and represents that it has not paid or given, and will not pay or give, to
any third party including, but not limited to, any City official, officer, or employee, any money,
consideration, or other thing of value as a result or consequence of obtaining or being awarded any
agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render this
Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate
any provision of any other Agreement to which said party is bound. This Agreement shall be
binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
City of Grand Terrace, a municipal corporation
______________________________________
Darcy McNaboe, Mayor
ATTEST:
______________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
______________________________________
Adrian R. Guerra, City Attorney
CONSULTANT:
Hirsch & Associates, Inc.
By: ___________________________________
Name:
Title:
By: ___________________________________
Name:
Title:
Address: 2221 East Winston Road, Suite A
Anaheim, California 92806
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2019 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(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 tr ue
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2019 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(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: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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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EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
SERVICES
A. Consultant shall provide the following Services (detailed further in the phases
provided below):
i. Consultant shall provide the design, engineering and construction
management of the Blue Mountain Trailhead and Trail Project, which
includes a new Trail Head, Parking Lot, Trail and identified amenities,
located at the site depicted in Exhibit “A-1” (“Project”).
ii. Contractor shall perform all the necessary professional landscape
architectural and engineering services in a timely and professional manner
consistent with the standards of the profession.
iii. Contractor shall provide overall Project management, Project scheduling and
consult with all parties and team members throughout the entire length of the
project.
iv. Contractor shall also meet with City Staff, and others as directed to establish
communications and formulate working relationships.
v. Contractor shall participate in consultations and conferences with City Staff
and other agencies having jurisdiction over the Project that may be necessary
for the completion of the Project. Such consultations and conferences shall
continue throughout the project duration. Communication will include a
combination of email, telephone and in person meetings at City Hall and/or
project site.
vi. Contractor shall provide advice and assistance in determining the feasibility
of the Project, analyze the type and quality of materials and construction
methods to be selected, and other initial planning matters.
vii. Contractor shall use its best judgment in determining the balance between the
size, type and quality of construction to achieve a satisfactory solution to
maintain the City’s stated budget.
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B. Task 1 - Administration
i. This task includes the project management services including the
requirements for meeting documentation, project schedules, progress reports,
invoicing, and administration of Consultant work.
ii. Consultant shall coordinate with the City to schedule a kickoff within 3
working days of the Task Order/Notice to proceed to review Project
objectives and requirements, receive initial information from City/Utilities,
establish the communication plan and protocols, baseline delivery schedule,
and address other issues as necessary to ensure successful Project initiation.
iii. Consultant Deliverables: Project Schedule, Progress Reports, Meeting Notes
and invoices.
iv. Consultant shall manage the Project tasks as provided in this Exhibit in order
to complete the design work within the approved Project schedule milestone
dates as provided in the Schedule of Performance.
C. Task 2 - Preliminary Design
i. Consultant shall review existing data, such as as-builts, pertaining to the
Project.
ii. Survey – Consultant shall conduct a survey of the Project site as follows:
1. AREA - This Project covers the Blue Mountain Trail site in Grand
Terrace, California. The mapping limits are provided in Exhibit “A-
1.”
2. GROUND CONTROL - Consultant will acquire the necessary aerial
ground control. The horizontal control will be tied into the street
monumentation. The vertical control will be based upon Mean Sea
Level datum tied to local government benchmarks.
A total of seven (7) aerial control points will be required. See the
attached imagery in Exhibit “A-1” for the control point layout.
3. AERIAL PHOTOGRAPHY - The aerial photography will consist of
one (1) flight line and four (4) exposures at an approximate scale of
1"= 300'. The aerial photography will be flown with a precision aerial
mapping camera using black and white film.
4. TOPOGRAPHIC MAPPING - The topographic mapping will be
prepared at a scale of 1"= 40' showing a one (1) foot contour interval
in the southwest corner of the site. The mapping for the remainder of
the site will be delivered at 1"= 40' scale with a two (2) foot contour
interval.
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The aerial mapping will be field completed on the southwest portion
of the site only, showing the utilities, sidewalks, street curb and
gutters on both sides of Observation Street and the street centerline,
fences, walls, trails, parking area and other planimetric details that are
not visible on the aerial photography.
Delivery will include a digital black and white orthophoto in the form
of a JPEG file suitable for viewing at a scale of 1"= 20'. The aerial
mapping will meet or exceed National Map Accuracy Standards for a
1"= 40' scale map with a one (1) foot contour interval.
5. SURVEY DELIVERY ITEMS
Item 1: One (1) set of uncontrolled pdf files of the aerial
photography scans.
Item 2: One (1) set of control data and field completion used on the
Project.
Item 3: One (1) set of digital (AutoCAD) data of the above described
DTM and mapping data
Item 4: One (1) black and white digital orthophoto in the form of a
JPEG file. Consultant shall carry out the following tasks in creating
such orthophoto:
(i) Photo document existing conditions
(ii) Conduct Site Analysis to identify opportunities and
constraints of the Project site.
(iii) Obtain and review preliminary utility information and
prepare and send utility notifications to all utility companies
known to operate within the Project area to identify the type
and locations of utilities for the Project.
(iv) Develop provisions to accommodate existing and new
utility facilities (e.g., maintained in place, removed, adjusted,
abandoned, or installed).
(v) Effectively identify utilities locations and resolve
conflicts on proposed plans to keep Project on schedule.
Consultant shall prepare Utility Conflict Sheet to summarize
conflict and resolution.
(vi) Notify responsible utility owner of necessary facility
relocation or adjustment.
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(vii) Ensure significant utility impacts shall be reflected in
the Project schedule and coordinated to not conflict with the
design work.
(viii) Prepare a Geotechnical Report as follows:
- Review soils, geologic data and maps
- Visit park site to observe existing conditions and
Hand Auger and collect soil samples as well as
perform infiltration test.
- Field engineer to log excavation and collect soil
samples
- Laboratory testing of select soils samples for
moisture density, sieve analysis, sand equivalents and
corrosion potential (pH, resistivity, chlorides and
water soluble sulfates).
(ix) Conduct first community presentation to introduce
Project scope, schedule and process. Listen to concerns and
comments the public has related to the Project. City provided
design concepts as well as Google Earth images and site
photos will be used to describe the Project.
(x) Prepare Conceptual Design plan utilizing the formal
survey as the base sheet. The provided preliminary design
shall be the basis of the conceptual design. Verify the
preliminary plan horizontal and vertical control is achievable.
Provide design alternates as needed to site the proposed
required amenities is relationship with existing grades and
ADA accessible code requirements.
(xi) Obtain restroom design proposals from (3)
manufacturers for review and comparison.
(xii) Obtain bridge design proposals from (2)
manufacturers for review and comparison.
(xiii) Obtain manufacturer options for solar lighting,
hydration station, fencing, tables and chairs, parking lot
materials, trail materials, landscape plantings and irrigation
equipment/materials.
(xiv) Prepare preliminary construction cost estimate.
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(xv) Meet with City Staff to review design concept and
estimate. Revise as needed based on input received.
(xvi) Provide design boards of concepts and amenities to
present to the community at second meeting for review and
comment. Include digital presentation of concepts and
renderings.
(xvii) From input received, revise design concepts as
necessary.
(xviii) Provide design boards of revised concepts to City
Staff for review and comment.
(xvix) Prepare final design concepts and cost estimate
intended to be presented to City Council.
(xx) Attend City Council Meeting to present the
revised/selected concept/estimate to finalize aesthetic design
choice and receive approval.
(xxi) Conduct a Soils/Geotechnical Report and Infiltration
test
(xxii) Review existing Project site power plans and
determine if existing power is available to power splash pad
system.
iii. Task 2.A - Consultant shall develop design alternates/concepts for a trail
marker at the terminus of the upper trail located at the peak. Consultant shall
work with City Staff, Community Members and Council to identify
commonalities in interests for the feature. Consultant shall prepare design
exhibits featuring source images of inspiration, form features and scale. Such
exhibits shall be combination of 2 dimensional plan and elevation views as
well as 3D sketch up model.
iv. Consultant Deliverables: Preliminary Design Concept Drawings and estimate
(AutoCAD version compatible with City and PDF). Renderings of the design
concept and amenities exhibit featuring photos of proposed materials
(PowerPoint and Photoshop). Site Survey (AutoCAD version compatible
with City and PDF). Preliminary Grading Plan (AutoCAD version
compatible with City and PDF). Preliminary Wet/Dry Utility Plan (AutoCAD
version compatible with City and PDF). Soils/Geotechnical and Infiltration
Test Report. Supporting Documentation
D. Task 3 - Construction Documentation
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Consultant shall develop and assemble Contract Construction Bid Documents ("Bid
Documents") for advertisement and bidding the Project for construction consistent
with applicable law and regulations, including local and California law and
regulations. Plans shall depict all property/right-of-way lines and all existing
improvements such as, but not limited to, curb and gutter, curb returns, cross gutters,
sidewalk, access, and utilities as shown the existing topographic map. Any removals
and possible relocations shall be shown on a demolition plan. The Bid Documents
shall in include all necessary Civil, Landscaping and Structural (Solar Light Pole
Footings only) Construction Plans and supporting documentation for a complete
biddable set. Furthermore, Consultant shall provide Technical Specifications and
Cost Estimates associated with the design plans. All Bid Documents shall be
prepared and stamped by a California licensed Landscape Architect and Professional
Engineer with the appropriate license per each disciplines of work. The design shall
comply with all latest applicable codes, guidelines, and standards with respect to
each design category (i.e. mechanical, plumbing, structural, civil, building, etc.).
Plans shall be drawn at 1"=20' and include the following:
i. Title/Index Sheet
ii. Demolition Plan
iii. Site/Grading Plan (Civil Engineer shall provide Storm Water Pollution
Prevention Plan SWPPP/Notice of Intent NOI)
iv. Construction Plans and Details
v. Bridge schematic and provided installation details
vi. Pad and utility stub requirements for placement of the prefabricated building
vii. Utility Plans (sanitary sewer, storm sewer).
viii. Site Solar Lighting/Photometric Plan
ix. Technical Specifications
x. Probable Construction Cost Estimates with back-up/support information on
quantities and unit prices.
xi. The Plan format, standard construction notes, and sheet borders shall
be commensurate with City standards.
xii. Consultant Deliverables:
1. 75% Full Set Construction Set Drawings (AutoCAD version
compatible with City and PDF) (3 hardcopy sets)
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2. 75% Contract Technical Specifications (Word and PDF) (3 hardcopy
sets)
3. 75% Engineers Estimate (Excel and PDF) (3 hardcopy sets)
4. Supporting Design Documentation/Calculations (Word, Excel, and
PDF) (3 hardcopy sets)
5. All applicable plans, technical specifications and construction cost
estimates shall conform to City templates, provided that the Contract
Officer may authorize deviations from City templates. Consultant
shall submit an anticipated plan list with the proposal. All submittals
shall be thoroughly checked as part of the Consultants QA/QC
program, inclusive of any independent plan check process. All
redlines shall be attached to each re-submittal with a summary matrix
of comments, edits, and responses provided noting where the
revisions have been incorporated into the specific deliverable as
necessary.
E. FINAL DESIGN DELIVERABLE FORMAT
i. Final Bid Package Submittal (100% PS&E):
ii. Full Construction Bid Ready Plans (1 PDF file for City duplication and
printing and Autocad files)
iii. Specifications (PDf and DOC file formats)
iv. Project Cost Estimate (Excel file, and PDF)
v. All Supporting Documents(PDF and/or DOC)
F. City Responsibilities
i. The City shall provide the following to assist the Consultant with the Project:
ii. Existing Utility as-builts for the adjacent streets and utilities.
iii. Sample contract specifications package (boilerplate)
iv. CEQA Environmental Document
v. Pay for all printing, mailing, overnight transmittal at cost.
vi. In addition, the City shall be responsible for advertising the Project, holding a
pre bid meeting, receiving contractors' bids, printing plans and specs for
bidding purposes, conducting the bid opening, preparing the Notice of
Award, scheduling and conducting the pre-construction meeting, preparing
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and distributing the pre- construction meeting agenda and minutes, and
construction management and oversight.
vii. The City shall provide all existing documentation it has on file for the Project
that may include existing utility locations and depths, survey/boundary
information, copies of easement documentation, list of agencies having
jurisdiction over the Project, and the contact person for the agency, street
improvement plans and storm drain plans. Consultant shall make a good-faith
effort to verify the accuracy of such information and utilize it in the
preparation of the final working drawings and specifications.
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. In addition to the tangible work products provided above, Consultant shall provide
such other tangible work products as may be required by the City from time to time.
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering
the following status reports:
A. In addition to the status reports provided above, Consultant shall provide such other
status reports as may be required by the City from time to time.
IV. All work product is subject to review and acceptance by the City, and must be
revised by the Consultant without additional charge to the City until found
satisfactory and accepted by City.
V. All of the above described documents and additional reports, plans, and
specifications will be organized in accordance with the City requirements. They will
be boxed in storage boxes and submitted to the City as permanent City records.
VI. Consultant will utilize the following personnel to accomplish the Services:
A. Charles E. Foley, Vice President & Director of Projects
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EXHIBIT “A-1”
PROJECT DOCUMENTS
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the Services at the budgeted amounts and hourly rates as
provided in Exhibit “C-1.”
II. A retention of ten percent (10%) shall be held from each payment as a contract
retention to be paid as part of the final payment upon satisfactory completion of
services.
III. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.8.
IV. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
V. The total compensation for the Services shall not exceed One Hundred Forty Five
Thousand Five Hundred Ten Dollars ($145,510.00) as provided in Section 2.1 of this
Agreement.
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Exhibit “C-1”
Blue Mountain Trail
Scope of Work - Phase I
Item
Task 1 Administration HAI
Soil
Exploration Survey
Blue
Peak Landmark Totals
Clerical 24hrs @ $65 $1,560.00 $1,560.00
Landscape Architect 104hrs @
$150 $15,600.00 $15,600.00
Kick Off Mtg 1mtg @ $600 $600.00 $600.00
$17,760.00
Task 2 Preliminary Design
Survey $17,100.00 $17,100.00
Geotechnical $4,200.00 $4,200.00
Technical Staff 180hrs @ $75 $13,500.00 $13,500.00
Landscape Architect 36hrs @ $150 $5,400.00 $5,400.00
Staff Mtgs 3 @ $600 $1,800.00 $1,800.00
City Council Presentation 1 @ 750 $750.00 $750.00
$42,750.00
Task 2.A
Technical Staff 40hrs @ $75 $3,000.00 $3,000.00
Landscape Architect 8hrs @ $150 $1,200.00 $1,200.00
$4,200.00
Task 3 Construction Documents
SWPPP/NOI $5,000.00 $5,000.00
Civil Grading Review 12hrs @ $200 $2,400.00 $2,400.00
Structural Engineering $3,000.00 $3,000.00
Clerical 40hrs @ $65 $2,600.00 $2,600.00
Technical Staff 600hrs @ $75 $45,000.00 $45,000.00
Landscape Architect 120hrs @
$150 $18,000.00 $18,000.00
Project Mtgs 3mtg @ $600 $1,800.00 $1,800.00
$77,800.00
Estimated Cost of Printing** $3,000.00
Grand Total $110,810.00 $4,200.00 $17,100.00 $7,400.00 $3,000.00 $145,510.00
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Professional Rate Schedule
Principal Landscape Architect $150/hr.
Engineer $200/hr.
Associate Landscape Architect $100/hr.
Project Manager $95/hr.
Senior Designer $80/hr.
Technical Staff $75/hr.
Office/Clerical $65/hr.
Project Meetings $600/ea.
Construction Meetings $750/ea.
City Council Meetings $750/ea.
Labor Compliance Manager $110/hr.
Labor Compliance Analyst $85/hr.
**The estimated cost of printing is $3,000.
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall commence work under this Agreement within 3 working days of this
Agreement’s execution by the parties.
II. Consultant shall perform all Services timely in accordance with the Project Schedule
developed by Consultant and subject to the written approval of the Contract Officer.
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AGENDA REPORT
MEETING DATE: February 12, 2019 Council Item
TITLE: Update on the Successor Agency's 2011 Tax Allocation
Bonds (TABs)
PRESENTED BY: Cynthia Fortune, Assistant City Manager
RECOMMENDATION: Receive and file the report.
2030 VISION STATEMENT:
This staff report supports City Council Goal #1, “Ensuring Our Fiscal Viability” through
the continuous monitoring of revenue receipts and expenditure disbursements against
approved budget appropriations.
BACKGROUND:
In February 2012, the Redevelopment Dissolution Act (ABx1 26) became effective.
Under the Dissolution Act, the former Redevelopment Agency was replaced by the
Grand Terrace Successor Agency which was tasked with winding down all Grand
Terrace redevelopment activities and obligations.
The Redevelopment Dissolution Act also suspended the Agency's authority to spend
the 2011 Tax Allocation Bond (TABs) proceeds.
In September 2015, the Dissolution Act was amended by Senate Bill 107 (SB107). The
amendment included provisions under section 34191.4 (c) (2) (A) to remove the 2011
bond spending restrictions under certain conditions and by a certain formula. The
provisions specify that if a successor agency has received from the Department of
Finance (DOF) a “Finding of Completion,” the agency may spend 5% of its 2011 bond
proceeds. Upon the Agency's approval of its Last & Final Recognized Obligation
Payment Schedule (''ROPS"), it may request an additional amount of bond proceeds
based on when the 2011 bonds were issued. For the Grand Terrac e Successor Agency
(Agency), the additional amount allowed is 15%. The total bond proceeds that could be
utilized is 20%.
In May 2017, the Agency received 5% of its 2011A bond proceeds and transferred this
to the City as reflected in the table below:
Table 1 – 5% of Bond Proceeds (2011A)
Description 2011 Series A
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Description 2011 Series A
PAR AMOUNT OF BONDS $15,175,000
Less Discounts, Costs of Issuance & Required Reserve:
Discounts ($248,539)
Costs of Issuance ($135,000)
Bond Covenant required Debt Service Reserve ($1,280,894)
PROCEEDS LESS RESERVE $13,510,567
Senate Bill (SB) 107 Authorization
5% Bond Proceeds Use ($13,510,567 X 5%) $675,528
Less Approved Uses of Bond Proceeds (RDA)
Michigan St Design & Right of Way (FY2011-12 & FY2012-13) ($386,513)
Net 5% Distribution (Transferred to City in May 2017) $289,015
In November 2017, the Successor Agency initially submitted its Last & Final ROPS
along with the request to utilize the remaining 15% of its 2011A bond proceeds. A
resubmittal was completed in April 2018. Table 2 below reflects the request submitted to
the DOF for the remaining 15% of bond proceeds:
Table 2 – 15% of Bond Proceeds (2011A)
Description 2011 Series A
PAR AMOUNT OF BONDS $15,175,000
Less Discounts, Costs of Issuance & Required Reserve:
Discounts ($248,539)
Costs of Issuance ($135,000)
Bond Covenant required Debt Service Reserve ($1,280,894)
PROCEEDS LESS RESERVE $13,510,567
SB 107 Authorization
Remaining 15% Bond Proceeds Use ($13,510,567 X 15%) $2,026,585
Table 3 – Total Authorized Bond Proceeds (20%)
Description 2011 Series A
Net 5% Distribution $289,015
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Description 2011 Series A
Remaining 15% of Bond Proceeds $2,026,585
TOTAL AUTHORIZED BOND PROCEEDS USE $2,315,600
In August 2018, the DOF approved the Agency’s Last & Final ROPS including the use
of the 15% on bond proceeds as shown in Attachment A (DOF’s Determination Letter
dated August 6, 2018).
In September 2018, City staff provided City Council with an update informing them of
the following:
1. Approval of the Last & final ROPS;
2. Approval of the 15% in bond proceeds totaling $2,857,416;
3. The transfer of $2,857,416 from the Agency to the City’s General Fund;
4. The use of only $2,026,585 in bond proceeds as requested by the Agency and
as authorized by SB107; and
5. The set-aside of the remaining balance ($830,831) until such that the City
receives confirmation of its authorized use.
DISCUSSION:
USE OF THE 2011 BOND PROCEEDS TRANSFERRED TO THE CITY
Table 4 below reflects the total authorized 20% of bond proceeds use and proje cts
approved by City Council:
Table 4 – City Council Approved Uses for Bond Proceeds
City of Grand Terrace
Use of Approved 2011A Bond Proceeds (20%)
Amount
Bond Proceeds as approved by the Department of Finance (20%)
5% of proceeds $289,015
15% of proceeds $2,026,585
Total Authorized $2,315,600
Completed Projects, as of November 30, 2018
10-955-705 Dog Park $50,000
10-955-706 Playground Resurfacing - Child Care Facility $26,826
10-955-707 Traffic Signal Lighting $23,200
10-955-708 Tree Replacement $15,282
10-955-709 Playground Resurfacing - Richard Rollins Park $116,064
10-955-710 Sidewalk Repair $19,818
10-955-800-101 ALPR Cameras $142,147
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City of Grand Terrace
Use of Approved 2011A Bond Proceeds (20%)
Amount
10-955-800-102 Woody's Classic Grill Incentive Agreement $50,000
$443,337
Balance as of 12-10-2018 $1,872,263
Approved Projects, as of December 31, 2018
10-955-800-103 Architecture & Planning Svcs (KTGY) $18,500
10-955-800-104 Purchase of Housing Authority Property $665,000
$683,500
Balance $1,188,763
Other City Council-Approved Priority Projects
Mount Vernon Slope $600,000
Sidewalk & Storm Drains on Michigan $300,000
Michigan Walkable Street Plan $75,000
Barton/Mt. Vernon Landscape & Lighting Plan $50,000
Barton Road Business Sign Program $100,000
$1,125,000
NET $63,763
ADDITIONAL FUNDS AUTHORIZED BY THE DOF ($830,831)
City staff contacted the DOF to inquire why additional funds were authorized to be
eligible for spending by the City in accordance with the bond covenants.
The Department of Finance provided the following information:
1. When the Agency requested its Last & Final ROPS, the request stated that the
Agency would like to defease its bond proceeds, using these proceeds to pay for
the required annual debt service;
2. Senate Bill 107 removed bond spending restrictions authorizing the Agency to
utilize 20% of its bond proceeds; therefore, the maximum amount that can be
used for defeasance is:
a. 80% of the bond proceeds; and
b. the Bond Covenant required Debt Service Reserve (as shown in Table 1).
3. In addition, the DOF, when calculating maximum amount of bond proceeds that
can be used to defease the bonds, they took into consideration both 2011 A and
B proceeds as shown in Table 5.
Table 5
Description 2011 Series A 2011 Series B TOTAL
PAR AMOUNT OF BONDS $15,175,000 $5,650,000 $20,825,000
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Description 2011 Series A 2011 Series B TOTAL
Less Discounts, Costs of Issuance & Required Reserve:
Discounts ($248,539) ($109,988) ($358,527)
Costs of Issuance ($135,000) ($45,000) ($180,000)
Bond Covenant required Debt
Service Reserve ($1,280,894) ($476,906) ($1,757,800)
PROCEEDS LESS RESERVE $13,510,567 $5,018,106 $18,528,673
Maximum Amount to be Used for Defeasance (80%)
Proceeds to Use ($18,528,673 X 80%) $14,822,938
As part of DOF’s analysis bank statements are submitted to the DOF to determine the
total cash on hand in relation to bond proceeds. This will include any interest earned on
the proceeds since 2011.
Table 6
Description Amount
2018 BOND PROCEEDS
Cash Balance of Proceeds, including interest $17,680,354
Maximum Amount of Proceeds used for Defeasance ($14,822,938)
NET (2011 Bond Proceeds Available for Expenditure) $2,857,416
Less SB107 15% Bond Proceeds Request by the Agency (2,026,585)
Proceeds eligible for spending $830,831
The DOF contends that since the maximum amount that can be used for defeasance is
80% of the bond proceeds, the excess is eligible for spending. Based on DOF’s
conclusion, staff will: 1) evaluate the tax implications, if any, arising from this
determination and how that may shape the use of these funds; and 2) identify projects to
use the excess funds. City staff will provide this information at a future City Council
meeting.
FISCAL IMPACT:
There is no fiscal impact to receiving and filing this report.
ATTACHMENTS:
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• Attachment A DOF Determination Letter on Last & Final & Bond Proceeds Use
(PDF)
APPROVALS:
Cynthia A. Fortune Completed 02/04/2019 7:15 PM
Finance Completed 02/04/2019 7:15 PM
City Attorney Completed 02/06/2019 7:27 PM
City Manager Completed 02/06/2019 8:28 PM
City Council Pending 02/12/2019 6:00 PM
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ATTACHMENT AG.10.a
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AGENDA REPORT
MEETING DATE: February 12, 2019 Council Item
TITLE: Consideration and Discussion of Procedures for City Council
Future Agenda Requests
PRESENTED BY: Adrian Guerra, City Attorney
RECOMMENDATION: Consider and discuss the options for City Council Future
Agenda Item Request Procedures, and provide direction to
staff on the City Council’s desired option.
2030 VISION STATEMENT:
This staff report supports our core values of open and inclusive government, mutual
respect, and a positive and productive work environment.
BACKGROUND:
The order of business on the City Council’s agenda is currently as follows:
Call to Order
Invocation
Pledge of Allegiance
Roll Call
Special Presentations
Consent Calendar
Public Comment on Matters not on the Regular Agenda
City Council Communications
Public Hearings
Unfinished Business
New Business
City Manager Communications
Closed Session
Adjourn
Currently, there is no section on the agenda for City Council members to request items
for a future agenda. The purpose of this agenda item is to consider various options for
the City Council to request items for future agendas.
DISCUSSION:
The procedure for a city council to request an item for a future agenda varies from city
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to city, ranging from very informal to formal. Below are some examples:
Option 1 – Requests For Future Agenda Items During City Council Communications
The City Council could adopt a policy that combines requesting future agenda items
with the current “City Council Communications” section of the regular agenda. During
“City Council Communications,” a Council member can request that City staff place an
item on a future agenda. At a future meeting, the item would then be placed on the
agenda pursuant to the Brown Act for Council discussion and direction.
For example, upon reaching the “City Council Communications” section of the regular
agenda, this would work as follows:
Council member A: “I would like to request that staff agendize for the next
regular Council meeting an update on the City’s
number of business licenses issued and the ways in
which the City may encourage businesses to locate
within the City for Council discussion.”
There is no formal motion or vote; rather, the item is simply requested by a Council
member and – hearing no objections from the other Council members – the item is
brought back for discussion at a future meeting. If there are objections, the Mayor will
then determine if there is a majority that wishes to bring the item back on a future
agenda.
While this is an option, we do not recommend it. Under the Brown Act, the goal of the
agenda is to make the public aware of items to be discussed and potentially acted upon
by the Council. By incorporating requests for future agenda items into the heading “City
Council Communications”, the public may not be aware that Council members could
make requests for future agenda items – especially because it is not ever described on
the written agenda. While other cities do use this method, the City Attorney’s office does
not recommend this option.
Option 2 – Requests for Future Agenda Items during a “Future Agenda Items” Section
with Placement by Consensus
Another option would be to add a new “Future Agenda Items” section to the agenda
during which a Council member could request the placement of an item on a future
agenda. For example, upon reaching the “Future Agenda Items” section, this would
work as follows:
Council member A: “I would like to request that staff agendize for a future
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meeting an update on the City’s number of business
licenses issued and the ways in which the City may
encourage businesses to locate within the City for
Council discussion.”
Mayor: “Any objections from any Council members?”
If there are no objections, there is deemed to be a consensus and City staff will place
the item on a future agenda. If there are objections, the Mayor will then determine if
there is a majority that wishes to bring the item back on a future agenda.
It should be noted that, under this option, the “Future Agenda Items” section serves a
different function/purpose compared to the “City Council Communications” section. As
the name implies, the purpose of the “City Council Communications” section is so that
the City Council may communicate to the public and staff regarding matters such as
events attended and upcoming events. The purpose of the “Future Agenda Items”
section is only to allow the City Council to request items to be placed on a future
agenda.
Option 3 – Requests for Future Agenda Items during a “Future Agenda Items” Section
with Placement by Formal City Council Approval
A third option would be to add a new “Future Agenda Items” section to the agenda.
Upon arriving at that section, a Council member would then formally move to place an
item on a future agenda. Upon receiving a second, then Council would vote on whether
to place the requested item on a future agenda. If the motion passes by majority vote,
then City staff will place that item on a future agenda. For example, upon reaching the
“Future Agenda Items” section of the regular agenda, this would work as follows:
Council member A: “I move to direct staff to agendize for the next regular
Council meeting an update on the City’s number of
business licenses issued and the ways in which the
City may encourage businesses to locate within the
City for Council discussion.”
Council member B: “I second that motion.”
From there, the City Council would vote. If there is a majority vote in favor of placement,
then the item will then be added to a future agenda. Any discussion is limited to whether
the item should be placed on a future agenda. The City Council should not be
discussing the substantive merits of the item, but rather, whether the item warrants
future discussion.
And, similar to Option 2, this option separates out the “Future Agenda Items” section
from the “City Council Communications” section due to their differing functions.
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Option 4 – Request for Future Agenda Items by Council Member Memorandum (Palo
Alto Method)
Under this option, at least 2 Council members may bring forward a “colleague memo”
on any topic to be considered by the entire Council. Prior to preparing the memo,
Council members will consult with the City Manager to determine whether he/she is or
is willing and able to address the desired topic as part of his/her operational authority
and within current budgeted resources. Additionally, the Brown Act requires that the
public be fully informed of the potential action by the Council via the Agenda at least 72
hours before a scheduled Council meeting. In order to satisfy the Brown Act
requirements, Council members should consult with the City Manager and City Attorney
to ensure that the proposed title to the colleague memo contains all actions that the
Council members want completed at the desired meeting.
After drafting the memo, Council members will then provide a copy to the City Manager
(or the appropriate staff) for finalization and so that the City Manager’s analysis, if any,
will be added to the memo. The memo will then be added to the agenda at the next or
desired meeting as a new business item.
At the meeting in which the colleague memo is introduced, Council will not take action
on the colleague memo if it has any implications for staff resources or current work
priorities which are not addressed in the memo. Instead, Council will discuss the
colleague memo and then direct the City Manager to agendize the matter for Council
action within two meetings (or such other future meeting), allowing City staff time to
prepare a summary of staffing and resource impacts. Action may be taken immediately
by the Council on colleague memos where there are no resource or staffing implications
or where these are fully outlined in the colleagues memo, provided that Brown Act
requirements are met.
For example, if this option is adopted, it could proceed as follows:
Step 1: Council members A and B meet with the City Manager
to discuss a colleague memo concerning the City’s
number of business licenses issued and what the City
can do to encourage more businesses to locate in the
City. In particular, they would like to see the City seek
private/public partnerships.
Step 2: City Manager determines that he is willing to address
the topic by providing an analysis of current trends in
business licenses being issued by the City and current
private/public partnerships. He also notes that
additional private/public partnership programs may
have impacts on staffing resources and the City’s
budget.
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Step 3: Council members A and B then consult with the City
Manager and City Attorney regarding the proposed
title of the colleague memo so that it contains all
actions that the Council members want completed at
the desired meeting.
Step 4: Council members A and B draft a colleague memo
and provide the memo to the City Manager for
finalization (including the addition of any staff analysis)
and placement on the next regular agenda as a
business item.
Step 5: At the meeting the colleague memo is introduced,
after some discussion, it is determined that the action
will impact staff resources and affect work priorities.
Because of this, staff will study and research the issue
further, and will then bring the item back within two
meetings.
Step 6: Within two meetings, the item is back with a fully
realized analysis by City staff for Council to consider
and to potentially take action upon.
This option requires Council to work closely with City staff in order to facilitate the
development of council members’ desired policies. The City of Palo Alto utilizes this
method.
Conclusion and Recommendation
The City Attorney’s office recommends either Option 2 or 3. Either option would require
the City Council to add a “Future Agenda Item Requests by City Council” section as
shown below which would allow the public to know that Council Members may make
requests for future agenda items in accordance with the Brown Act:
Call to Order
Invocation
Pledge of Allegiance
Roll Call
Special Presentations
Consent Calendar
Public Comment on Matters not on the Regular Agenda
City Council Communications
Public Hearings
Unfinished Business
New Business
Future Agenda Item Requests by City Council
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City Manager Communications
Closed Session
Adjourn
The remaining question for the City Council is whether the City Council wants an
informal procedure (Option 2 – general consensus) or a formal procedure (Option 3 – a
formal vote) to place an item on a future agenda. Upon receiving direction, staff will then
prepare the appropriate materials to implement the desired procedures.
FISCAL IMPACT:
There is no fiscal impact in considering and providing direction under this report.
APPROVALS:
Adrian Guerra Completed 02/06/2019 7:08 PM
Finance Completed 02/06/2019 7:24 PM
City Attorney Completed 02/06/2019 7:28 PM
City Manager Completed 02/06/2019 8:52 PM
City Council Pending 02/12/2019 6:00 PM
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