05/14/2019CITY OF GRAND TERRACE
CITY COUNCIL AND CITY COUNCIL AS THE SUCCESSOR AGENCY
TO THE COMMUNITY REDEVELOPMENT AGENCY
AND HOUSING AUTHORITY
AGENDA ● MAY 14, 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 ca lled 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 d uring
normal business hours. In addition, such documents will be posted on the Ci ty’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 May 14, 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 – 04/23/2019
DEPARTMENT: CITY CLERK
3. Attachment to Minutes - 04/23/2019
DEPARTMENT: CITY CLERK
4. Planning Commission, Historical & Cultural Activities Committee, and Parks &
Recreation Advisory Committee Meeting Minutes
RECOMMENDATION:
Receive and file.
DEPARTMENT: CITY CLERK
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 re strictions 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 questio ns raised during public comment or may
request a matter be agendized for a future meeting.
5. Colton Joint Unified School District Communication
D. CITY COUNCIL COMMUNICATIONS
Council Member Jeff Allen
Council Member Bill Hussey
Council Member Sylvia Robles
Mayor Pro Tem Doug Wilson
Mayor Darcy McNaboe
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City of Grand Terrace Page 3
E. PUBLIC HEARINGS
To speak on Public Hearing Items, please fill out a Request to Speak Form and give it
to the City Clerk. Each person will be allowed 3 minutes to address the City Council. If
you challenge in court any action taken concerning a Public Hearing item, you may be
limited to raising only those issues you, or someone else, raised at t he Public Hearing
described in this notice or in written correspondence delivered to the City at, or prior to,
the Public Hearing.
All Public Hearings will be conducted following this format:
a) Public Hearing opened
b) Written communication
c) City Council questions/staff comments
d) Applicant's comments (applicant not limited to 3 minutes)
e) Oral - favor and opposition (speakers limited to 3 minutes)
f) Applicant’s rebuttal (applicant not limited to 3 minutes)
g) Public Hearing closed
h) City Council deliberation
6. General Plan Amendment 18-01 and Zoning Code Amendment 18-01 to Delete the
Requirement of a Specific Plan for Development in the Hillside Residential Areas When
the Property is One-Acre or Less in Size and Served by Public Infrastructure a nd Fire
Service
RECOMMENDATION:
1) Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
ADOPTING GENERAL PLAN AMENDMENT 18-01 AMENDING POLICY 2.2.1,
TABLE 2.3, AND TABLE 2.6 OF THE GENERAL PLAN LAND USE ELEMENT
ELIMINATING THE SPECIFIC PLAN REQUIREMENT FOR CERTAIN
DEVELOPMENTS WITHIN THE HILLSIDE LOW DENSITY RESIDENTIAL LAND
USE DESIGNATION; and
2) Read by Title Only, Waive Further Reading and Introduce AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, FINDING
THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15061(b)(3) AND
AMENDING TITLE 18 (ZONING) OF THE GRAND TERRACE MUNICIPAL CODE
BY AMENDING SECTION 18.10.040 OF CHAPTER 18.10 (RESIDENTIAL ZONES)
ELIMINATING THE SPECIFIC PLAN REQUIREMENT FOR CERTAIN
DEVELOPMENTS IN THE HILLSIDE RESIDENTIAL ZONE DISTRICT
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
7. Annexation #5 of Tract No. 18604 (Generally Located in the Area of Van Buren Street,
Tesoro Court, and Gage Canal) into Landscape & Lighting Assessment District 89 -1
RECOMMENDATION:
1) Conduct the Public Hearing; and
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City of Grand Terrace Page 4
2) Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA APPROVING THE ENGINEER’S REPORT AND
CONFIRMING A DIAGRAM AND ASSESSMENT DESCRIBED THEREIN,
APPROVING THE ANNEXATION OF TRACT 18604 INTO THE CITY OF GRAND
TERRACE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1
AND ORDERING THE WORK IN CONNECTION THEREWITH, AND LEVYING
THE ASSESSMENT FOR FISCAL YEAR 2019-2020
DEPARTMENT: PUBLIC WORKS
F. UNFINISHED BUSINESS
8. Animal Control Community Workshop Results on Proposed Ordinances Amending
Regulations Relating to Animal Control
RECOMMENDATION:
1. Receive and Accept the Summary Report; and
2. Provide Staff Direction on Items 1, 2, and 11
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
G. NEW BUSINESS
9. Priorities Work Program
RECOMMENDATION:
Provide staff with direction to set Priority Work Program Workshop(s) as City Council
desires.
DEPARTMENT: CITY MANAGER
10. Public Convenience and Necessity Finding for Proposed Grocery Outlet to be Located
at 22441 Barton Road for Type 20 Off -Sale Beer and Wine License
RECOMMENDATION:
1. Make a positive finding of Public Convenience or Necessity for a Type 20 Off -Sale
Beer and Wine License For the Proposed Grocery Outlet Market Located at 22411
Barton Road; and
2. Direct Staff to Issue the Proposed Public Convenience or Necessity Letter to the
California Department of Alcohol Beverage Control in Support of Grocery Outlet's
Type 20 Off-Sale Beer and Wine License.
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
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11. Professional Services Agreement Between the City of Grand Terrace and UltraSystems
Environmental, Inc. for Environmental Services Related to Conditional Use Permit 19 -01
(Proposed Trailer Storage Use at APN 0275-191-06 and 30)
RECOMMENDATION:
1) Approve an Agreement with UltraSystems Environmental, Inc. in the amount of
$40,560.00; and
2) Authorize the City Manager to Execute the Contract, subject to City Attorney
approval as to form.
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
12. Professional Service Agreements for on Call Planning and Environmental Services
Between the City of Grand Terrace and Moore, Iacofano, Goltsman, Inc., and Mike
Baker International
RECOMMENDATION:
1. Approve Professional Services Agreements Between the City of Grand Terrace and
Moore Iacofano Goltsman, Inc., and Michael Baker International (each with 3 year
terms), subject to the City Manager’s approval/negotiation and the City Attorney’s
approval as to form; and
2. Authorize the City Manager to Execute the Agreements, subject to the City
Manager’s approval/negotiation and the City Attorney’s approval as to form .
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
13. Notice of Completion for the Dog Park and Settlement Agreement with Clean Cut
Landscaping
RECOMMENDATION:
1. Authorize the appropriation of $66,493 from the following
a. $54,254 from the General Fund bond proceeds; and
b. $12,239 from Measure I funds to fund the final payments to Clean Cut
Landscaping;
2. Direct Staff to file a Notice of Completion for the Dog Park work completed by Clean
Cut Landscaping; and
3. Approve the settlement agreement and authorize the Mayor to execute the
settlement agreement, subject to City Attorney approval as to form, that authorizes
the final payment to Clean Cut Landscaping in the amount of $102,645.67
(representing all final outstanding payments due to Clean Cut Landscaping) as
provided in the settlement agreement.
DEPARTMENT: PUBLIC WORKS
14. Approval of Contract with the Boys & Girls Clubs of Greater Redlands-Riverside to
Provide the City of Grand Terrace’s 2019 Summer Swim Pr ogram in the Amount Not to
Exceed $25,198.00
Agenda Grand Terrace City Council May 14, 2019
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RECOMMENDATION:
1. Waive the Competitive Bidding Requirement for the 2019 City of Grand Terrace
Summer Swim Program; and
2. Approve Contract with The Boys & Girls Clubs of Greater Redlands-Riverside to
Provide the City of Grand Terrace’s 2019 Summer Swim Program in the Amount Not
to Exceed $25,198.00, subject to City Attorney approval as to form; and
3. Authorize the City Manager to Execute the Agreement Between the City of Grand
Terrace and the Boys & Girls Club of Greater Redlands-Riverside for the 2019
Summer Swim Program, subject to City Attorney approval as to form.
DEPARTMENT: CITY MANAGER
15. Adoption of a Resolution Setting a Public Hearing Relating to Refuse Rate Increases
RECOMMENDATION:
Adopt Resolution No. 2019-__ setting forth a public hearing date of July 9, 2019, to hear
matters pertaining to proposed waste and recycle rate increases.
DEPARTMENT: PUBLIC W ORKS
16. Rescind Authorization to Enter into Lease Agreement with EVGO and Approve Lease
Agreement with Carbon Solutions to Provide Electric Vehicle Equipment and Related
Services for Electric Vehicle Charging Stations (EVCS) on City Property
RECOMMENDATION:
1. Rescind authorization to enter into Lease Agreement previously awarded to EVGO
for Electric Vehicle Service Equipment and Related Services for an Electric Vehicle
Charging Station Project (EVCS) on City property;
2. Approve a Lease Agreement between the City and Carbon Solutions for Electric
Vehicle Service Equipment and Related Services for an EV Charging Station Project
on City property, subject to City Attorney approval as to form;
3. Authorize the City Manager to Execute the Agreement, subject to City Attorney
approval as to form;
4. Acknowledge, by executing the lease agreement, the City agrees to use or sign over
the California Energy Commission's Southern California Incentive Program (SCIP)
grant for up to $140,000 for the project.
DEPARTMENT: PUBLIC WORKS
Agenda Grand Terrace City Council May 14, 2019
City of Grand Terrace Page 7
17. Update and Implementation of Parking Restrictions on De Berry
RECOMMENDATION:
1. Review findings from staff.
2. Direct staff with respect to implementation of parking restrictions on De Berry,
including conducting any related studies.
DEPARTMENT: PUBLIC WORKS
H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL
Pursuant to City Council policy set forth in the 2030 Vision and 2014 ‐2020 Strategic
Plan, if a City Council Member is interested in a task or project that will require more
than one hour of staff time to complete, the item will be agendized to ask the City
Council if time should be spent on preparing a report on the proposed item. In
accordance with this policy, this is the opportunity for City Council Members to request
that an item be placed on a future agenda and authorize staff to prepare an agenda
report. To ensure compliance with the Brown Act, the request shall be su bmitted to the
City Manager at least one week in advance of the meeting so that the topic can be
included on the agenda under this section. In order for any listed item to be placed on a
future agenda, the City Council must act by formal motion (i.e., requ ires a motion and a
second) to direct the City Manager to place the item on a future agenda. Pursuant to the
requirements of the Brown Act, no other items may be considered other than those
listed below.
1. Create Master Plan for Long Term Underground Utilities
Requested By: Mayor McNaboe
2. Request Survey and Cost Estimate for Installation of Street Lights on Existing Power
Poles
Requested By: Council Member Hussey
I. CITY MANAGER COMMUNICATIONS
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City of Grand Terrace Page 8
J. RECESS TO CLOSED SESSION
CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, pursuant to Government
Code Section 54956.8
Properties: 22317 Barton Road, APN 1167-231-01
22273 Barton Road, APN 1167-231-02
22293 Barton Road, APN 1167-311-01
City Negotiators: G. Harold Duffey, City Manager
Adrian Guerra, City Attorney
Negotiating Parties: Greens Group, Inc.
Under Negotiation: Price and terms of payment
RECONVENE TO OPEN SESSION
REPORT OUT OF CLOSED SESSION
K. ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, May 28, 2019 at 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 AND THE CITY COUNCIL AS THE SUCCESSOR AGENCY
TO THE COMMUNITY REDEVELOPMENT AGENCY
AND HOUSING AUTHORITY
MINUTES ● APRIL 23, 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 and City
Council as the Housing Authority at 6:00 p.m.
INVOCATION
The Invocation was given by Council Member Bill Hussey.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by The REC Center Stars cheerleading squad.
Attendee Name Title Status Arrived
Darcy McNaboe Mayor Present
Doug Wilson Mayor Pro Tem Present
Sylvia Robles Council Member Present
Bill Hussey Council Member Present
Jeff Allen Council Member Present
G. Harold Duffey City Manager Present
Adrian Guerra City Attorney Present
Debra Thomas City Clerk Present
Alan French Public Works Director Present
Sandra Molina Planning & Development Services Director Present
Cynthia A. Fortune Assistant City Manager Absent
A. SPECIAL PRESENTATIONS - NONE
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B. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Bill Hussey, Council Member
AYES: McNaboe, Wilson, Robles, Hussey, Allen
1. Waive Full Reading of Ordinances on Agenda
2. Approval of Minutes – Regular Meeting – 04/09/2019
3. Attachment to Minutes - Regular Meeting - 04/09/2019
4. City Department Monthly Activity Report - March 2019
RECEIVE AND FILE.
5. February-2019 Monthly Financial Report
RECEIVE AND FILE THE FEBRUARY-2019 MONTHLY FINANCIAL REPORT.
6. Second Reading and Adoption of an Ordinance Adding Chapter 12.56 to the Municipal
Code to Regulate Wireless Telecommunication Facilities in the Public Right of Way
1. READ BY TITLE ONLY, WAIVE FURTHER READING AND ADOPT AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA, AMENDING CHAPTER 12 OF THE GRAND TERRACE
MUNICIPAL CODE BY ADDING CHAPTER 12.56, WHICH ESTABLISHES
REGULATIONS FOR ALL WIRELESS TELECOMMUNICATION FACILITIES
LOCATED IN THE PUBLIC RIGHT OF WAY IN THE CITY OF GRAND TERRACE
7. Quarterly Business License Report Ending March 31, 2019
RECEIVE AND FILE THE QUARTERLY BUSINESS LICENSE REPORT ENDING
MARCH 31, 2019.
8. Resolution Adopting List of Projects Proposed to be Funded by SB 1 2019-2020
RECOMMENDATION:
ADOPT RESOLUTION NO. 2019-20 APPROVING THE LIST OF PROJECTS TO BE
SUBMITTED TO THE CALIFORNIA TRANSPORTATION COMMISSION (CTC) FOR
ROAD MAINTENANCE AND REHABILITATION ACCOUNT (RMRA) FUNDING
C. PUBLIC COMMENT
Jennifer Araiza, The REC Center brought in The REC Center Stars cheerleading squad
who performed their routine for the City Council.
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Valerie Holmes, Chairman Veteran’s Wall of Freedom Committee invited the City
Council to the Committee’s Memorial Day event. The speaker is Dr. Colonel Conrad
Salinas, and the names of the fallen will be read.
D. CITY COUNCIL COMMUNICATIONS
Council Member Jeff Allen
Council Member Jeff Allen attended the meeting of the San Bernardino County Solid
Waste Task Force on April 17, 2019 and discussed the following:
· CalRecycle - Proposed Regulatory Text for Short Lived Climate Pollutants
o Enforcement of Recycling Laws
o Reduction of Food Waste
o Locations for Digester Systems
o Legislative Updates
Council Member Allen also attended the City/County Conference on April 18-19, 2019
and commented on the annual housing goals of the Governor and reforming CEQA.
Council Member Bill Hussey
Council Member Bill Hussey attended the San Bernardino County Gang & Drug Task
Force on April 10, 2019, and discussed the following:
· Grants and Scholarships
· Mission Statement: The San Bernardino Countywide Gangs and Drugs Task
Force is committed to a leadership role in advocating the prevention and
suppression of gang membership and drug use throughout San Bernardino
County through coordination, collaboration, and communication between
education, law enforcement, the criminal justice system, elected officials, private
enterprise, and community at-large.
Council Member Hussey attended Community Clean Up day on April 13, 2019 and
wanted to thank all of the volunteers and City staff who participated.
Council Member Hussey also attended the City/County Conference on April 18 -19,
2019 and commented on the housing market and the economist who spoke regarding
the possible economic downturn.
Council Member Hussey, Johan Gallo, Lieutenant Doug Wolfe and G. Harold Duffey
City Manager met with Assemblymember Eloise Reyes to discuss ways to enhance the
City’s sheriff service. The State cannot provide funding for sheriff man hours however
can receive funding for things like infrastructure, cameras, signage, and neighborhood
watch.
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Council Member Sylvia Robles
Nothing to report.
Mayor Pro Tem Doug Wilson
Mayor Pro Tem Doug Wilson attended the San Bernardino Valley Municipal Water
District Board Meeting and discussed the following:
· Senate Bills
· Assembly Bills
· Water Availability (Clean Water Act)
· Water Retention and Conservation
· State Drought Conditions
Mayor Darcy McNaboe
Mayor Darcy McNaboe attended the San Bernardino County Transportation General
Policy Committee and Metro Study Session meetings and discussed the following:
· Received reports on Measure I receipts for the year
· Reviewed Estimated Insurance Premiums for the Fiscal Year
· Recommended Approval of Amendment for the San Bernardino Regional Energy
Partnership Contract with Southern California Gas Company
· Reviewed State and Federal Legislative Updates
· Received Major Project Status Report
· Preview of Hearings to Consider Resolutions of Necessity for the Interests in
Interstate 10 Corridor Contract Project
· Received a Presentation on Landscaping Scenarios and Costs
· Recommended Release of a Final Request for Proposal for Design Build
Contract for the Mt. Vernon Viaduct
· Recommended Approval to a Cooperative Agreement with Caltrans for the
Construction of State Route 210 Lane Addition.
· Received a Report to Provide Comments on the Plan Update for the 10 Year
Delivery Plan for the Valley Freeway Projects
Mayor McNaboe also attended the California Joint Powers Insurance Authority Annual
Workshop and discussed the following:
· Forming of a Captive Insurance Entity, wholly owned by the Joint Powers
Insurance Authority serving to lower the rates for member agencies
Mayor McNaboe attended the City/County Conference on April 18-19, 2019 and was
very interested in hearing from the San Bernardino County Museum speaker on ideas to
bring the museum into the 21st Century. She also attended the following sessions:
· GenerationGO! A Work-based Learning Initiative Workshop
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· Autonomous Vehicle - Second Coming of the Car
· Dinner Speaker - Nathan Masters, host of KCET’s “Lost L.A.”
· Authentically Engaging Your Community
· Christopher Thornberg - What’s Ahead for Our Economy
**All of the speakers have their presentation notes on the SBCTA’s website for those
who may want to have access.
Mayor McNaboe wished congratulations to Adrian Guerra, City Attorney and his wife on
the birth of their new child.
E. PUBLIC HEARINGS - NONE
F. UNFINISHED BUSINESS - NONE
G. NEW BUSINESS
9. Professional Services Agreement with KTUA to Prepare the Michigan Street
Walkability/Complete Street Plan and Appropriation of Bond Funds Thereof in the
Amount of $74,509.00
Sandra Molina, Planning and Development Services Director gave the Power Point
presentation for this item.
PUBLIC COMMENT
Steve Kendall, Grand Terrace has concerns regarding the design for M ichigan Street;
specifically, as it relates to his steep driveway. He has requested someone from the City
travel to his home to look at the design of his driveway and provide their thoughts on
how this project may impact his property and those neighbors wi th similar driveways.
1. APPROVE A PROFESSIONAL SERVICES CONTR ACT WITH KTUA IN THE
AMOUNT OF $74,509.00 FOR PREPARATION OF THE MICHIGAN STREET
WALKABILITY/COMPLETE STREET PLAN, SUBJECT TO CITY ATTORNEY
APPROVAL AS TO FORM;
2. AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT,
SUBJECT TO CITY ATTORNEY APPROVAL AS TO FORM;
3. APPROPRIATE $74,509.00 FROM THE GENERAL FUND 2011 BOND
PROCEEDS BALANCE TO ACCOUNT NO. 10-955-800-XXX FOR KTUA -
MICHIGAN STREET WALKABILITY/COMPLETE STREET PLAN; AND
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4. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE APPROVING AN EXPENDITURE OF BOND PROCEEDS TO
CONTRACT FOR PROFESSIONAL SERVICES FOR THE MICHIGAN STREET
WALKABILITY/COMPLETE STREET PLAN.
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Sylvia Robles, Council Member
AYES: McNaboe, Wilson, Robles, Hussey, Allen
10. Approve Contract for Traffic Signal Modification Design Services with Albert A. Webb
Associates and Authorize Expenditure of $9,140 in Spring Mou ntain Ranch Traffic
Mitigation Funds for Said Contract
Alan French, Director of Public Works gave the Power Point presentation for this item.
Council Member Allen asked what type of signal light would be installed at the location.
Director French stated that a five head signal allowing a protected left; officially called a
permitted protected signal head.
Mayor McNaboe expressed her concerns and does not believe the design will change
anything at the intersection, that no studies have been performed at the intersection
showing that the design will have an impact and that the residents will not like the
design change at the location.
1. APPROVE CONTRACT WITH ALBERT A. WEBB ASSOCIATES FOR
PROFESSIONAL SERVICES TO PROVIDE TRAFFIC ENGINEERING SERVICES
FOR THE SIGNAL MODIFICATION PROJECT, IN THE AMOUNT OF $9,140;
2. AUTHORIZE THE CITY MANAGER TO SIGN THE CONTRACT SUBJECT TO
CITY ATTORNEY APPROVAL AS TO FORM; AND
3. AUTHORIZE THE APPROPRIATION OF $9,140 THE SPRING MOUNTAIN
RANCH MITIGATION FUND FUND BALANCE FOR THE ABOVE-MENTIONED
CONTRACT.
RESULT: APPROVED [4 TO 1]
MOVER: Bill Hussey, Council Member
SECONDER: Jeff Allen, Council Member
AYES: Doug Wilson, Sylvia Robles, Bill Hussey, Jeff Allen
NAYS: Darcy McNaboe
11. Approval of MOU with City of West Hollywood to Transfer $200,000 of Rule 20A Funds
to West Hollywood in Exchange for $100,000 and Authorize Use the Proceeds for Law
Enforcement Purposes
G. Harold Duffey, City Manager and Doug Wolfe, Lieutenant for the County of San
Bernardino County Sheriff’s Department gave the Power Point presentation for this
item.
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PUBLIC COMMENT
Johan Gallo, Grand Terrace supports the approval of an MOU to provide additional
funding for the sheriff’s department.
Jeffrey McConnell, Grand Terrace supports the approval of an MOU to provide
additional funding for the sheriff’s department but would like to see some of the fundi ng
used for the Barton Road and Michigan Street beautification projects.
Debra Thomas, City Clerk read an email into the record from Ken Henderson, Grand
Terrace who provided support for the recommendation to approve the proposed MOU
between the City of W est Hollywood and the City of Grand Terrace.
Council Member Hussey moved to approve to:
1. Authorize the City Manager to execute the Memorandum of Understanding
(MOU) between the City of Grand Terrace and City of West Hollywood, subject to
City Attorney approval as to form, whereby the City will transfer $200,000 in Rule
20A Funds to West Hollywood in Exchange for $100,000.00; and
2. Authorize the City Manager to Send a Letter to SCE, Directing SCE to Transfer
$200,000 of Rule 20A Allocation from Grand Terrace’s Allocation to the City of
West Hollywood; and
3. Authorize Revenue and Expense appropriations to the Public Safety Fund
(General Fund sub-fund) to Place Proceeds Derived from the MOU for the
Express Purpose of Enhanced Law Enforcement Services in F iscal Year
2018/2019 in the amount of $100,000 respectively.
The motion by Council Member Hussey died for lack of a second.
Council Member Allen moved, with a second from Council Member Robles to bring the
item back to the City Council during the budget deliberation process.
RESULT: APPROVED [4 TO 1]
MOVER: Jeff Allen, Council Member
SECONDER: Sylvia Robles, Council Member
AYES: Darcy McNaboe, Doug Wilson, Sylvia Robles, Jeff Allen
NAYS: Bill Hussey
Council Member Robles wants to ensure that staff brings to its budget deliberation
process presentation, information that the City does not have enough development to
have a permanent revenue stream for the item and she would like staff to perform a
deeper dive on when the City incorporated, what the intent of going to charter city was
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and the utility tax issue so Council has a clear understanding, 360 from genesis to now,
on where the City is at on the sheriff issue.
12. Priorities Workshop
G. Harold Duffey, City Manager gave the presentation for this item.
City Manager Duffey asked the Council if staff is hitting the right target by having the
type of meeting being proposed.
Council Member Robles stated that the City of Highland held a meeting amongst the
City Council, welcoming the public, to look at the pieces of initiatives the Counc il had to
establish a work plan for the year. Council Member Robles suggested bringing the item
back after staff has a chance to review how the City of Highland held its priorities
workshop.
Mayor McNaboe informed staff that the date being proposed will n ot work for her.
City Manager Duffey acknowledged that the staff report will be brought back to the next
City Council meeting for discussion.
RESULT: NO ACTION TAKEN
H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL
1. Motion: Evaluation of Zoning Near School Properties
Council Member Allen moved with a second from Council Member Robles:
1. Direct Staff to bring the item to the Planning Commission to address zoning
surrounding the local schools and provide a recommendation to City Council for
its review and consideration; and
2. Invite Colton Joint Unified School District for input.
RESULT: ADOPTED [4 TO 0]
MOVER: Jeff Allen, Council Member
SECONDER: Sylvia Robles, Council Member
AYES: Darcy McNaboe, Sylvia Robles, Bill Hussey, Jeff Allen
ABSTAIN: Doug Wilson
I. CITY MANAGER COMMUNICATIONS
G. Harold Duffey, City Manager shared a short video of the volunteers who participated
in the April 13, 2019 Pickup Paint and Plant, Keep Grand Terrace Beautiful event.
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The City had a half page feature published in the Inland Empire magazine: Live, Grow &
Play in the Center of the Inland Empire along with an article outlining the quality of life
within Grand Terrace.
City Manager Duffey reminded the City Council of the upcoming Grand Terrace Art
Show sponsored by the Grand Terrace Historical & Cultural Activities Committee
scheduled Sunday, May 5, 2019 from 1-4 p.m. at City Hall.
J. RECESS TO CLOSED SESSION
Mayor McNaboe recessed the Regular Meeting of the City Council at 7:50 p.m.
CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, pursuant to Government
Code Section 54956.8 (CITY OF GRAND TERRACE)
Property: 22273 Barton Road, APN 1167-231-02
City Negotiators: G. Harold Duffey, City Manager
Adrian Guerra, City Attorney
Negotiating parties: To be determined
Under negotiation: Price and terms of payment
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, pursuant to Government
Code Section 54956.8 (HOUSING AUTHORITY OF GRAND TERRACE)
Properties: 22317 Barton Road, APN 1167-231-01 and
22293 Barton Road, APN 1167-311-01
Housing Authority Negotiators: G. Harold Duffey, Executive Director
Adrian Guerra, General Counsel
Negotiating Parties: To be determined
Under negotiation: Price and terms of payment
RECONVENE TO OPEN SESSION
Mayor McNaboe reconvened the Regular Meeting of the City Council at 8:20 p.m.
REPORT OUT OF CLOSED SESSION
Mayor McNaboe announced there was not reportable action taken and direction was
given to staff.
B.2
Packet Pg. 17 Minutes Acceptance: Minutes of Apr 23, 2019 6:00 PM (Consent Calendar)
Minutes Grand Terrace City Council and Housing Authority April 23, 2019
City of Grand Terrace Page 10
K. ADJOURN
Mayor McNaboe adjourned the Regular Meeting of the City Council at 8:21 p.m. The
Next Regular City Council Meeting will be held on Tuesday, May 14, 2019 at 6:00 p.m.
_________________________________
Darcy McNaboe, Mayor
_________________________________
Debra Thomas, City Clerk
B.2
Packet Pg. 18 Minutes Acceptance: Minutes of Apr 23, 2019 6:00 PM (Consent Calendar)
CITY OF GRAND TERRACE
CITY COUNCIL AND CITY COUNCIL AS THE SUCCESSOR AGENCY
TO THE COMMUNITY REDEVELOPMENT AGENCY
AND HOUSING AUTHORITY
MINUTES ● AP RIL 23, 2019
Council Chamber Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace
ATTACHMENTS TO
April 23, 2019
City Council Minutes
PowerPoint Presentations
B.3
Packet Pg. 19 Communication: Attachment to Minutes - 04/23/2019 (Consent Calendar)
Additional Gas Tax and DMV registration
Money – estimated 2019‐20 at $200,000
Using year 3 CIP list and a section of Barton Road
Provide list to SBCTA
B.3
Packet Pg. 20 Communication: Attachment to Minutes - 04/23/2019 (Consent Calendar)
Professional Services
Agreement with KTUA to
Prepare the Michigan Street
Walkability/Complete Street
Plan
APRIL 23, 2019
2030 VISION STATEMENT
Supports our Vision, “…a place where
residents can enjoy an outstanding quality
of life…”
Michigan Street traffic reduction
Streetscape for build-out of Michigan Street
Multi-modal: Pedestrian, Bicyclists, Motorist
B.3
Packet Pg. 21 Communication: Attachment to Minutes - 04/23/2019 (Consent Calendar)
BACKGROUND
April 9, 2019 City Council Meeting
Moved to April 23, 2019
October 9, 2018 City Council Meeting
Approved a Priority Project List for the Use of BondProceeds
Prioritized the Michigan Street Walkability/CompleteStreet Project
RFP was sent to 11 consulting firms
3 other contacted us
6 Responses received, reviewed and rated
B.3
Packet Pg. 22 Communication: Attachment to Minutes - 04/23/2019 (Consent Calendar)
SCOPE OF
WORK
Two community outreach
meetings
Two community outreach
meetings
•Elements: Continuous sidewalks, Parkway
Landscaping, Decorative lighting, Traffic Calming,
Street furniture, Bikeways
Concept DesignConcept Design
•Implementation through grants, funding sources,
future development
Final DesignFinal Design
3-D Fly through video3-D Fly through video
B.3
Packet Pg. 23 Communication: Attachment to Minutes - 04/23/2019 (Consent Calendar)
RECOMMENDATION
Approve Agreement in the amount of
$74,509.00 for preparation of the Michigan Street
Walkability/Complete Street Plan
Approve
Authorize the City Manager to Execute the
Contract, subject to City Attorney approval as to
form; and
Authorize
Appropriate $74,509.00 from the General
Fund 2011 Bond Proceeds BalanceAppropriate
Adopt a Resolution approving the
expenditure of Bond Proceeds for the ProjectAdopt
B.3
Packet Pg. 24 Communication: Attachment to Minutes - 04/23/2019 (Consent Calendar)
B.3
Packet Pg. 25 Communication: Attachment to Minutes - 04/23/2019 (Consent Calendar)
Traffic Signal conformance
This Contract scope for Signal Modification
Design adding new signal head
Amount of effort $9,140
Under contract for Commerce Way Design
Use 5% Spring Mountain ranch Fund
B.3
Packet Pg. 26 Communication: Attachment to Minutes - 04/23/2019 (Consent Calendar)
Approve MOU, Direct City
Manager and Appropriate Funds
for Enhanced Law Enforcement
Services
Tonight’s Discussion
Tonight’s Discussion
1) Approval of MOU with City of West Hollywood for
Transfer of $200,000 Rule 20A Credits.
2) Authorize City Manager to Send Letter to Southern
California Edison (SCE), Requesting Exchange (Transfer) of
Rule 20A Credits.
3) Appropriate Revenue ($100,000) from MOU Proceeds to
Public Safety Fund
B.3
Packet Pg. 27 Communication: Attachment to Minutes - 04/23/2019 (Consent Calendar)
What is Rule 20A?
California Public Utilities Program
Developed in 1960 to
Underground Utilities
What is Rule 20A?
•In Order to Qualify to Use Rule 20A
Funding a City Must:
•Public Benefit
•Eliminate an Unusual Heavy
Concentration of Overhead Lines;
•Involve Street or Road with High Volume
of Traffic;
•Benefit Civic, Public Recreation of Scenic
Interest
•Be Listed as Arterial Street or Major
Collector
B.3
Packet Pg. 28 Communication: Attachment to Minutes - 04/23/2019 (Consent Calendar)
What is Rule 20A?
•Each City Originally Allocated Credits
Based on Utility Meters.
•In the 1990’s Formula Changed to a
Complex Formula.
•Public Utilities Recoup Their Costs by
Taking Total Annual Credit Allotments
and Submitting Cost as a Part of Their
General Rate Case.
•Basically, a Rate Payer Fund Program.
B.3
Packet Pg. 29 Communication: Attachment to Minutes - 04/23/2019 (Consent Calendar)
What is Rule 20A?
•Grand Terrace’s Allotment is
Approximately $25,000 Per Year. The
Current Balance is $926,000.
•TheCityofGrandTerraceHasNever
Submitted Any Plan to Use
Underground Credits.
•Only Real Identified Project is
Undergrounding of 1 Pole on
Southeast Corner of Barton & Mt.
Vernon. (Estimated $446,400.00)
* All other poles on Michigan (28 Poles), Mt. Vernon (Over
30) are estimated to cost $100,000 to $125,00 per pole.
B.3
Packet Pg. 30 Communication: Attachment to Minutes - 04/23/2019 (Consent Calendar)
What is Rule 20A?
•If MOU is Approved, Grand Terrace’s
Credit Will Be $726,000 (But City
Could Tackle Projects Up to $850,000
Because SCE Allows Advances of Up
to 5 Years)
Approve MOU
B.3
Packet Pg. 31 Communication: Attachment to Minutes - 04/23/2019 (Consent Calendar)
1) Approve MOU
A) MOU Between City of Grand Terrace & West
Hollywood Deal Points.
1) City of Grand Terrace to Request
Transfer of $200,000 in Rule 20A Credits
to West Hollywood’s Rule 20A Account.
2) West Hollywood Agrees to Pay City of
Grand Terrace $100,000 (50% of
Transferred Amount)
2) Authorize City Manager to Send
Letter to SCE
B.3
Packet Pg. 32 Communication: Attachment to Minutes - 04/23/2019 (Consent Calendar)
2) Authorize City Manager to Send Letter to SCE
The MOU is an Agreement Between Grand Terrace & West
Hollywood.
•Therefore, the Exchange (Transfer) Must be Initiated by Grand
Terrace, with an Official Request Directing SCE to Transfer
$200,000 of Grand Terrace’s Rule 20A Allotment to West
Hollywood.
•SCE is Not a Party to MOU and Does Not Regulate or Govern the
MOU Between Cities
3) Appropriation of Revenue from
MOU to Public Safety Fund
(Sub‐fund of General Fund)
B.3
Packet Pg. 33 Communication: Attachment to Minutes - 04/23/2019 (Consent Calendar)
3) Appropriation of Revenue from MOU to
Public Safety Fund
Accomplishes 2030 Vision:
Goal 1 – Ensure Our Fiscal Viability by Identifying
New Revenue Sources.
Goal 2 – Maintain Public Safety by Ensuring Staff
Levels Remain Adequate for Our Community.
3) Appropriation of Revenue from MOU to
Public Safety Fund
Action Also Identified in City Manager Implementation
Plan of the 2030 Vision.
This Action is also Consistent with Section 2.1.3 of City
Manager Implementation Plan, Use of One‐Time
Resources.
B.3
Packet Pg. 34 Communication: Attachment to Minutes - 04/23/2019 (Consent Calendar)
Lt. Wolfe Has Developed an Action
Plan to Utilize the Proceeds from
the MOU
Grand Terrace
Cover Deputy Overtime
Doug Wolfe, Lieutenant
San Bernardino County Sheriff’s Department
dwolfe@sbcsd.org
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Packet Pg. 35 Communication: Attachment to Minutes - 04/23/2019 (Consent Calendar)
Recommendation for Increasing Patrol Staffing
•Current staffing
–1 – 24 hour deputy and 1 – 40 hour deputy
•(Option A) Our recommendation add 1 – 40 hour deputy,
$296,618
•(Option B) Covering position with overtime
–24 hours per week/52 Weeks $100,000
Recommendations Cont.
Increasing Grand Terrace staffing levels will help with the
following:
•Will increase staffing levels to provide more coverage during
peak times
•Increase the level of service to the citizens of Grand Terrace
(Quality of life issues)
•Create a safer work environment for the Deputies
B.3
Packet Pg. 36 Communication: Attachment to Minutes - 04/23/2019 (Consent Calendar)
Current vs. upgraded patrol schedule
Position can reduce current overtime costs
•Quality of life issues within the city of Grand Terrace (10 hours
per week)
•Help with traffic issues / complaints (Schools)
•We can adjust hours for special projects (4th of July, community
park events, etc. which adds up to 40+ hours of overtime per
year)
B.3
Packet Pg. 37 Communication: Attachment to Minutes - 04/23/2019 (Consent Calendar)
Recommendation
•I recommend the city of Grand Terrace secures the funding
($100,000) to pay for 24 hours of overtime each week, for a
year, which would give us two deputies working in Grand
Terrace during the busiest times of the shift.
QUESTIONS?
Doug Wolfe, Lieutenant
San Bernardino County Sheriff’s Department
dwolfe@sbcsd.org
B.3
Packet Pg. 38 Communication: Attachment to Minutes - 04/23/2019 (Consent Calendar)
Questions?
Approve Staff
Recommendations
B.3
Packet Pg. 39 Communication: Attachment to Minutes - 04/23/2019 (Consent Calendar)
City Manager’s Update
4/23/2019
B.3
Packet Pg. 40 Communication: Attachment to Minutes - 04/23/2019 (Consent Calendar)
B.3
Packet Pg. 41 Communication: Attachment to Minutes - 04/23/2019 (Consent Calendar)
AGENDA REPORT
MEETING DATE: May 14, 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:
Planning Commission – None to Report.
On May 6, 2019, the Historical & Cultural Activities Committee held its Regular Meeting
and approved its April 1, 2019 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 June 3, 2019.
On April 11, 2019, the Parks & Recreation Advisory Committee held its Regular Meeting
and approved its March 14, 2019 Regular Meeting minutes. The minutes for this
meeting is included as an attachment to this report. The Committee’s next Regular
Meeting is scheduled for May 9, 2019.
B.4
Packet Pg. 42
FISCAL IMPACT:
None.
ATTACHMENTS:
• 04-01-2019 - H&C Minutes (PDF)
• 03-14-2019 P&R Minutes (PDF)
APPROVALS:
Debra Thomas Completed 05/07/2019 11:40 AM
City Attorney Completed 05/07/2019 3:52 PM
Finance Completed 05/08/2019 10:08 AM
City Manager Completed 05/08/2019 11:28 AM
City Council Pending 05/14/2019 6:00 PM
B.4
Packet Pg. 43
B.4.aPacket Pg. 44Attachment: 04-01-2019 - H&C Minutes (Committee and Commission Minutes)
B.4.aPacket Pg. 45Attachment: 04-01-2019 - H&C Minutes (Committee and Commission Minutes)
B.4.bPacket Pg. 46Attachment: 03-14-2019 P&R Minutes (Committee and Commission Minutes)
B.4.bPacket Pg. 47Attachment: 03-14-2019 P&R Minutes (Committee and Commission Minutes)
B.4.bPacket Pg. 48Attachment: 03-14-2019 P&R Minutes (Committee and Commission Minutes)
C.5Packet Pg. 49Communication: Colton Joint Unified School District Communication (Public Comment)
C.5Packet Pg. 50Communication: Colton Joint Unified School District Communication (Public Comment)
AGENDA REPORT
MEETING DATE: May 14, 2019 Council Item
TITLE: General Plan Amendment 18-01 and Zoning Code
Amendment 18-01 to Delete the Requirement of a Specific
Plan for Development in the Hillside Residential Areas When
the Property is One-Acre or Less in Size and Served by
Public Infrastructure and Fire Service
PRESENTED BY: Sandra Molina, Planning & Development Services Director
RECOMMENDATION: 1) Adopt A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF GRAND TERRACE, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA ADOPTING
GENERAL PLAN AMENDMENT 18-01 AMENDING
POLICY 2.2.1, TABLE 2.3, AND TABLE 2.6 OF THE
GENERAL PLAN LAND USE ELEMENT ELIMINATING
THE SPECIFIC PLAN REQUIREMENT FOR CERTAIN
DEVELOPMENTS WITHIN THE HILLSIDE LOW DENSITY
RESIDENTIAL LAND USE DESIGNATION; and
2) Read by Title Only, Waive Further Reading and
Introduce AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF GRAND TERRACE, CALIFORNIA, FINDING
THAT THIS ORDINANCE IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
PURSUANT TO SECTION 15061(b)(3) AND AMENDING
TITLE 18 (ZONING) OF THE GRAND TERRACE
MUNICIPAL CODE BY AMENDING SECTION 18.10.040
OF CHAPTER 18.10 (RESIDENTIAL ZONES)
ELIMINATING THE SPECIFIC PLAN REQUIREMENT FOR
CERTAIN DEVELOPMENTS IN THE HILLSIDE
RESIDENTIAL ZONE DISTRICT
2030 VISION STATEMENT:
These Amendments support the City’s 2030 Vision Plan, Goal #3, Promote Economic
Development by providing for development in hillside residential areas where it is
reasonable to develop land without the requirement for a specific plan.
BACKGROUND:
The Hillside Low Density Residential Designation (HLDR) in the General Plan Land Use
Map is located on the east side of the city along the steep slopes of blue mountain.
This area is zoned Hillside Residential (HR) in the Zoning Map and it is identified by
E.6
Packet Pg. 51
physical characteristics and environmental constraints including steep slopes and rocky
slides. The General Plan and Zoning Map require any development proposed within the
Hillside designation to have the minimum density of one dwelling u nit per acre and
provide a special evaluation of all environmental issues, including provisions for the
protection of natural resources, demonstrate that building pads and streets can be
graded with minimal impact to the hillside and views, and that adequa te utilities, public
services and fire protection can be provided.
Prior to development of property in this area, a developer is required to submit a
Specific Plan to the City for adoption. A Specific Plan is a comprehensive planning and
zoning document for a defined geographic region of the City, i.e. it serves as the zoning
code for that specific area. A Specific Plan is regulated by the California Government
Code (Section 65451 through 65470), which requires diagrams and text identifying the
standards and criteria by which development will proceed, including standards for
development, land use, private and public transportation, infrastructure and financing.
DISCUSSION:
Specific plans are most commonly appropriate for large scale developments that lack
infrastructure, access, have topographic constraints, and for which development
standards are required. However, the current regulations take a “one -size fits all”
approach by requiring all properties to have a specific plan irrespective of the size and
actual conditions of the subject site. Accordingly, even for a smaller property where one
residential unit is being proposed and it is readily served by infrastructure, access, and
the fire department, the current regulations require a Specific Plan, which could be
costly and unnecessary.
To address this concern, staff has recommended revisions to the General Plan and
Zoning Code. The proposed amendments to the General Plan will provide that "a
specific plan may not be required for existing parcels that are one acre or less in size,
are readily served by existing infrastructure, have public access, and fire services can
be readily provided". As a policy document, the words “may not” gives the City Council
flexibility in the future to determine if a Specific Plan is necessary without having to
amend the General Plan again.
Currently, staff does not believe a Specific Plan is necessary for existing parcels that
are one acre or less in size, are readily served by existing infrastructure, have public
access, and fire services can be readily provided. Accordingly, to implement the
General Plan, staff has recommended that the Zoning Code be amended to provide that
Specific Plans shall not be required under those circumstances at this time .
On April 18, 2019, the Planning Commission conducted a public hearing on the
proposed amendments, and voted 5 -0 recommending that the City Council adopt
E.6
Packet Pg. 52
General Plan Amendment 18-01 to amend Policy 2.2.1, Table 2.3, and Table 2.6 of the
General Plan Land Use Element and Zoning Code Amendment 18-01 to amend Section
18.10.040, Table 18.10.040, Footnote (a) of Chapter 18.10 Residential Zones . The
Planning Commission Staff Report is attached.
SB 18 CONSULTATION:
Pursuant to Senate Bill 18, Government Code §65352.3, whenever the Gener al Plan is
proposed to be amended the City must provide for consultation with Native American
Tribes for the purpose of preserving places, features and objects of cultural significance.
Consultation letters were mailed to the California Native American Tribes identified by
the California Native American Heritage Commission (NAHC) which began a ninety (90)
day consultation period. Only one Native American Tribe commented and
recommended conditions related development of the site, but not particularly the
general plan amendment.
PUBLIC NOTICE:
Notice of the public hearing was published in the Grand Terrace City News, posted in
three locations, and mailed to property owners ten (10) days prior to the hearing date.
The standard mailing radius is 300 feet from the subject property lines. In this instance,
the mailing was expanded to property owners within 600 feet from the terminus of
Westwood Street.
ENVIRONMENTAL REVIEW:
The General Plan Amendment 18-01 and the Zoning Code Amendment 18-01
(collectively, the “project”) are exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15061(b)(3) in that the project is covered by the general
rule that CEQA applies only to projects, which have the potential for causing a
significant effect on the environment. The project will not have a significant effect on the
environment because the amendments only change administrative procedures relating
to the requirement of a specific plan.
FISCAL IMPACT:
Implementation of the legislative changes will not create a fiscal impact.
ATTACHMENTS:
• GP Amendment 18-01_Resolution (DOCX)
• Ordinance_ZCA 18-01 (DOC)
• Notice of Exemption_GPA and ZCA (DOC)
E.6
Packet Pg. 53
APPROVALS:
Sandra Molina Completed 04/27/2019 9:30 PM
City Attorney Completed 05/07/2019 5:08 PM
Finance Completed 05/08/2019 3:37 PM
City Manager Completed 05/08/2019 5:58 PM
City Council Pending 05/14/2019 6:00 PM
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Packet Pg. 54
Page 1 of 5
RESOLUTION NO. 2019-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
ADOPTING GENERAL PLAN AMENDMENT 18-01 AMENDING POLICY
2.2.1, TABLE 2.3, AND TABLE 2.6 OF THE GENERAL PLAN LAND
USE ELEMENT ELIMINATING THE SPECIFIC PLAN REQUIREMENT
FOR CERTAIN DEVELOPMENTS WITHIN THE HILLSIDE LOW
DENSITY RESIDENTIAL LAND USE DESIGNATION
WHEREAS, pursuant to Section 65300 of the State Planning and Zoning Law
(Division 1 Title 7 of the California Government Code) on April 27, 2010, the City of
Grand Terrace adopted Resolution 2010 -10 adopting a General Plan to provide
comprehensive, long-range planning guidelines for future growth and development
which incorporates the following nine elements: Land Use, Circulation, Open Space and
Conservation, Public Health and Safety, Noise, Public Services, Housing, and
Sustainable Development. Each element of the General Plan provides Goals,
Programs, and Policies as required by State Law; and
WHEREAS, the Hillside Low Density Residential (HLDR) designation is applied
to the hillside areas of Blue Mountain, considered a natural resource subject to special
consideration to protect the scenic views and environmental resources of the mountain ;
and
WHEREAS, the HLDR designation of the General Plan requires that properties
within the designated areas demonstrate that building pads and streets can be graded
with minimal impact to the hillside and views, and that adequate utilities and public
services, including drainage, domestic water, sanitary sewer, fire protection can be
provided. It requires that proposed developments within the HLDR prepare a specific
plan; and
WHEREAS, General Plan Amendment 18-01 proposes to amend the General
Plan Land Use Element so that properties of a certain size with infrastructure readily
available and that can be readily provided fire protection services may be developed
without the requirement for a specific plan; and
WHEREAS, General Plan Amendment 18-01 is exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) in that the activity is
covered by the general rule that CEQA applies only to projects, which have the potential
for causing a significant effect on the environment.
WHEREAS, on April 18, 2019, the Planning Commission conducted a duly
noticed public hearing on General Plan Amendment 18-01 at the Grand Terrace Council
Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and voted 5-
0, recommending that the City Council adopt General Plan Amendment 18 -01 to amend
Policy 2.2.1, Table 2.3, and Table 2.6 of the Land Use Element ; and
E.6.a
Packet Pg. 55 Attachment: GP Amendment 18-01_Resolution [Revision 4] (GPA 18-01 and ZCA 18-01)
Page 2 of 5
WHEREAS, on May 14, 2019, the City Council conducted a duly noticed public
hearing on General Plan Amendment 18-01 at the Grand Terrace Council Chambers
located at 22795 Barton Road, Grand Terrace, California 92313 and concluded the
hearing on said date; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Grand
Terrace:
Section 1. The Recitals set forth above are true and correct and incorporated
herein by this reference.
Section 2. Based upon the foregoing, oral and written testimony presented by
members of the public and City staff (including reports and presentations made at the
public hearing), the City Council hereby finds that the General Plan Amendment 18-01
satisfies the requirements of CEQA because:
a. The activity is covered by the general rule that CEQA applies only to
projects, which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA. The project will not have
a significant effect on the environment bec ause the amendment only
amends administrative procedures for the requirements of a specific plan.
Section 3. Based upon the foregoing, oral and written testimony presented by
members of the public and City staff (including reports and presentations made at the
public hearing), the City Council finds as follows with respect to General Plan
Amendment 18-01:
a. General Plan Amendment 18-01 is consistent with the intent of the Hillside
Low Density Residential designation of the General Plan Land Use
Element. The existing designation identifies that the HLDR designation
requires preparation of a specific plan in the hillside area. Given the
topography of the hillside area, lack of infrastructure (i.e. sewer, water,
etc.); lack of access and challenges related to fire protection services, the
preparation of a specific plan is appropriate. However, the HLDR
designation does not provide consideration for properties that do not
exhibit those characteristics.
General Plan Amendment 18-01 proposes to amend the Land Use
Element so that it provides consideration from specific plan requirements
for those properties that are one acre or less in size, are readily served by
existing infrastructure where topography, adequate infrastructure, and
access are present. It is appropriate to amend the Land Use Element, as
E.6.a
Packet Pg. 56 Attachment: GP Amendment 18-01_Resolution [Revision 4] (GPA 18-01 and ZCA 18-01)
Page 3 of 5
proposed, because the amendment carves out only limited circumstances
where a specific plan would not be required, and therefore, the
amendment is a procedural change. In all other circumstances, a specific
plan would be required in accordance with the General Plan. Therefore,
this amendment is consistent with the General Plan.
b. The Amendment promotes Land Use Goal 2.2 to preserve and enhance
the quality and character of the City’s residential neighborhoods because
it maintains the integrity of the intent of the specific plan requirement.
c. Adoption of this General Plan Amendment is not in conflict with Section
65358(b) of the Government Code relating to the number of amendments
permitted per year, because this amendment is the first amendment of
calendar year 2019.
Section 4. Based upon the forgoing, oral and written testimony presented by
members of the public and City staff (including reports and presentations made at the
public hearing), this Council hereby adopts General Plan Amendment 18-01, attached
hereto as Exhibits 1.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the 14th day of May 2019.
__________________________
Darcy McNaboe, Mayor
ATTEST:
Debra L. Thomas, City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra City Attorney
E.6.a
Packet Pg. 57 Attachment: GP Amendment 18-01_Resolution [Revision 4] (GPA 18-01 and ZCA 18-01)
Page 4 of 5
Exhibit 1
General Plan Amendment 18-01
POLICY 2.2.1 OF THE GENERAL PLAN LAND USE ELEMENT IS REVISED TO
READ AS FOLLOWS:
Policy 2.2.1:
Any development occurring within the Hillside residential designation shall be required to
prepare a Specific Plan. Except that a specific plan may not be required for existing
parcels that are one acre or less in size, are readily served by existing infrastructure, have
public access, and fire services can be readily provided.
TABLE 2.3 OF THE GENERAL PLAN LAND USE ELEMENT IS REVISED TO READ
AS FOLLOWS:
Table 2.3
City of Grand Terrace
General Plan Land Use Designations
Land Use Designation Purpose of Land Use
RESIDENTIAL
Hillside Low Density Residential
(HLDR)
Maximum Density – 1 dwelling
unit per gross acre
The hillside areas of Blue Mountain located at the far eastern edge of
the City are considered a natural resource that requires special
consideration to protect the scenic views and environmental
resources of the mountain. Any development proposed within the
Hillside designation will require special evaluation of all
environmental issues and must include provisions for the protection
of all natural resources within the area. Properties within the
designated areas must demonstrate that building pads and streets can
be graded with minimal impact to the hillside and views, and that
adequate utilities and public services, including drainage, domestic
water, sanitary sewer, fire protection can be provided. Proposed
developments within this area shall be required to prepare a Specific
Plan. A Specific Plan may not be required for existing parcels that
are one acre or less in size, are readily served by existing
infrastructure, have public access and fire services can be readily
provided. Clustered development that protects sensitive slopes and
natural resources shall be strongly encouraged.
E.6.a
Packet Pg. 58 Attachment: GP Amendment 18-01_Resolution [Revision 4] (GPA 18-01 and ZCA 18-01)
Page 5 of 5
TABLE 2.6 GENERAL PLAN IMPLEMENTATION PROGRAM OF THE GENERAL PLAN LAND USE ELEMENT IS
REVISED TO READ AS FOLLOWS:
Policy Project Review Initiative
Policy/Action Primary Responsibility Support Responsibility Funding Source Priority Land Use Element
Goal 2.2: Preserve and enhance the quality and character of the City’s residential neighborhoods.
2.2.1 X Any development occurring within the Hillside Residential designation shall be required
to prepare a Specific Plan. A Specific Plan may not be required for existing parcels
that are one acre or less in size, are readily served by existing infrastructure, have
public access, and fire services can be readily provided.
a. Enforce the current requirement for the preparation of a Specific Plan for
development proposed in areas designated as Hillside Residential.
CD CA GF 1
E.6.a
Packet Pg. 59 Attachment: GP Amendment 18-01_Resolution [Revision 4] (GPA 18-01 and ZCA 18-01)
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, FINDING THAT THIS ORDINANCE IS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
PURSUANT TO SECTION 15061(b)(3) AND AMENDING TITLE 18
(ZONING) OF THE GRAND TERRACE MUNICIPAL CODE BY
AMENDING SECTION 18.10.040 OF CHAPTER 18.10 (RESIDENTIAL
ZONES) ELIMINATING THE SPECIFIC PLAN REQUIREMENT FOR
CERTAIN DEVELOPMENTS IN THE HILLSIDE RESIDENTIAL ZONE
DISTRICT
WHEREAS, the City of Grand Terrace (“City”) adopted a zoning code, which has
been amended from time to time; and
WHEREAS, Chapter 18.10 (Residential Zones) requires the preparation of a
Specific Plan for all proposed development located within the Hillside Residential zone
district; and
WHEREAS, Zoning Code Amendment 18-01 proposes to amend Section
18.10.040 (Site Development Standards) of Chapter 18.10 (Residential Zones) relating
to the preparation of a specific plan; specifically, a specific plan shall not be required for
existing parcels that are one acre or less in size, are readily served by existing
infrastructure, have public access, and fire services can be readily provided; and
WHEREAS, state law requires that the City’s Zoning Code (Title 18 of the Grand
Terrace Municipal Code) conform with the General Plan’s goals and policies.
WHEREAS, pursuant to Sections 65800 and 65850 of the California
Government Code, the City may adopt ordinances to regulate the use of buildings,
structures, and land as between industry, business, residences, and open space, and
other purposes; to regulate the location, height, bulk, number of storie s and size of
buildings and structures, the size and use of lots, yards, courts and other open spaces,
the percentage of a lot which may be occupied by a building or structure, and the
intensity of land use; and to establish requirements for off -street parking, in compliance
with the California Government Code.
WHEREAS, Zoning Code Amendment 18-01 is exempt from California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) in that the activity is
covered by the general rule that CEQA applies only to projects, which have the
potential for causing a significant effect on the environment. The project will not have a
significant effect on the environment because the amendments only change
administration procedures to the requirement of the specific plan; and
E.6.b
Packet Pg. 60 Attachment: Ordinance_ZCA 18-01 [Revision 3] (GPA 18-01 and ZCA 18-01)
WHEREAS, on April 18, 2019, the Planning Commission of the City of Grand
Terrace conducted a duly noticed public hearing on Zoning Code Amendment 18-01 at
the Grand Terrace City Hall Council Chambers located 22795 Barton Road, Grand
Terrace, California 92313 and concluded the hearing by voting to recommend City
Council approval; and
WHEREAS, on May 14, 2019, the City Council of the City of Grand Terrace
conducted a duly noticed public hearing on Zoning Code Amendment 18-01 at the
Grand Terrace City Hall Council Chambers located 22795 Barton Road and concluded
the hearing on said date; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have
occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY GRAND TERRACE
DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby specifically finds that all the facts set forth
in the above Recitals, are true and correct and are incorporated herein as findings of the
City Council.
SECTION 2. The City Council hereby finds that the Project is not subject to
environmental review pursuant to Section 15061(b)(3) of Title 14 the California Code
of Regulations because the amendments only amend administrative procedures for
the requirement of a specific plan.
SECTION 3. Based on substantial evidence presented to the City Council during
the public hearing, including public testimony, and written and oral staff reports, the City
Council specifically finds as follows with regard to Zoning Code Amendment 18-01:
a. Zoning Code Amendment 18-01 will not be detrimental to the health,
safety, morals, comfort, or general welfare of the persons residing or
working within the neighborhood of the proposed amendment or injurious
to property or improvements in the neighborhood or within the City
because the amendment identifies the parameters by which a specific
plan is not required, specifically lots that are one acre or less in size, that
are served by existing infrastructure, have public access, and that can be
provided with fire services. It is not justifiable to requ ire a specific plan that
meet these criteria and are not creating the potential impacts of lots
without infrastructure, circulation, access or that create other impacts.
b. The proposed Zoning Code amendment is consistent with the General
Plan for which General Plan Amendment 18-01 has been filed to similarly
amend the requirement for a specific plan.
SECTION 4. Section 18.10.040 (Site Development Standards), Table 18.10.040,
E.6.b
Packet Pg. 61 Attachment: Ordinance_ZCA 18-01 [Revision 3] (GPA 18-01 and ZCA 18-01)
Footnote (a) of Chapter 18.10 (Residential Zones) of Title 18 of the Grand Terrace
Municipal Code is amended as contained in attached Exhibit 1 of this ordinance and
incorporated herein by reference.
SECTION 5. Inconsistencies. Any provision of the Grand Terrace Municipal
Code or appendices thereto inconsistent with the provisions of this Ordinance, to the
extent of such inconsistencies and no further, is hereby repealed or modified to that
extent necessary to affect the provisions of this Ordinance.
SECTION 6. Severability. Should any provision of this Ordinance, or its
application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall
have no effect on any other provision of this Ordinance or the application of this
Ordinance to any other person or circumstance and, to that end, the provisions hereof
are severable. The City Council of the City of Grand Terrace declares that it would have
adopted all the provisions of this ordinance that remain valid if any provisions of this
ordinance are declared invalid.
SECTION 7. Effective Date. This Ordinance shall become effective thirty (30)
days from and after its adoption.
SECTION 8. Certification. The Mayor shall sign, and the City Clerk shall certify
to the passage and adoption of this Ordinance and shall cause the same to be
published and posted pursuant to the provisions of law in that regard and this Ordinance
shall take effect 30 days after its final passage.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the _____ day of _____, 2019.
__________________________
Darcy McNaboe, Mayor
ATTEST:
Debra L. Thomas, City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra City Attorney
E.6.b
Packet Pg. 62 Attachment: Ordinance_ZCA 18-01 [Revision 3] (GPA 18-01 and ZCA 18-01)
Exhibit 1
Zoning Code Amendment 18-01
SECTION 18.10.040 (SITE DEVELOPMENT STANDARDS), TABLE 18.10.040,
FOOTNOTE (a) IS REVISED AS FOLLOWS:
a.
A specific plan shall be required for all proposed projects (including tentative parcel or tract maps)
which include any property located within this district, except that a specific plan shall not be required
for existing parcels that are one acre or less in size, are readily served by existing infrastructure, have
public access, and fire services can be readily provided. Such a specific plan shall establish site
development standards on a project by project basis in consideration of the existing topography and
other physical constraints.
The specific plan shall not create a density greater than one dwelling unit per gross acre and shall be
consistent with the city's general plan. The specific plan may consider a clustered development concept in
order to preserve large areas of open space and minimize the project's impact on the physical environment.
E.6.b
Packet Pg. 63 Attachment: Ordinance_ZCA 18-01 [Revision 3] (GPA 18-01 and ZCA 18-01)
C:\users\dthomas\appdata\roaming\iqm2\minutetraq\grandterracecityca@grandterracecityca.iqm2.com\work\attachments\5388.doc
22795 Barton Road, Grand Terrace, California, 92313-5295 909/824-6621 Fax 909/783-2600
CITY OF GRAND TERRACE
NOTICE OF EXEMPTION
TO: Clerk of the Board of Supervisors FROM: Planning and Development
County of San Bernardino Services Department
385 N. Arrowhead Avenue, 2nd Floor City of Grand Terrace
San Bernardino, CA 92415-0130 22795 Barton Road
Grand Terrace, CA 92313
Project Title: General Plan Amendment 18-01 and Zoning Code Amendment 18-01
Project Location – Specific: City Wide
Description of Project: General Plan Amendment 18-01 and Zoning Code Amendment 18-01
will exempt properties designated Hillside Low Density Residential (HLDR) on the General
Plan Land Use Map and Zoned RH-Hillside Residential on the Zoning Map, that are one acre
or less in size and are served by existing infrastructure from the requirement to prepare a
specific plan.
Name of Public Agency Approving Project: City of Grand Terrace, City Council
Project Proponent: City of Grand Terrace, Planning and Development Services Department
Exempt Status: California Code of Regulations, Title 14, Section 15061(b)(3)
Reasons Why Project is Exempt: Section 15061(b)(3) of the California Environmental
Quality Act (CEQA) Guidelines. This section exempts projects if the project activity is covered
by the general rule that CEQA applies only to projects , which have the potential for causing a
significant effect of the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment. The
project will not have a significant effect on the environment because the amendments only
change administration procedures to the requirement of the specific plan .
Lead Agency or Contact Person: Area Code/Telephone
(909) 824-6621
______________________________ _________________
Haide Aguirre Date
Assistant Planner
E.6.c
Packet Pg. 64 Attachment: Notice of Exemption_GPA and ZCA (GPA 18-01 and ZCA 18-01)
AGENDA REPORT
MEETING DATE: May 14, 2019 Council Item
TITLE: Annexation #5 of Tract No. 18604 (Generally Located in the
Area of Van Buren Street, Tesoro Court, and Gage Canal)
into Landscape & Lighting Assessment District 89-1
PRESENTED BY: Alan French, Public Works Director
RECOMMENDATION: 1) Conduct the Public Hearing; and
2) Adopt A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF GRAND TERRACE, CALIFORNIA
APPROVING THE ENGINEER’S REPORT AND
CONFIRMING A DIAGRAM AND ASSESSMENT
DESCRIBED THEREIN, APPROVING THE ANNEXATION
OF TRACT 18604 INTO THE CITY OF GRAND TERRACE
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT
NO. 89-1 AND ORDERING THE WORK IN CONNECTION
THEREWITH, AND LEVYING THE ASSESSMENT FOR
FISCAL YEAR 2019-2020
2030 VISION STATEMENT:
This staff report supports Goal #1, "Ensuring Fiscal Viability" by ensuring proper cost
recovery for services.
BACKGROUND:
In 1989, the City Council formed the City of Grand Terrace Lighting and Landscaping
Assessment District No. 89-1 (the “District”) pursuant to the provisions of the
Landscaping and Lighting Act of 1972 (the “Act”). The Act provides for the levy and
collection of District assessments on the San Bernardino County tax rolls to pay for the
maintenance and operation of lighting facilities, landscaping improvements, and
appurtenant facilities and services related thereto within the District.
Since 1989, the City Council has annexed land into the District four times. By this
agenda item, staff is recommending that the City Council annex the area withi n Tract
No. 18604 (which is generally located in the area of Van Buren Street, Tesoro Court,
and Gage Canal) into the District. Participation in a Landscaping Assessment District is
a condition of approval for Tract No. 18604.
DISCUSSION:
In order to annex Tract No. 18604 into the District as Annexation No. 5, four steps are
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required:
1. The City Council is required to initiate proceedings for the annexation of
territory into the District and order an engineer’s report to be prepared in
accordance with the requirements of state law.
2. The City Council is required to preliminarily approve the engineer’s report
for the proposed annexation of territory into the District and proposed
assessments described in the report.
3. The City Council is required declare its intention to annex the proposed
territory into the District and set a public hearing (minimum 45 days
thereafter) in accordance with the Act and Proposition 218.
4. Following the public hearing, the City Council may formally take action to
annex the proposed territory into the District.
At its meeting on March 12, 2019, the City Council adopted resolutions to effectuate the
first three steps. In the third resolution adopted at that meeting, the City Council
declared its intention to annex the proposed area into the District and set May 14, 2019
as the date for the public hearing in accordance with the Act and Proposition 218.
This agenda item is for the purpose of conducting the public hearing and adoption of a
Resolution for the annexation of Tract 18604 into the District. Staff notes that the
proposed territory is owned by one property owner and that property owner has
provided his written consent to the annexation. Staff, therefore, recommends that the
City Council adopt the proposed resolution formally annexing the proposed territory into
the District and authorizing the levy of the assessment.
FISCAL IMPACT:
The Engineer's Report has estimated the fiscal impact will be $26.41 per month per lot
to maintain the Assessment District. This amoun t will be reimbursed to the City through
the collection of property taxes by the County of San Bernardino for each parcel.
ATTACHMENTS:
• I. Public Hearing Instruction Sheet (DOCX)
• II. Order of Procedure (DOCX)
• Engineer's Report TR 18604 (PDF)
• Confirmation Resolution (DOCX)
APPROVALS:
Alan French Completed 05/02/2019 3:17 PM
City Attorney Completed 05/08/2019 4:51 PM
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Packet Pg. 66
Finance Completed 05/08/2019 6:41 PM
City Manager Completed 05/08/2019 7:49 PM
City Council Pending 05/14/2019 6:00 PM
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Packet Pg. 67
INSTRUCTION SHEET – PUBLIC HEARING
CITY OF GRAND TERRACE
LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1
PUBLIC HEARING
MAJORITY PROTEST: Any interested person may file a written protest with the
City Clerk, stating the grounds for their objection. Said protest shall contain a
description of the property sufficient to identified said property. All interested persons
shall be afforded the opportunity to be heard at the Public Hearing. If written protests
submitted, and not withdrawn, constitutes in excess of fifty (50%) percent of the total
value of the assessment, the proceedings must be abandoned.
ASSESSMENT ROLL
If there are to be no changes or modifications in the individual assessment
amounts, then the assessment roll as previously prepared should be confirmed. A copy
of the confirmed assessments should be filed in the Office of the City Engineer, with a
duplicate copy on file in the office of the City Clerk and open for public inspection.
RESOLUTION CONFIRMING ASSESSMENT
The adoption of this Resolution constitutes the levy of the special assessment for
the fiscal year so referred to in the assessment.
COUNTY AUDITOR
Immediately after the adoption of the Resolution Confirming the Diagram and the
Assessment, and no later than the August 10, 2019, the Clerk shall file a copy of the
assessment diagram and the assessment, or a certified copy thereof, with the County
Auditor. I would recommend that together with a copy of the diagram and assessment, a
certified copy of the Resolution Confirming the Assessment be forwarded also.
FISCAL YEAR
The Assessment, as levied for these proceedings, will relate to the fiscal year
commencing July 1, 2019, and ending June 30, 2020. Note that an annual updating of
the proceedings will be required for each subsequent fiscal year to accomplish the levy
for the ensuing fiscal year.
E.7.a
Packet Pg. 68 Attachment: I. Public Hearing Instruction Sheet (Landscape & Lighting Assessment District 89-1 Annexation #5)
FUTURE PROCEEDINGS
Be advised that it is necessary, each year, to update the Engineer’s “Report” and
approve said “Report” for the ensuing fiscal year. We should all probably mark our
calendars for some time after the first of the year to begin the process.
CHANGES AND MODIFICAITONS AT HEARING
During the course of the Public Hearing, or upon the conclusion of said hearing,
the legislative body may order changes in the improvements, the boundaries of the
District, or any zones thereof. The legislative body may, without further notice, order the
exclusion of territory from the district, but no property shall be added to said District
except upon the following terms and conditions:
a. Upon written request by a property owner for the inclusion of his property;
b. Upon the legislative body declaring its intention to add additional property and
directing that mailed notice be given to the property owners within the
proposed annexed.
I would recommend that if any changes are to be considered, the matter be
continued so that the proper documentation can be drafted.
E.7.a
Packet Pg. 69 Attachment: I. Public Hearing Instruction Sheet (Landscape & Lighting Assessment District 89-1 Annexation #5)
ORDER OF PROCEDURE
CITY OF GRAND TERRACE
LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1
PUBLIC HEARING DATE:
STAFF:
CITY COUNCIL:
May 14, 2019
Present ENGINEER’S REPORT,
general discussion of LANDSCAPING
AND STREET LIGHTING DISTRICT
NO. 89-1
See attached INSTRUCTION SHEET –
PUBLIC HEARING
Adopt RESOLUTION CONFIRMING
ANNEXATION
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Packet Pg. 70 Attachment: II. Order of Procedure (Landscape & Lighting Assessment District 89-1 Annexation #5)
City of Grand Terrace
Landscaping and Lighting
Assessment District No. 89-1
Annexation #5
Charles Abbott Associates
Contact:
Richard Pedersen, P.E.
Engineer’s Report
Tract 18604
E.7.c
Packet Pg. 71 Attachment: Engineer's Report TR 18604 (Landscape & Lighting Assessment District 89-1 Annexation #5)
2
Table of Contents
Tract 18604
Sheet Exhibit
Cover Sheet 1
Table of Contents 2
Annexation Overview Tract 18604 3
Assessment Diagram 4 “A”
Tract 18604 Landscape Plan Exhibit 5,6 “B”
Estimated Annual Maintenance Cost 7,8 “C”
Determined of Assessment amount 9,10 “D”
Assessment Roll, Property owners list 11 “E”
Landowner Consent 12 “F”
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Packet Pg. 72 Attachment: Engineer's Report TR 18604 (Landscape & Lighting Assessment District 89-1 Annexation #5)
3
City of Grand Terrace
Landscaping and Lighting
Assessment District No. 89-1
Annexation #5
Annexation Overview
Annexation #5, for Tract 18604, to the Grand Terrace Landscaping and Lighting Assessment
District No. 89-1 is being proposed to provide funding for the maintenance of landscaped
parkways on the north side of Van Buren Street adjacent to lots 1 and 17, graffiti removal on
the block wall along the east side of the Gage Canal within the western boundary of the tract,
streetlights, and street trees along Tesoro Court and Van Buren Street. Lot B is designated as
a retention basin and will be maintained as a dual-purpose basin, for retaining water and for a
small playground.
E.7.c
Packet Pg. 73 Attachment: Engineer's Report TR 18604 (Landscape & Lighting Assessment District 89-1 Annexation #5)
4
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Packet Pg. 74 Attachment: Engineer's Report TR 18604 (Landscape & Lighting Assessment District 89-1 Annexation #5)
5
EXHIBIT “B”
City of Grand Terrace
Landscaping and Lighting
Assessment District No. 89-1
Annexation #5
LANDSCAPE PLANS
Landscape Plans and Specifications for the improvements are those prepared BGE
Landscape Design, dated May 1, 2017. These Plans and Specifications have been filed
separately with the Clerk of the City of Grand Terrace and are incorporated by reference. In
summary, the improvements consist of landscaping.
Additionally, the district will include the maintenance of a water quality basin, designed for
storm water runoff purposes, designated as Lot “B”. The assessment diagram (Exhibit “A”) and
the landscaping plan (Exhibit “B”) illustrate the areas to be improved by the developer and
approved and accepted by the City of Grand Terrace.
The total square footage of the landscape surface areas is approximately 3,239 square feet.
There are 3 streetlights along Tesoro Court and 22 street trees, 17 on Tesoro Court and 5
along Van Buren Street.
E.7.c
Packet Pg. 75 Attachment: Engineer's Report TR 18604 (Landscape & Lighting Assessment District 89-1 Annexation #5)
6
City of Grand Terrace
Landscaping and Lighting
Assessment District No. 89-1
Annexation #5
E.7.c
Packet Pg. 76 Attachment: Engineer's Report TR 18604 (Landscape & Lighting Assessment District 89-1 Annexation #5)
7
Exhibit C
City of Grand Terrace
Landscaping and Lighting
Assessment District No. 89-1
Annexation #5
Estimated Annual Maintenance Cost
Landscape Maintenance: The total landscape area along the adjacent Van Buren Street and
in the Basin is approximately 3,239 square feet. It is estimated that this area would cost $0.02
per square foot per month to water and maintain.
Cost Estimate: 3,239 s.f. x $0.02 s.f./month x 12 month/year = $777/year
Tree Trimming/Pruning: An estimated cost of trimming the trees as needed. It is estimated
that tree trimming is $65/per tree per year. It is estimated that tree trimming will be required in
5 years.
Cost Estimate: 22 trees x $65/ x 1 time per year = $1,430/year
Street Light: The electrical cost is based on the minimum monthly charge.
Cost Estimate: $10/month x 3 streetlights x 12 month/year = $360/year
Perimeter Wall: The cost to maintain the wall for graffiti abatement
Cost Estimate: $50/month x 12 months = $600/year
Publishing, Noticing, Miscellaneous: An amount of $200 per year is assigned for the
proportionate share of the subject incidental costs.
Cost Estimate: $200/year.
Contingencies, Administration: An amount for the incidental costs for contingencies
including engineering and legal administration. This amount is an estimate based upon the
Annual Engineer’s Report for Assessment District 89-1.
Legal: $1000
Engineering: $850
Auditor Controller: $20
Cost Estimate: $1,870/year
E.7.c
Packet Pg. 77 Attachment: Engineer's Report TR 18604 (Landscape & Lighting Assessment District 89-1 Annexation #5)
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Estimated Annual Maintenance Cost (continued)
Annual Cost Estimate Summary:
Landscape Maintenance: $777/year
Tree Trimming/Pruning: $1,430/year
Street Light: $360/year
Perimeter Wall: $600/year
Publishing, Noticing, Miscellaneous: $200/year
Contingencies, Administration: $1,870/year
TOTAL $5,237/year
Total Regular Annual Maintenance Cost Estimate: $5,237/year
CAPITAL RESERVE COST ESTIMATE
Irrigation, Landscaping, and Lighting - major repair or replacement cost estimate: A
Capital Reserve is added to the annual assessment to cover non-routine maintenance costs.
In the event that any or all components of Annexation #5 need replacement or major repairs,
which is above and beyond the regular annual maintenance activities, which exceed the
regular annual maintenance cost, the Capital Reserve will be utilized.
Initial Installation cost
The landscape areas: $15,000
Capital Reserve Assessment Estimate (assumed 20 year life)
Improvement Initial Construction Cost Annual Reserve Amount
Irrigation & Landscaping $15,000 x 5% $750/year
Total Capital Reserve, Replacement and Major Repair Cost: $750/year
An escalation factor is hereby established to provide for increased maintenance costs due to
inflation in future fiscal years. The maximum annual increase shall be the current annualized
Consumer Price Index (expressed as a percent) plus two percent (2%). Said Consumer Price
Index shall be the Consumer Price Index for all Urban Consumers for the San Bernardino, Los
Angeles-Riverside-Orange County area, published by the United States Department of Labor,
Bureau of labor Statistics.
The Annualized Capital Reserve Cost along with the Regular Annual Maintenance cost
establishes the Maximum Annual Assessment.
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Packet Pg. 78 Attachment: Engineer's Report TR 18604 (Landscape & Lighting Assessment District 89-1 Annexation #5)
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Exhibit D
City of Grand Terrace
Landscaping and Lighting
Assessment District No. 89-1
Annexation #5
Determination of Assessment Amount
The landscape improvements maintained under this annexation will be installed per the
conditions of approval for Tract 18604. Because these landscape improvements are intended
to be an enhancement within and for the entire tract, they will provide specific and special
benefit to each lot within the tract, equally.
In performing the analysis, it was necessary to identify the benefits that the improvements
being financed and maintained render to the properties within the boundaries of the
Assessment District and to determine the extent to which such properties receive a direct and
special benefit as distinguished from benefits received by the general public.
Special Benefits
The maintenance of public landscaping and lighting provide a direct and special benefit to
those parcels within the tract boundaries. Landscaping will provide an aesthetic benefit, which
will enhance the parcels. Maintenance of this landscaping also improves erosion control and
dust abatement resulting in additional special benefits. The landscaping, lighting, and graffiti
abatement for the wall provides no benefit to any parcel outside of the boundaries of the
Assessment District No. 89-1, Annexation #4.
General Benefits
The street trees and lighting being maintained is located along Tesoro Court, a private road,
which provides primary access for each of the parcels, and the landscaping within the water
quality basin for storm water runoff, designated as Lot “B”. All landscaping and lighting are for
the sole benefit and enjoyment of those parcels within the boundaries of the Assessment
District No. 89-1, Annexation #5; therefore, the landscaping within the boundaries of the tract
being maintained does not result in any general benefits. There is approximately 20%
landscaping along Van Buren Street that may qualify for partial general benefit. It is
recommend that the cost of maintenance be share proportionally on a 50%-50% basis for the
landscape parkway along Van Buren Street with the City of Grand Terrace.
Public Lands
Lot “B”, which is encumbered by an easement to the City of Grand Terrace, is a basin utilized
specifically for storm water runoff for water quality purposes and a requirement for the tract to
mitigate the tract’s storm water runoff. Since it is used only for water quality purposes created
for the parcels within Assessment District No. 89-1, Annexation #5 boundary, the benefits
provided by the improvements do not provide any special benefit to lot “B”. Accordingly, this
parcel is also exempt from assessment.
E.7.c
Packet Pg. 79 Attachment: Engineer's Report TR 18604 (Landscape & Lighting Assessment District 89-1 Annexation #5)
10
Therefore, the maximum annual assessment to each lot is established and based on the
Regular Annual Maintenance Costs along with the Annualized Capital Reserve Costs per
Exhibit “B” divided by the number of lots within the tract. For the first several years, it is
anticipated that the cost to maintain the assessment district will be limited to the Regular
Maintenance. However, as costs rise due to major repairs and replacement, not covered by
regular maintenance, the Capital Reserve portion of the Maximum Annual Assessment will be
utilized. The annual assessment will never exceed the Maximum Annual Assessment,
excluding the annual escalation factor, without a vote by ballot by the property owners.
*Estimated Annual Maintenance and Servicing Costs:
Total Regular Annual Maintenance, Servicing and Incidental Costs: $5,237
Total Capital Reserve Costs: $750
Total Costs: $5,987
General Benefit deduction (50% of maintenance cost for Van Buren St.) -$599
Total Adjusted Annual Assessment $5,388
Total Number of Lots: 17
Maximum Per Lot Annual Assessment Amount: $316.94
Maximum Per Lot Monthly Assessment Amount: $26.41
*Excludes future escalation factors.
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Packet Pg. 80 Attachment: Engineer's Report TR 18604 (Landscape & Lighting Assessment District 89-1 Annexation #5)
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Exhibit E
City of Grand Terrace
Landscaping and Lighting
Assessment District No. 89-1, Annexation #5
PROPERTY OWNER LISTING, ASSESSMENT ROLL
Property Owners: Aegis-Van Buren Housing, L.P. Current as of February 19, 2019
Assessor’s Parcel Number: (17 residential lots to receive separate assessor’s numbers)
LEGAL DESCRIPTION: TRACT NO. 18604 IN THE CITY OF GRAND TERRACE, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA
OWNER: DARRYL MOORE
Lot # Address APN Assessed Amount
1 Tesoro Court To be assigned after map recordation $316.94
2 Tesoro Court To be assigned after map recordation $316.94
3 Tesoro Court To be assigned after map recordation $316.94
4 Tesoro Court To be assigned after map recordation $316.94
5 Tesoro Court To be assigned after map recordation $316.94
6 Tesoro Court To be assigned after map recordation $316.94
7 Tesoro Court To be assigned after map recordation $316.94
8 Tesoro Court To be assigned after map recordation $316.94
9 Tesoro Court To be assigned after map recordation $316.94
10 Tesoro Court To be assigned after map recordation $316.94
11 Tesoro Court To be assigned after map recordation $316.94
12 Tesoro Court To be assigned after map recordation $316.94
13 Tesoro Court To be assigned after map recordation $316.94
14 Tesoro Court To be assigned after map recordation $316.94
15 Tesoro Court To be assigned after map recordation $316.94
16 Tesoro Court To be assigned after map recordation $316.94
17 Tesoro Court To be assigned after map recordation $316.94
E.7.c
Packet Pg. 81 Attachment: Engineer's Report TR 18604 (Landscape & Lighting Assessment District 89-1 Annexation #5)
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Packet Pg. 82 Attachment: Engineer's Report TR 18604 (Landscape & Lighting Assessment District 89-1 Annexation #5)
01247.0006/548186.1
RESOLUTION NO. 2019-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA APPROVING THE ENGINEER’S REPORT
AND CONFIRMING A DIAGRAM AND ASSESSMENT DESCRIBED
THEREIN, APPROVING THE ANNEXATION OF TRACT 18604 INTO
THE CITY OF GRAND TERRACE LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT NO. 89-1 AND ORDERING THE WORK IN
CONNECTION THEREWITH, AND LEVYING THE ASSESSMENT FOR
FISCAL YEAR 2019-2020
WHEREAS, the City Council has, by previous Resolutions, formed and levied
annual assessments for the City of Grand Terrace Lighting and Landscaping
Assessment District No. 89-1 (hereafter referred to as the “District”) pursuant to the
provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the
California Streets and Highways Code, beginning with Section 22500 (hereafter referred
to as the “Act”), which Act provides for the levy and collection of District assessments on
the San Bernardino County tax rolls to pay for the maintenance and operation of lighting
facilities, landscaping improvements, and appurtenant facilities and services related
thereto within the District.
WHEREAS, the City Council has also, by previous Resolutions, annexed land
into the District.
WHEREAS, the City Council now desires to annex Tract 18604 into the District,
pursuant to the provisions of the Act, because the landscaping maintenance of certain
areas within the City is necessary to preserve the environment and aesthetic beauty of
the City and is in the general public interest; and, therefore, proposes to annex Tract
18604 into the City of Grand Terrace Landscaping and Lighting Assessment District No.
89-1, City of Grand Terrace, San Bernardino County, State of California.
WHEREAS, therefore, the City Council has retained Charles Abbot Associates,
Inc., as the assessment engineer, for the purpose of assisting with preparing a report
pursuant to the Act for the purpose of annexing the territory within Tract 18604 into the
District (“Engineer’s Report”) and to file the Engineer’s Report with the City Clerk in
accordance with Chapter 3, Section 22623 of the Act, and which Engineer’s Report is
on file in the office of the City Clerk of the City of Grand Terrace and incorporated herein
by this reference. The specific improvement areas and improvements therefore are
described in the Assessment District No. 89-1, Annexation No. 5, Engineer’s Report on
file in the office of the City Clerk of the City of Grand Terrace and incorporated herein by
this reference.
WHEREAS, on March 12, 2019, the City Council adopted Resolution No. 2019-
01, which initiated proceedings for the annexation of the land within Tract 18604 into the
District pursuant to the Act.
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Packet Pg. 83 Attachment: Confirmation Resolution [Revision 3] (Landscape & Lighting Assessment District 89-1 Annexation #5)
01247.0006/548186.1
WHEREAS, an Engineer’s Report has been prepared in accordance with the Act
and in accordance with the provisions of the California Constitution, Article XIIID, and
said report has been filed with the City Clerk, and the City Clerk has presented the
report to the City Council pursuant to the Act.
WHEREAS, on March 12, 2019, the City Council adopted Resolution No. 2019-
02, which resolution preliminarily approved the related Engineer’s Report.
WHEREAS, on March 12, 2019, the City Council adopted Resolution No. 2019-
03, which declared the City Council’s intent to annex Tract 18604 into the District
pursuant to the Act (“Resolution of Intention”).
WHEREAS, after adoption thereof, appropriate notice was provided, including
notice to all owners of property within T ract 18604, who are subject to any new or
increased assessment in compliance with applicable law.
WHEREAS, the sole owner of Tract 18604 has provided his written consent to
the annexation of Tract 18604 into the District.
WHEREAS, the City Council having duly received and considered evidence, oral
and documentary, concerning the annexation of Tract 18604 into the District and
concerning the necessity for the contemplated work and the benefits to be derived
therefrom and the City Council having now acquired jurisdiction to order the proposed
maintenance work, now desires to annex the proposed territory into the District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1: The preceding recitals are true and correct and incorporated herein
by reference.
SECTION 2: The City Council, pursuant to Chapter 3 Section 22624 (d) of the
Act, hereby approves and adopts the Engineer’s Report, attached hereto and on file
with the City Clerk, which contains a full and det ailed description of Annexation No. 5,
the improvements, the boundaries of Annexation No. 5, a certified copy of the diagram,
and the assessments upon assessable lots and parcels of land within Annexation No. 5,
to pay the costs and expenses associated with the maintenance and operation of
lighting, landscaping, and appurtenant facilities and services related thereto.
SECTION 3: The public interest and convenience requires the annexation of
Tract 18604 into the District and levying assessments for maintenance, and the City
Council hereby approves the annexation of Tract 18604 into the District and orders that
the work, as set forth and described in the Resolution of Intention, be done and made.
SECTION 4: The boundaries of the land within Tract 18640 being annexed into
the District are within the incorporated City limits of the City of Grand terrace, within the
County of San Bernardino, State of California and in an area designated as: Annexation
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Packet Pg. 84 Attachment: Confirmation Resolution [Revision 3] (Landscape & Lighting Assessment District 89-1 Annexation #5)
01247.0006/548186.1
No. 5 of the Landscaping and Lighting Assessment District No. 89-1 (“Annexation No.
5”).
SECTION 5: The assessments for Annexation No. 5, as provided further in the
Engineer’s Report, are in compliance with all laws pertaining to the levy of assessments
in accordance with Section 53750 et seq. of the Californ ia Government Code and in
accordance with Section 22500 et seq. of the California Streets & Highways Code and
are hereby approved and levied for fiscal year 2019 -20.
SECTION 6: The assessments are levied without regard to the property value.
The Annexation No. 5 assessments are detailed in the Engineer’s Report, which
includes the requirement that any increase not exceed the greater of the change in
Consumer Price Index (CPI) or three percent (2%).
SECTION 7: The improvements provided by Annexation No. 5 i nclude the
maintenance of landscaped parkways on the north side of Van Buren Street, graffiti
removal on the block wall along the east side of the Gage Canal, streetlights, street
trees along Tesoro Court and Van Buren Street, and the maintenance of a dual -purpose
basin for the retention of water and for a small playground, and may include such
improvements, expenses and maintenance as defined in Sections 22525, 22526, 22531
and 22534 of the California Streets & Highways Code. These improvements are more
particularly described in the Engineer’s Report.
SECTION 8: The assessments shall be collected at the same time and in the
same manner as taxes for the County of San Bernardino are collected.
SECTION 9: That pursuant to Section 22640 and 22641 of the California Streets
& Highways Code, the City Clerk shall file a certified copy of the diagram and
assessment with the San Bernardino Auditor-Controller/Treasurer/Tax Collector not
later than July 1, 2019 for Fiscal Year 2019/2020.
SECTION 10: The City Clerk shall certify to the passage and adoption of this
Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the 14th day of May 2019.
__________________________
Darcy McNaboe, Mayor
ATTEST:
Debra L. Thomas, City Clerk
APPROVED AS TO FORM:
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Packet Pg. 85 Attachment: Confirmation Resolution [Revision 3] (Landscape & Lighting Assessment District 89-1 Annexation #5)
01247.0006/548186.1
Adrian R. Guerra City Attorney
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Packet Pg. 86 Attachment: Confirmation Resolution [Revision 3] (Landscape & Lighting Assessment District 89-1 Annexation #5)
AGENDA REPORT
MEETING DATE: May 14, 2019 Council Item
TITLE: Animal Control Community Workshop Results on Proposed
Ordinances Amending Regulations Relating to Animal
Control
PRESENTED BY: Sandra Molina, Planning & Development Services Director
RECOMMENDATION: 1. Receive and Accept the Summary Report; and
2. Provide Staff Direction on Items 1, 2, and 11
2030 VISION STATEMENT:
This item promotes 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:
On April 9, 2019, Staff presented to the City Council introduction of a proposed
Ordinance amending Title 6 (Animals) of the Municipal Code by repealing and replacing
with new Chapter 6.04 (Animal Control) and a new Chapter 6.08 (Animal Licensing and
Vaccinations).
Due to the extent of the public comments received, including those primarily related to
the maximum number of dogs allowed per household, license renewal dates, and
license fees, the City Council directed Staff to hold a community workshop with
interested parties.
DISCUSSION:
On April 30, 2019, a community workshop was held to discuss the proposed
regulations. A flyer for the meeting was posted on the City’s website and social media
site identifying workshop topics as: license fees, number of pets, annual renewal dates,
vaccination clinics, and fines and penalties. However, the discussion was open to any
topic a resident wished to discuss. Thirty-eight persons representing 35 households
signed in for the meeting. Staff also provided an informational sheet providing a
comparison of the license fees, number of pets per household and fines and penalties
contained in the existing code and as proposed. The flyer and informa tional sheet are
attached.
The community workshop was well attended, and everyone present was given more
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than one opportunity to express concerns, comments and/or ask questions. Staff kept a
log at the front of the room where points made were written. Prior to concluding the
workshop, Staff went over each point on the log to ensure that all comments were
captured. A photograph of the log from the workshop is attached.
The comments can be summarized as shown below, and staff has provided responses:
1. Increase the number of dogs allowed per residence, including consideration for
new residents who already have more than two dogs and consideration for
residents caring for the pets of deployed family members. A similar comment is
to increase the number of pets to 4-5 dogs per residence, or base the number
of permitted dogs to parcel size
Response: Attachment 4 shows the number of dogs and cats allowed in nearby
jurisdictions. San Bernardino County does consider parcel size in the number of dogs
allowed in single family zones. A lot size less than 7,200 square feet is allowed up to
two dogs, while a larger lot (20,000 square feet) allows up to 5 dogs. More than 5 dogs
would be considered a kennel, and subject to special regulations.
It was suggested during the workshop that the City could also consider higher licensing
fees for additional dogs. Current fees are $15/year for spayed/neutered dogs, $9/year
for seniors licensing spayed/neutered dogs, and $60/year for unaltered dogs.
Staff request that the Council provide Staff direction on whether the number of dogs
should be increased, whether the number should be tied to lot size and whether fees
should be increased for additional dogs.
2. Increase the number of dogs in consideration for private rescues or fostering of
dogs
Response: A comment was made that the City’s codes should allow more dogs for
private rescues or fostering. Staff seeks direction from the City Council on this request.
3. Have the dog licensing period coincide with rabies expiration date.
Response: This change could be accommodated, and Staff would devise a tracking
mechanism to send out renewal notices at the appropriate time.
4. Allow fee exemptions for service animals.
Response: The Code only allows fee exemptions for guide dogs for the bl ind. Staff
would not recommend a fee exemption for all service dogs.
5. Concern was expressed with the manner by which the City advertised its
canvassing efforts and the method of canvassing.
Response: The City posted a flyer on social media that dog canv assing would be
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commencing and advising residents of the requirement to obtain a dog license and on
the maximum number of permissible dogs. It’s the City’s practice to advise residents
prior to embarking on a city-wide program. An example would be the City ’s Spring
Cleaning program to address inoperable vehicles. The City places flyers on its social
media pages to advise residents of the program to allow them to address any issues
prior to the campaign.
Animal control field staff are canvassing residential neighborhoods and providing
courtesy notices on doors when they see or hear a dog. The courtesy notice advises
that a dog license must be obtained within seven days, and 196 of these notices have
been issued. If a license is not obtained, a citation is issued which is dismissed if a
license is obtained within seven days. Of the 196 courtesy notices issued, 46 have
progressed to the citation stage.
Since March 31, 2019, when the City first notified the community of the dog license
canvassing program, 216 new dog licenses have been issued. One hundred and four
were as a result of the notification, and 112 were issued after the canvassing program
began. This is an increase of 25% over the number of recorded licensed dogs, prior to
March 31st.
6. Limits and regulations on other animals i.e. cats, birds, reptiles, amphibians,
rodents.
Response: The code allows a maximum of two cats. It is silent on other small animals
such as birds, reptiles, etc. These types of animals have not been problematic, and
Staff does not recommend specific regulations at this point.
7. Question on what constitutes an exotic animal.
Response: The ordinance includes a definition for exotic animals. Staff will review this
section and revise as needed.
8. Update the ordinance i.e. language seems dated.
Response: Staff has informed the commenters that we can consider different language
based on resident input.
9. Place animal control and an after-hours phone numbers in more visible
locations.
Response: These numbers are on the City’s website; however, Staff can look to see
how to make the numbers either more visible or easier to find.
10. Educate the residents about pet behavior/pet safety.
Response: Information could be placed on the City’s website to provide residents
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resources on acceptable pet behavior and safety.
11. City regulations on breeding as a business.
Response: The City’s codes do not allow for breeding of dogs. Staff requests direction
in this area as to whether Staff should identify regulations for small breeders..
12. Provide more frequent vaccination clinics and noticing of clinics.
Response: The City provides for one vaccination clinic each year during the annual
licensing renewal period and provides noticing via social media, on the City’s website
and Channel 3. The number of participants has dwindled significantly in the last three
years. Other options could be to provide residents information on available vaccination
and spay/neuter programs available within the County.
13. Question on animal control officers training, recognition of vicious dogs
Response: Animal control officers have experience in field services and shelter
services that allow them to recognize animal behavior and posturing to address the
issue at hand. The proposed ordinance has provisions to allow the City to address
potentially dangerous dogs and vicious dogs. The intent is to provide the City the tools
to address these situations. The intent of the ordinance is not to target any particular
dog breed.
14. Fines for violations, i.e. animal waste, and clarification on animal waste.
Response: The wording states that owners cannot allow their animals to defecate on
private or public property, and when this occurs owners must pick up the waste. The
intent of this section of the Code is to ensure that owne rs pick up animal waste.
Violations of any provisions of the chapter is subject to a $100 citation for the first
offense.
15. Guidelines and protocol for barking dog complaints.
Response: The protocol for barking dog complaints is two -fold. The person with the
barking dog is received a notice of correction advising that a complaint was received
alleging barking dogs, the owner is given 14 days to resolve the issue, an informational
sheet of methods to help alleviate the issue is provided, and the dog owner is given a
14-day correction period.
The complainant receives a letter from the City advising that the complaint was
received, the dog owner was contacted and given 14 days to resolve the issue. The
complainant is given a complaint form and advised to keep a log (video or audio) of the
dates and times that the dog is barking. It is also suggested that the complainant obtain
written complaints from adjacent residents. If the barking continues the complainant
turns in the barking dog complaint form, along with the video/audio log, which is
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reviewed by the investigating officer.
Barking is not deemed a violation if the dog is barking because a person is trespassing,
walking by or provoking the dog. If the investigation determines there is a violation, the
dog owner is given 72 hours to resolve the issue. If the issue is not resolved, the
investigating officer will issue a citation. During this time, animal control staff will also
conduct site inspections and meet with the dog owner to find solutions.
16. There was also an overall concern expressed with notification efforts and that
the City should consider various methods, such as utilizing the community sign
on Mount Vernon/GT Road and direct mailing.
Response: The City’s outreach protocol efforts include plac ing the information on the
City’s webpage, social media outlets and emailing to email subscribers. Other efforts
can include Channel 3 and the City’s radio station. The City uses the community sign for
special event activities. Direct mailing for topics of community wide interests would be a
significant endeavor.
FISCAL IMPACT:
No fiscal impact other than staff time.
ATTACHMENTS:
• Community Workshop Flyer (PDF)
• Informational Sheet (DOCX)
• List of Comments from Workshop (PDF)
• Number of Dogs and Cats Allowed by Surrounding Jurisdictions(DOCX)
APPROVALS:
Sandra Molina Completed 05/08/2019 5:14 PM
City Attorney Completed 05/08/2019 6:19 PM
Finance Completed 05/08/2019 6:37 PM
City Manager Completed 05/08/2019 6:56 PM
City Council Pending 05/14/2019 6:00 PM
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F.8.a
Packet Pg. 92 Attachment: Community Workshop Flyer (Animal Control Community Workshop - Report)
Informational Sheet
Animal Control
Comparison of Existing Code and Proposed Code
License Fees:
License Fee Existing Proposed
Dog, not spayed or neutered $60/year No change
Dog, spayed or neutered $15/\year
$28/2 years
$40/3 years
No change
Dog, spayed or neutered belonging to senior
or disabled resident
$9/year
$18 years
$27/3 years
Cat, not spayed or neutered $9 No change
Dog, spayed or neutered $5/year
$10/2 years
$15/3 years
No change
Late fees $15 No change
Rabies vaccination is required to license dog. This requirement is waived with written
certification from a licensed veterinarian that such vaccination would jeopardize the health of
the dog.
Vaccination Clinic:
The City holds a vaccination clinic in January of each year to coincide with annual licensing.
Number of Pets per Household:
Number of Pets: Number of Pets per
Household
Existing Proposed
Dogs Maximum of 2 No change
Cats Maximum of 2 No change
Fines and Penalties:
Fines and Penalties Existing Proposed
Unlicensed dog $100 fine, dismissed if
dog is licensed within 7
days
No change
Violation of any animal control provision Misdemeanor Administrative
violation
$100/violation
$200/ same violation
within 12 months
$500/each same
violation within 12
months
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Packet Pg. 93 Attachment: Informational Sheet (Animal Control Community Workshop - Report)
Informational Sheet
Animal Control
Comparison of Existing Code and Proposed Code
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Packet Pg. 94 Attachment: Informational Sheet (Animal Control Community Workshop - Report)
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Packet Pg. 95 Attachment: List of Comments from Workshop (Animal Control Community Workshop - Report)
Jurisdiction Number of Cats and Dogs Allowed
Grand Terrace 2 dogs and 2 cats, maximum of 4, but no more
than 2 dogs and 2 cats
Colton 10 dogs
Loma Linda 4 dogs and 4 cats, maximum of 8, but no more
than 4 dogs and 4 cats
City of Riverside Maximum 4 dogs, and maximum 9 cats
City of Redlands Maximum 3 dogs and maximum 3 cats, 6 total
County of Riverside Maximum 4 dogs, and maximum 9 cats
County of San
Bernardino
(combination of
dogs and/or cats)
Based on size of single-family parcel
Less than 7,200 sqft.
7,200 to 9,999 sqft.
10,000 to 19,999 sqft.
20,000 sqft. or more
2, maximum
3, maximum
4, maximum
5 maximum*
*Five or more dogs and/or cats constitute a private kennel or cattery, which is subject to Private
Kennels and/or Catteries Regulations of SB County Code.
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Packet Pg. 96 Attachment: Number of Dogs and Cats Allowed by Surrounding Jurisdictions (Animal Control Community Workshop - Report)
AGENDA REPORT
MEETING DATE: May 14, 2019 Council Item
TITLE: Priorities Work Program
PRESENTED BY: Cynthia Fortune, Assistant City Manager
RECOMMENDATION: Provide staff with direction to set Priority Work Program
Workshop(s) as City Council desires.
2030 VISION STATEMENT:
This staff report supports the City Council’s Mission: to preserve and protect our
community and its exceptional quality of life through thoughtful planning, within the
constraints of fiscally responsible government.
BACKGROUND:
City Council requested staff to hold a Priorities Work Program Workshop that will
provide policy direction from City Council to the organization.
The Priorities Work program directs staff to focus their efforts on the issues that are
most important as determined by the City Council. In this process, projects, anticipated
work hours, costs and projected time of completion are discussed. After these
discussions are completed, the City Council, with guidance from staff, sets the priorities
for these various goals.
City Council will work with staff to acquire an understanding of whether all of their
priorities are going to be met in a timely fashion and if the budget will allow these goals
to be completed. Occasionally, there are goals that will have to be acc omplished in
future years due to budget constraints and/or work hours available.
The purpose of the Priorities Work Program is for City Council to:
1. discuss the proposed list of work programs and projects submitted by staff;
2. prioritize and/or rank the proposed work programs and projects;
3. approve the proposed list of work programs and projects; and
4. ensure that there is sufficient funding in the 2019-20 Approved Budget to
implement the approved list or work programs and projects.
DISCUSSION:
City staff is requesting direction from staff to set a date and time for the 1st Priorities
Work Program Workshop. Should additional workshops be desired, City Council may
schedule additional workshop(s) as deemed necessary.
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At the 1st workshop, staff will be presenting proposed programs and projects with a
completion timeline. In this process, projects, anticipated work hours, costs and
projected time of completion will be discussed. Staff will be available to discuss, provide
detailed information, and answer any inquiries from City Council regarding these
programs and projects.
Projects will not include current operational core services or day-to-day operating
functions. These will be proposed projects that staff and or City Council has expressed
a desire that the City pursue for the benefit of the community.
After discussion, or should City Council desire to set another workshop , City Council will
be asked to rank each proposed program and/or project with the following ranking:
Category # of
Points
Issued
Description
Urgent 10 It is critically important that this project be completed
within the designated timeframe (So important that it
would be alright if it were the only item accomplished –
although there may be several items that qualify).
High
Priority
7 Very important that this item be completed within the
designated timeframe.
Priority 5 This item may be accomplished if all “Urgent” and “High
Priority” projects have been completed.
Low
Priority
2 This item may be accomplished if all “Urgent,” “High
Priority,” and “Priority” projects have been completed, and
time permits.
Delete 0 This item should be removed from the Priorities Work
Program.
After each Council Member has completed their ranking, staff will consolidate the
priority results which will be presented to City Council for their review and approval. As
mentioned earlier, each proposed program or project will include anticipated work
hours, cost of the program or project, funding source and projected time of completion.
FISCAL IMPACT:
There is no fiscal impact associated with the scheduling of the Priorities Work Program
Workshop.
APPROVALS:
Cynthia A. Fortune Completed 05/08/2019 7:14 PM
Finance Completed 05/08/2019 7:14 PM
City Attorney Completed 05/08/2019 7:57 PM
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City Manager Completed 05/08/2019 8:18 PM
City Council Pending 05/14/2019 6:00 PM
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AGENDA REPORT
MEETING DATE: May 14, 2019 Council Item
TITLE: Public Convenience and Necessity Finding for Proposed
Grocery Outlet to be Located at 22441 Barton Road for Type
20 Off-Sale Beer and Wine License
PRESENTED BY: Sandra Molina, Planning & Development Services Director
RECOMMENDATION: 1. Make a positive finding of Public Convenience or
Necessity for a Type 20 Off-Sale Beer and Wine License For
the Proposed Grocery Outlet Market Located at 22411
Barton Road; and
2. Direct Staff to Issue the Proposed Public
Convenience or Necessity Letter to the California
Department of Alcohol Beverage Control in Support of
Grocery Outlet's Type 20 Off-Sale Beer and Wine License.
]2030 VISION STATEMENT:
This item supports Goal #3, "Promote Economic Development" by supporting a local
business.
BACKGROUND:
On February 25, 2019, the City of Grand Terrace Planning and Development Services
Department approved Land Use 19-10 to establish a Grocery Outlet market at 22411
Barton Road. The market offers grocery products, frozen foods, deli items, vitamins,
health and beauty items, housewares, gift items, and beer and wine for off -premises
consumption. Attachment 1 is a Letter from Grocery Outlet further describing the
business. Grocery Outlet is also improving the store front facade, ADA accessibility,
and re-striping the parking area, which will revitalize the site and provide the community
with additional shopping options.
The site is zoned Barton Road Specific Plan - Village Commercial. This zoning does
not require a Conditional Use Permit for retail alcohol sales, including ancillary sales;
however, Condition of Approval No. 7 of the Land Use approval, requires the applicant
to obtain the appropriate license from the State of California of Alcoholic Beverage
Control (“ABC”) prior to selling alcohol.
The sale of beer and wine for off site consumption is subject to the issuance of a Type
20 Beer and Wine license from the ABC. Type 20 licenses only allow the off -sale of
packaged beer and wine; as opposed to Type 21 lic enses which includes hard liquor
and spirits.
The applicant has applied to the ABC for a Type 20 license and was informed by the
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ABC that in order to issue the license the applicant must obtain a finding of Public
Convenience or Necessity (PCN) from the City.
DISCUSSION:
A determination of public convenience or necessity is required when the ABC
determines that there is an “over concentration” of off -sale licenses (Type 20 and 21)
within a census tract. The City is divided into four census tracts. The proposed Grocery
Outlet is located in census tract 71.06, which is located in the southwest corner of the
City, as shown in Attachment 2.
To determine the number of off -sale licenses that should be issued in a census tract,
the ABC Department uses a simple ratio of one license per 1,425 persons in the census
tract. Attachment 3, shows that census tract 71.06, has a population of 3,943 persons.
Based on the ratio, there should be only two off-sale licenses. ABC records shows that
there are currently seven licenses, which means that there is an over-concentration of
licenses in the census tract. One license is for Gourmet Beer and Wine which is no
longer in business, but still holds a license, and is counted towards the seven licenses.
That there is an over-concentration does not mean that negative or adverse impacts
have occurred within the census tract; just that based on the ratio used, there are more
licenses existing than mathematically permitted. Census tract 71.06 is located along
Barton Road which is considered the City's main corridor where most of the commercial
activity is located and therefore, there is a higher concentration of ABC licenses.
Type 20 and Type 21 Licenses within Census Tract 71.06
Population 3,943
Number of Permitted licenses 2 (1/1,425 persons)
Number of Existing licenses 7 (Over-concentration
exist)
Grand Terrace Market (Type 20)
Grand Terrace Liquor (Type 21)
Stater Bros Markets (Type 21)
G & M Oil 105 (Type 20)
Kero Mina Marketplace Inc. (Type 20)
Qwik Stop (Type 21)
Gourmet Beer and Wine and Food (Type 20)
7
Source: California Department of Alcoholic Beverages Control
Grocery Outlet will provide grocery products, frozen foods, deli items, vitamins, health
and beautify items, housewares, and gift items. Similar to other grocery and
convenience stores, Grocery Outlet proposes to provide off -sale beer and wine to its
customers. The off-sale of beer and wine will serve the public convenience by providing
a complete grocery shopping experience; thereby, eliminating the need for multiple
vehicle trips and reducing traffic along City corridors.
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FISCAL IMPACT:
No negative impact to the General Fund will occur; and all costs associated with this
application are paid by the applicant. In addition, the business would generate sales
tax.
ATTACHMENTS:
• ABC Letter of Intent (PDF)
• Census Tract: 71.06 (DOCX)
• Census Tract Authorizations.xlsx (PDF)
• ABC Forms (PDF)
• Letter to ABC_4.30.2019 (DOC)
APPROVALS:
Sandra Molina Completed 04/30/2019 8:36 PM
City Attorney Completed 05/07/2019 3:46 PM
Finance Completed 05/08/2019 10:13 AM
Community Development Completed 05/08/2019 11:27 AM
City Manager Completed 05/08/2019 11:33 AM
City Council Pending 05/14/2019 6:00 PM
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CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
Census Tract: 17.06
file://cogt-fs2/vol3/USERS/COMDEV/Project%20Files/Landuse/2019/LU%2019-
10_22441%20Barton%20Road_Grocery%20Outlet/ABC%20License%20for%20Grocery%20Outlet/Tract%
2071.06,%20Active%20Off-sale%20licenses.html
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Packet Pg. 104 Attachment: Census Tract: 71.06 (Public Convenience and Necessity Finding_Grocery Outlet)
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
NUMBER OF LICENSES AUTHORIZED
BY CENSUS TRACT
County Name
County
Population
County Ratio
On Sale
County Ratio Off
Sale
Census
Tract #
Census Tract
Population On Sale Off Sale
SAN BERNARDINO 2,174,938 1,254 1,425 45.10 5,178 4 3
SAN BERNARDINO 2,174,938 1,254 1,425 46.01 7,032 5 4
SAN BERNARDINO 2,174,938 1,254 1,425 46.03 5,717 4 4
SAN BERNARDINO 2,174,938 1,254 1,425 46.04 5,177 4 3
SAN BERNARDINO 2,174,938 1,254 1,425 47.00 5,791 4 4
SAN BERNARDINO 2,174,938 1,254 1,425 48.00 3,282 2 2
SAN BERNARDINO 2,174,938 1,254 1,425 49.00 7,590 6 5
SAN BERNARDINO 2,174,938 1,254 1,425 51.00 7,749 6 5
SAN BERNARDINO 2,174,938 1,254 1,425 52.00 4,141 3 2
SAN BERNARDINO 2,174,938 1,254 1,425 53.00 5,516 4 3
SAN BERNARDINO 2,174,938 1,254 1,425 54.00 6,590 5 4
SAN BERNARDINO 2,174,938 1,254 1,425 55.00 8,618 6 6
SAN BERNARDINO 2,174,938 1,254 1,425 56.00 7,101 5 4
SAN BERNARDINO 2,174,938 1,254 1,425 57.01 2,216 1 1
SAN BERNARDINO 2,174,938 1,254 1,425 58.00 3,981 3 2
SAN BERNARDINO 2,174,938 1,254 1,425 61.00 8,346 6 5
SAN BERNARDINO 2,174,938 1,254 1,425 62.01 3,583 2 2
SAN BERNARDINO 2,174,938 1,254 1,425 62.03 4,771 3 3
SAN BERNARDINO 2,174,938 1,254 1,425 62.04 4,495 3 3
SAN BERNARDINO 2,174,938 1,254 1,425 63.01 5,324 4 3
SAN BERNARDINO 2,174,938 1,254 1,425 63.02 8,815 7 6
SAN BERNARDINO 2,174,938 1,254 1,425 64.01 3,343 2 2
SAN BERNARDINO 2,174,938 1,254 1,425 64.02 4,951 3 3
SAN BERNARDINO 2,174,938 1,254 1,425 65.00 8,386 6 5
SAN BERNARDINO 2,174,938 1,254 1,425 66.01 4,564 3 3
SAN BERNARDINO 2,174,938 1,254 1,425 66.03 4,958 3 3
SAN BERNARDINO 2,174,938 1,254 1,425 66.04 4,278 3 3
SAN BERNARDINO 2,174,938 1,254 1,425 67.00 4,486 3 3
SAN BERNARDINO 2,174,938 1,254 1,425 70.00 7,898 6 5
SAN BERNARDINO 2,174,938 1,254 1,425 71.04 4,093 3 2
SAN BERNARDINO 2,174,938 1,254 1,425 71.05 2,715 2 1
SAN BERNARDINO 2,174,938 1,254 1,425 71.06 3,943 3 2
SAN BERNARDINO 2,174,938 1,254 1,425 71.07 3,302 2 2
SAN BERNARDINO 2,174,938 1,254 1,425 71.08 2,202 1 1
SAN BERNARDINO 2,174,938 1,254 1,425 71.09 6,064 4 4
SAN BERNARDINO 2,174,938 1,254 1,425 71.10 4,831 3 3
SAN BERNARDINO 2,174,938 1,254 1,425 72.00 6,798 5 4
SAN BERNARDINO 2,174,938 1,254 1,425 73.02 10,039 8 7
SAN BERNARDINO 2,174,938 1,254 1,425 73.03 4,828 3 3
SAN BERNARDINO 2,174,938 1,254 1,425 73.05 4,060 3 2
SAN BERNARDINO 2,174,938 1,254 1,425 73.06 5,859 4 4
SAN BERNARDINO 2,174,938 1,254 1,425 74.03 6,947 5 4
SAN BERNARDINO 2,174,938 1,254 1,425 74.04 4,406 3 3
SAN BERNARDINO 2,174,938 1,254 1,425 74.07 2,940 2 2
SAN BERNARDINO 2,174,938 1,254 1,425 74.08 4,181 3 2
SAN BERNARDINO 2,174,938 1,254 1,425 74.09 5,760 4 4
Updated: Aug 2018 Page 120
https://www.abc.ca.gov/permits/Census%20Tract%20Authorizations.pdf
G.10.c
Packet Pg. 105 Attachment: Census Tract Authorizations.xlsx (Public Convenience and Necessity Finding_Grocery Outlet)
Department of Alcoholic Beverage Conltol
iNFORMATION AND INSTRUCTIONS-
SECTION 23958.4 B&P
Slate of Callfom.a
Edmund G. Brown Jr .• Govemor
Instructions This fonn is to be used for all ap~lications for original issuance or premises to i:>remises transfer of licenses.
Part I is to be completed by an ABC employee, given to applicant with pre-application package, with copy retained in
holdins tile or applicant's district file.
Part 2 ts to be completed by the applicant, and returned to ABC.
Part 3 is to be completed by the local governing body or its designated subordinate officer or body, and returned to ABC.
PART 1 ·TO BE COMPLETED BY ABC
1. APPl.tCANrS NAME
GROCERY OUTLET INC
2. PREMISES ADDRESS (Slreet number and name. City , tip code }
22441 BARTON RD GRAND TERRACE, CA. 92313
4. TYPE OF BUSINESS
Full Service Restaurant
Dell or Specialty Restaurant
Cafe/Coffee Shop
Bed & Breakfast:
Wine only All
Holbrau/Cafeteria
Comedy Club
Brew Pub
Theater
Cocktail Lounge
Night Club
Tavern: Beer
Tavern: Beer & Wine
Service Station
3 LICENSE TYPE
20
Private Club
Veterans Club
Fraternal Club
Wine Tasting Room
X Supermarket
Liquor Store
DrugNariety Store
Other -describe:
Membership Store
Department Store
Florist/Gift Shop
Conven ience Market
Convenience Market w/Gasoline
Swap Meet/Flea Market
Drive-in Dairy
5. COUNTY POPULATION
8 CENSUS TRACT NUMBER
6 TOTAL NUMBER OF LICENSES IN COUNTY
On-Sale
9. NO OF L CENSES ALLOWED IN CENSUS TRACT
Off-Sale
7 RATIO OF LICENSES TO POPIJlAT ON IN COUNTY
On-Sale
10 . NO . OF LICENSES EXISTING IN CENSUS TRACT
Off-Sale
71.06 2 On-Sale X Off-Sale 7 On-Sale X Off-Sale
TT IS THE ABOVE CENSUS TRACT OVERCONCENTRATEO WITH LICENSES? (I.e .• does the ratio ot l censes to pOl)ulation •n tne census tract exceed the ratio of l;censes to population for the entire county?)
X Yes. the number of existing licenses exceeds the number allowed
No, the number of existing licenses is lower than the number allowed
12 DOES LAW ENFORCEMENT AGENCY MAINTAIN CRIME STATISTICS?
Yes (Go to Item #13) No (Go to Item #20)
Tl CRIME REPORTING DISTRICT NUMBER t4 TOTAL NUMBER OF REPORTING DISTRICTS t 5. TOTAL NUMBER OF OFFENSES IN ALL REPORT ING DISTRICTS
16. AVERAGE NO OF OFFENSES PER DISTRICT T 7 120~ OF AVERAGE NUMBER OF OFFENSES 18 TOTAL NUMBER OF OFFENSES lN REPORTING DISTRICT
19. IS THE PREMISES LOCA TEO IN A HIGH CRIME REPORT NG DISTRICT? 11.e .• has a 20% greater number of reported cnmes than the average number of reponed crimes as determined ftom all crime
repo<ling districts within Ille juri$diction of the loca law enlon:ement agency)
Yes, the total number of offenses In the reporting district equals or exceeds the total number In Item #17
No, the total number of offenses in the reporting district is lower than the total number In item #17
20 CHECK THE BOX THAT APPLIES (check on y one box)
a. If "t:JQ" is checked in both item #11 and Item #19, Section 23958.4 B&P does not apply to this application, and no additional information will be needed
on this Issue. Advise the appNcant to bring this completed form to ABC when filing the application.
b. If·~· is checked In either Item #11 Q! item #19, !!1!J the applicant is applying for a non-retail license, a retail bona fide public eating place license. a
retail license issued for a hotel , motel or other lodging estabHshment as defined In Section 25503 .16(b) B&P. or a retail license Issued in conjuction with a
beer manufacturer's ficense , or winegrower's license. advise the applicant to complete Section 2 and bring the completed form to ABC when filing the
application or as soon as possible thereafter.
X c. If "Yes" is checked In either Item #11 Q! item #19, !!l![ the applicant is applying for an off-sale beer and wine license, an off-sale general license , an on·
sale beer license, an on-sale beer and wine (public premises) license, or an on-sale general (public premises) license, advise the applicant to take this form
to the local qovemino bodv. or its designated subordinate officer or bodv to have tbem complete Section 3. The completed form will need to be provided to
ABC in order to process the application.
Governing Body/Designated Subordinate Name : COMMUNITY DEVELOPMENT DEPARTMENT
FOR DEPARTMENT USE ONLY
PREPARED BY (Name of Oepanment Employee)
BJ
ABC-245 (rev. 01-11)
G.10.d
Packet Pg. 106 Attachment: ABC Forms (Public Convenience and Necessity Finding_Grocery Outlet)
PART 2 -TO BE COMPLETED BY THE APPLICANT (If box #20b Is checked)
21 . Base'd on the information on the reverse, the Department may approve your application if you can show that public convenience or
necessity would be served by the Issuance of the license. Please describe below the reasons why issuance of another license is justified in
this area. You may attach a separate sheet or additional documenti on, if desired. Do not proceed to Part 3 .
22 APPLICANT SIGNATURE 23 DATE SIGNEO
PART 3 -TO BE COMPLETED BY LOCAL OFFICIALS (If box #20c Is checked)
The applicant named on the reverse is applv.ing for a license to sell alcoholic beverages at a premises where undue concentration exists (i.e.,
an over-concentration of licenses and/or a tiigtier than average crime rate as defined in Section 23958.4 of the Business and Professions
Code). Sections 23958 and 23958.4 of the Business and Professions Code requires the Department to deny the application unless the local
governing body of the area in which the applicant premises are located, or its designated subordinate officer or body , determines within 90
oays of notification of a completed application that public convenience or necessity would be served by the issuance.
Please complete items #24 to #30 below and certify or affix an official seal, or attach a copy of the Council or Board resolution or a signed
letter on official letterhead staling whether or not the issuance of the applied for license would serve as a public convenience or necessity.
24 WILL PUBLIC CONVENIENCE OR NECESSITY BE SERVED BY ISSUANCE OF THIS ALCOHOLIC BEVERAGE LICENSE?
Yes No See Attached (i.e .. letter. resolution, etc.)
25 AOOITIONAL COMMENTS, IF DESIRED (may include reasons for aPP<011al or den al ol public convenience or necess ly)
26 CITY/COUNTY OFFICIAL NAME 27 CITY/COU NTY OFFICIAL TITLE 28 CITY/COUNTY OFFICIAL PHONE NUMBER
29-CITY/COUNTY OFFICIAL SIGNATURE 30 DATE SIGNED
ABC-245 REVERSE (rev . 01-11)
G.10.d
Packet Pg. 107 Attachment: ABC Forms (Public Convenience and Necessity Finding_Grocery Outlet)
Department of Alcoholic Beverage control
APPLICATION QUESTIONNAIRE
Stale of C.ilf0t!Q
Edmund G-Brown Jr., Govemoi
Please reatl i11str11ctio11s, wlriclr incll1des Pril•ac:y Notice, before completing form.
1 .APPLICANT'S NAME(S) en an ondl\Gim, Int n.ne. -· -· ~I name Nltnl DI entity"' COfllCl'•!IO~. tmled patln0!$lflp O<l.m•led 1 .. ~1y ccmp111r '
- -----------P 12UCENSEE
Grocery Outlet Inc •ves No
tit 19s_ ~ .bmABC·llft
2 LICENSE TYPE[S)~)
• 20 Off-Sale Beer & Wine
21 Off-Sale General
3 f RANSllCTION TYPE (0...d< oppropnate otoml
x Original (New)
Person-to -Person Transfer (check appro riate section):
40 On·Sale Beer _ ------..!-Section 24071 (Surviving s ouse, corporallons, fiduciaries. etc.)
41 On.Sale Beer & Wine Eallnp Place i-Section 24071 .1 (Corporate Stock/limited Partnership)
42 On-Sale Beer & \Mne Public Premises
47 On·Sale General Ealing Place
48 On·Sale General Public Premises
Other
---~: Section 24071-2 (Limited Uabillly Company)
Premi&es ·to·Premises Transfer
Exchange
Olher
4 TEMPORARY PERMIT REQUESTED (PWSO<l·lo-Fwaon ll-lel• anlyl Q~:ses ~~w.e tocenaelO llellauml) (Slteel ,,.,,_and ......... aty .lip mcl•l
22441 Barton Rd, Grand Terrace, CA 92313
6. PREMISES TELEPHONE NUMBER 7 PREMISES ARE INS~~TY LIMITS
< not ) assigned yet ({]ves L_JNo
9. SUSINESSMAlllNGADOAESS(SllHl--/\lm8.aty,111118,ll!ICO<le)
5650 Hollis St, Emeryville CA 94608
11 ABCLICENSECOST(llem#33aon,_)
$0
8 BUSINESS NAME (1>8'1) YOU WIU. USE
Grocery Outlet
12 SU8TOT AL (llern r.l3f Oii ntverM)
$ 650,000.00
Counly
San Bernardino
1D MAILING AOORESS I• Permanent Temporary
13 HAS THE APPUCANT(SI EVER BEEN 14 HAS THE APPl.ICANT(SI EVER VIOl.ATED AN'( OF THE PROVISIONS OF TiiE AC.COHOUC BEVERAGE CONTROL ACT OR REGULATIONS
CONlllCTED OF A FELONY? Of Tt-E OEPARTM~RTAiNING TO THE ACT?
[Jves [ZJNo [{Jves LJNO
15 IF YES TO ITEM 13 OR 14, PLEASE EXPLAIN
P-12 Applicant; Violations on record with base file #318940
15 TRANSFEROR'S NAME (11 tn onai .. auat 1311, 1"11. mdall Name ol entity,, oorpotabon. llmlltd ~p or luntocll11bll11r company )
N/A
18 TRANSFEROR'S PREMISES ADDRESS 1w.ore •cen111,. ,_ lllUOCll 1srroec ,._ -name, air. ZIP CCd•I
NIA
~REM I SES UNDER CONSTRUCTION IF YES , LIST ESTllAA TEO COMPLETION DA TE
Lt.JYes ONo interior remodel July 2019
21 NAMEOFPl!RSON\\E MAY CONTACT (F orl!Mllpplcant) 22 TITLE OF CONTACT PERSON
Katy Schardt, Compass Commercial Group, Inc. Licensing Consultant
23 CONTACT f ,ELEPHONE NlJ MBER 24 CONTACTE ·MAILAOORESS
( 916 ) 660-9623 katy@katyschardt.com
25-PREMISES IS CURRENTlY LICENSED IF YES. TYPE OF UC EN SE
Qves R}Jo N/A
46 CURRENTLICENSE IS OPERATING
Qves QNo
FINANCIAL INFORMATION
27 ESCROWCOMPANY'S NAM£ ESCROW COMPANY'S ADORESS
N/A N/A
2a OOOt<KEEPERIACCOUNTANrs NAl.ie BOOt<KEEPERIACCOUNTANT'S i'IOOREss
Jn-House
29 t.ANOlORIYS NAME LANDLORIYS AOORESS
17 A8C LICENSE NUMBER
---------N/A ---------
20 FRANCHSE
Yes
IF NO, DATE CLOSED
TELEPHONE NUMBER
TEU:PHONE NUMBER
TELEPHON E NUMBER
Viking lnvos1ment Properties, LP Attn: Anita Jensen, 22441 Barton Rd, Grand Terrace, CA ( 949 ) 697-224 7
30 MONTHLYRENT 31 LEASE EXPIRATION CV.TE J2 INOICA TE \'\+ETHER LEASE OR RENt AL AGREEMENT fNClUOES FURNITURE OR FIXTURES
$13,876.00 12/31/2029 All Some x None
ABC-217 (rev. 11111)
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Packet Pg. 110 Attachment: ABC Forms (Public Convenience and Necessity Finding_Grocery Outlet)
C:\users\dthomas\appdata\roaming\iqm2\minutetraq\grandterracecityca@grandterracecityca.iqm2.com\work\attachments\5415.doc
22795 Barton Road, Grand Terrace, California, 92313-5295 909/824-6621 Fax 909/783-2600
Planning and Development Services Department
Delivered Via Electronic Mail
May 15, 2019
Sadie Gomez
Licensing Representative II
Department of Alcoholic Beverage Control Board
3737 Main Street, Suite 900
Riverside, CA 92501-3337
Re: Grocery Outlet market located at 22411 Barton Road
Dear Mrs. Gomez:
During their regular meeting of May 14, 2019, t he City Council of the City of Grand
Terrace made a positive finding of Public Convenience and Necessity for the proposed
Grocery Outlet market located at 22411 Barton Road.
The proposed Grocery Outlet is a neighborhood market that provides products and
services to its customers, including frozen foods, deli items, vitamins, health and beauty
items, houseware, and gift items. Similar to other grocery and convenience stores,
Grocery Outlet proposes to provide off-sale beer and wine to its customers. The off-
sale of alcoholic beverages serves public convenience by providing a complete grocery
shopping experience; thereby, eliminating the need for multiple vehicle trips and
reducing traffic along City corridors.
Should you have any questions, please feel free to contact me at (909) 824-6621 ext.
225.
Sincerely,
SANDRA MOLINA
Planning and Development Services Director
Enclosure: ABC File
Cc: Katy Schardt, Compass Commercial Group
G.10.e
Packet Pg. 122 Attachment: Letter to ABC_4.30.2019 [Revision 3] (Public Convenience and Necessity Finding_Grocery Outlet)
AGENDA REPORT
MEETING DATE: May 14, 2019 Council Item
TITLE: Professional Services Agreement Between the City of Grand
Terrace and UltraSystems Environmental, Inc. for
Environmental Services Related to Conditional Use Permit
19-01 (Proposed Trailer Storage Use at APN 0275-191-06
and 30)
PRESENTED BY: Sandra Molina, Planning & Development Services Director
RECOMMENDATION: 1) Approve an Agreement with UltraSystems
Environmental, Inc. in the amount of $40,560.00; and
2) Authorize the City Manager to Execute the Contract,
subject to City Attorney approval as to form.
2030 VISION STATEMENT:
This item supports Goal #1, Ensure Our Fiscal Viability, by ensuring cost recovery for
services as the costs will be borne by the project applicant.
BACKGROUND:
On January 2, 2019, GrandT-1, Inc. submitted a development application for the
proposed establishment of a trailer storage use located at APN 0275 -191-06 and 30 (no
official address). The project is subject to review under the California Environmental
Quality Act and, accordingly, environmental documentation must be prepared.
The applicant has hired an environmental consulting firm to prepare necessary technical
documents and to prepare the environmental documents. However, the City, as the lead
agency, is still responsible for the review of the adequacy of environmental documents
though a peer review. Further, the City, as the lead agency, would also adopt the
environmental documents. The purpose of this item is to request approval of an
agreement with an environmental consultant to perform the peer review with all costs of
the consultant borne solely by the applicant.
DISCUSSION:
A Request for Proposals for peer review of the initial study was sent to six (6)
environmental consulting firms. The Tasks include re viewing the Initial Study, technical
studies, and responses to comments (if any), as well as augmenting Staff through the
process.
The City received six (6) responses. A list of the firms that received the RFP is attached.
G.11
Packet Pg. 123
The six (6) proposals were reviewed and rated. Based on the review UltraSystems
Environmental, Inc. (UltraSystems) received the highest ratings. UltraSystems
demonstrated an understanding of the project and required services, and the
experience and capacity to perform the work in accordan ce with the RFP.
The original cost proposal to perform the peer review services was $46,970.00.
However, UltraSystems was able to refine the cost proposal and the updated cost to
perform the services is $40,560.00
Attached is a copy of the Proposal submitted by UltraSystems. The proposed
agreement is also attached with the Scope of Work and Cost.
FISCAL IMPACT:
There is no fiscal impact to the City. The Project applicant is responsible for consultant
and staff’s administrative costs related to the agreement for environmental services.
ATTACHMENTS:
• Contract Services Agreement Grand Terrace and Ultrasystems(DOCX)
• UEI_Proposal_2019-04-25 (PDF)
• Consultant List - Peer Review CUP 19-01 (PDF)
APPROVALS:
Sandra Molina Completed 04/29/2019 2:44 PM
City Attorney Completed 05/08/2019 11:09 AM
Finance Completed 05/08/2019 3:32 PM
City Manager Completed 05/08/2019 4:02 PM
City Council Pending 05/14/2019 6:00 PM
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Packet Pg. 124
01240.0001/514122.1 10/16/2018
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
ULTRASYSTEMS ENVIRONMENTAL, INC.
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Packet Pg. 125 Attachment: Contract Services Agreement Grand Terrace and Ultrasystems [Revision 2] (Professional Services Agreement - Environmental
01240.0001/514122.1 10/16/2018
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AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
ULTRASYSTEMS ENVIRONMENTAL, INC.
This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY
OF GRAND TERRACE AND ULTRASYSTEMS ENVIRONMENTAL, INC.” (herein
“Agreement”) is made and entered into this 14th day of May, 2019 by and between the City of
Grand Terrace, a California municipal corporation (“City”) and UltraSystems Environmental,
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
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Packet Pg. 126 Attachment: Contract Services Agreement Grand Terrace and Ultrasystems [Revision 2] (Professional Services Agreement - Environmental
01240.0001/514122.1 10/16/2018
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intended. For purposes of this Agreement, the phrase “highest 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
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Packet Pg. 127 Attachment: Contract Services Agreement Grand Terrace and Ultrasystems [Revision 2] (Professional Services Agreement - Environmental
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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.
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 Forty Thousand Five Hundred Sixty Dollars and No Cents
($40,560.00) (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 two (2)
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:
Betsy A. Lindsay, President/CEO
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Margaret Partridge, Senior Project Manager
(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 G. Harold Duffey, 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
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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 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
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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:
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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.
[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
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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;
(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 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.
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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
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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.
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 n ot 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 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
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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
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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.
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 val id
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 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:
_____________________________________
_____________________________________
By:
___________________________________
Name: Betsy A. Lindsay
Title: President/CEO
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 Califor nia 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 cap acity(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 foreg oing 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.
G.11.a
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EXHIBIT “A”
SCOPE OF SERVICES
I. Developer GrandT-1 Inc. (“Developer”) has proposed a trailer storage use at a
location south of the Santa Ana River Trail, and between the UPRR and BNSF
railroad lines (APN 0275-191-06 and 30; no address) in the City of Grand Terrace.
This proposed use requires discretionary land use entitlements and is, therefore,
subject to environmental review under the California Environmental Quality Act
(“CEQA”). Developer has contracted with an environmental consultant to prepare
technical studies and prepare the environmental documents required by CEQA.
The City, as the lead agency, hereby contracts with Consultant whereby Consultant
agrees to perform a peer review of the technical studies and environmental
documents prepared by Developer’s consultant (“Services”). The Services shall
include, but not be limited to, the following:
A. Task 1: Project Initiation, Work Program Refinement and Project
Management
i. Consultant will attend one (1) kick-off meeting with City staff to review
the City’s goals and objectives, discuss strategies for accomplishing the
work, refine (if necessary) the work scope, identify available data, and
review and verify project deliverables.
ii. Consultant will conduct bi-weekly conference calls on project progress.
B. Task 2: Data Collection, Review and Evaluation
i. Consultant will review the existing proposed project documents, and
prepare a Data Needs List. The list will provide information to City Staff
relating to each topical issue (if needed), the party responsible for
providing the information, data requested, requesting party, date provided
by the City or Developer, and comments
C. Task 3: Peer Review of Technical Studies
i. Consultant shall perform a CEQA adequacy peer-review of the technical
studies itemized below to determine if the technical studies provided by
the Developer’s environmental consultant contains the necessary content
to support the environmental analysis that is germane to each of the
technical study topics in the IS/MND.
Each technical study will be reviewed to verify if any thresholds of
significance from the City’s guidelines, applicable thresholds from the
City General Plan, and, if applicable, the City’s Development Code.
Consultant shall make recommendations if it feels based on the analysis
provided that additional technical studies are warranted.
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1. Traffic Impact Analysis
2. Air Quality/Greenhouse Gas Impact Analysis
3. Cultural Resources Report
4. Noise Impact Analysis
5. Geotechnical Analysis
6. Hydrology Report/WQMP
D. Task 4: Draft Initial Study Review
i. Consultant to determine the technical adequacy of the IS was prepared
pursuant to the requirements of CEQA Section 21080 and Sections 15060
through 15065 of the CEQA Guidelines. Consultant review will include
the following components:
1. Project Description. The project description section will be peer-
reviewed to verify that it captures the requirements of State CEQA
Guidelines § 15378. Consultant will document if the following
components have been included and adequately described, which
generally constitute a thorough project description:
a. Project background summary.
b. List of project objectives.
c. Description of project amenities.
d. List and discussion of required public agency approvals and
entitlements.
e. Characteristics of the onsite buildings.
f. Landscaping characteristics including a plant palette.
g. Hardscaping characteristics including fencing and wall
details.
h. Lighting characteristics including parking, way finding, and
security.
i. Offsite vehicular access points including emergency
vehicular access.
j. Onsite vehicular circulation and parking.
k. Onsite pedestrian and bicycle circulation and connectivity
to offsite circulation.
l. Water and wastewater infrastructure characteristics.
m. Stormwater conveyance infrastructure characteristics.
n. Any offsite improvements required to implement the
project.
o. Development phasing and construction phasing.
p. Grading and soil balance.
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q. Construction material and vehicle staging areas (i.e., lay-
down areas).
r. Graphics and exhibits necessary to supplement the
narrative including regional and vicinity location maps and
a detailed site plan.
2. Topical Issue Analysis. Each of the required topical
environmental issue areas will be peer-reviewed by Consultant to
document to the City that the following components have been
included and adequately analyzed. These issue areas include:
a. Description of the project site’s environmental physical
characteristics.
b. Description of the environmental setting of the vicinity of
the project site.
c. Description of the regulatory setting that lists the applicable
regulations used in the analysis.
d. List of the thresholds of significance used in the analysis.
e. List of project design features (if used) that would reduce
potentially significant impacts below the level of
significance.
f. Analysis of the potential impacts of the project related to
short-term construction activities.
g. Analysis of the potential impacts of the project related to
long-term operational activities.
E. Task 5: Response to Public Comments and Mitigation Monitoring and
Reporting Program
i. Consultant will review comments received on the IS/MND during the
public review period along with the Developer’s response to comments to
determine if each response is deemed technical adequate and address each
comment received.
F. Task 6: Attend Public Meetings and Public Hearings
i. Consultant will attend up to two (2) public hearings either before the
City’s Planning Commission or City Council. Consultant will provide
technical assistance to City staff relating to this proposed project.
G. Task 7: Staff Augmentation
i. Consultant will prepare the environmental findings that would include in
the Resolution adopting the Mitigated Negative Declaration, and assist
with the environmental portion of the City staff report to the Planning
Commission/City Council. Consultant will represent the City with respect
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to AB52 (Agency to Agency) consultation with the Native American
tribes that have requested consultation on this proposal project.
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. Task 1: Meeting minute notes drafted and then sent to City staff in PDF format
within 2-days.
B. Task 2: A Data Needs List provided to the City staff in Excel
C. Task 3: Provided a written memorandum to the City relating to each technical
study in a PDF format. The memorandum will detail and identify deficiencies in
the technical work product and address the need for consistency.
D. Task 4: Technical Adequacy Peer-Review Memorandum distributed to City staff
in a PDF file format. Comments in the IS/MND will also be provide in tracked
changes, along with comment bubbles. Two rounds of technical review will be
necessary for this task - one to address the entire IS/MND and the other to address
comments made by the Developer’s Environmental Consultant to the IS/MND.
Consultant will inform the City when the Draft IS/MND is ready for circulation
and public review
E. Task 5: Consultant will provide comments in track-changes within the Responses
to Comments document. It is anticipated that two rounds of technical review will
be necessary for this task.
F. Task 6: Consultant will attend up to two (2) public hearings either before the
City’s Planning Commission or City Council. Consultant will provide technical
assistance to City staff relating to this proposed project.
G. Task 7: Consultant will provide environmental findings for the Resolution to
adopt the IS/MND and provide the environmental portion for the City’s staff
report and represent City on AB 52 Consultation.
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. Consultant will utilize the following personnel to accomplish the Services:
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A. Betsy A. Lindsay, President/CEO
B. Margaret Partridge, Senior Project Manager
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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. 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.
III. 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.
IV. The total compensation for the Services shall not exceed Forty Thousand Five
Hundred Sixty Dollars and No Cents ($40,560.00) as provided in Section 2.1 of this
Agreement.
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Exhibit “C-1”
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Professional Rate Schedule
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall commence work under this Agreement within 5 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.
G.11.a
Packet Pg. 155 Attachment: Contract Services Agreement Grand Terrace and Ultrasystems [Revision 2] (Professional Services Agreement - Environmental
PROPOSAL TO
CITY OF GRAND TERRACE
CONSULTANT SERVICES FOR PEER REVIEW OF AN INITIAL STUDY AND
MITIGATED
NEGATIVE DECLARATION
Presented to:
City of Grand Terrace Planning and Development Services Attention: Sandra Molina 22795 Barton Road Grand Terrace, CA 92313
Prepared by:
UltraSystems Environmental Inc. 16431 Scientific Way Irvine, CA 92618 UEI No. 190222
February 2019
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TABLE OF CONTENTS
190222/City of Grand Terrace – GrandT-1 Industrial Storage Facility Page i
February 2019
TABLE OF CONTENTS
1.0 COVER LETTER ......................................................................................................................................... 1
2.0 STATEMENT OF QUALIFICATIONS ..................................................................................................... 3
2.1 Firm Profile ................................................................................................................................................. 3
3.0 EXPERIENCE WITH SIMILAR PROJECTS .......................................................................................... 4
3.1 Other Notable Peer Reviews Conducted by UltraSystems ...................................................... 7
4.0 REFERENCES .............................................................................................................................................. 9
5.0 LEGAL ENTITY ....................................................................................................................................... 10
6.0 PROJECT MANAGEMENT .................................................................................................................... 10
6.1 Senior Project Leaders ......................................................................................................................... 11
6.2 Subconstant Firm to Assist with Traffic ....................................................................................... 13
7.0 WORK SCOPE AND BUDGET .............................................................................................................. 14
7.1 City’s Objective ........................................................................................................................................ 14
7.2 Project Understanding ......................................................................................................................... 14
8.0 DELIVERABLES ...................................................................................................................................... 18
9.0 COSTS ........................................................................................................................................................ 19
10.0 STAFFING CAPACITY ........................................................................................................................... 22
TABLES
Table 2.0-1 Company Profile ........................................................................................................................................... 3
Table 4.0-1 Consultant's Reference Table ................................................................................................................. 9
Table 6.0-1 UltraSystems Key Personnel/Project Roles ................................................................................... 10
Table 8.0-1 Deliverables ................................................................................................................................................. 19
Table 9.0-1 Proposed Fees-Peer Review Services ............................................................................................... 19
Table 9.0-2 UltraSystems Standard Rate Schedule .............................................................................................. 20
Table 9.0-3 Cost Table-Labor Breakdown ............................................................................................................... 21
APPENDICES
Appendix A Key Personnel Resumes
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CONSULTANT SERVICES FOR PEER REVIEW OF AN IS/ MND
190222/City of Grand Terrace – GrandT-1 Industrial Storage Facility Page 1
February 2019
1.0 COVER LETTER
February 18, 2019
Attention: Ms. Sandra Molina
Planning and Development Services
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
RE: CONSULTANT SERVICES FOR PEER REVIEW OF AN INITIAL STUDY AND MITIGATED
NEGATIVE DECLARATION
Dear Ms. Molina:
UltraSystems Environmental, Inc. (UltraSystems) is pleased to submit this technical and cost
proposal to the City of Grand Terrace (City) to provide technical peer-review consulting services for
the proposed GranT-1 Industrial Semi-Trailer Storage Facility project.
Our project team includes experts with unparalleled experience with very complex projects including
peer-review of environmental documents and technical studies. Our staff includes environmental
and land use planners, scientists, and engineers with the appropriate mix of senior-level management
and technical expertise to effectively and efficiently complete the peer-review.
Overview of UltraSystems | Qualifications
UltraSystems is a full-service planning and environmental consulting firm that serves public and
private sector clients throughout California. It was founded in 1994; UltraSystems’ headquarters is
in Irvine, CA and also has satellite offices in El Centro, Grass Valley and Sacramento.
For over 25 years, UltraSystems has provided consulting services to public and private sector clients
throughout California, preparing over 7,000 environmental reports, engineering studies and other
technical studies for clients. We also have conducted numerous peer review for public agency clients.
And, throughout our CEQA work, we have been called upon to conduct peer reviews on various
technical studies before they are incorporated into environmental documents.
UltraSystems currently employs a multidisciplinary team of 42 full-time talented and experienced
urban and environmental planners, scientists, archaeologists, biologists, geologists, hydrologists,
engineers, GIS specialists and support staff to perform environmental analysis and monitoring,
CEQA/NEPA document preparation, permit processing and compliance monitoring, technical
studies, and construction environmental compliance to satisfy environmental laws and regulations,
from initial project planning through construction.
UltraSystems Management Team Leadership
Our project team will be led by experienced senior-level staff, many of whom have more than 30
years of experience. Betsy Lindsay, MURP, ENV SP and UltraSystems Principal, will act as the
Project Director for this contract. Ms. Lindsay has over 35 years of experience preparing and
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managing environmental documents. She will be assisted by Margaret Partridge, MURP, LEED GA,
ENV SP, AICP, who will serve as the Senior Project Manager on this contract. Rounding out our
management team is Hina Gupta, MURP, LEED AP B+C who will serve as Deputy Project Manager
and will provide Quality Assurance/Quality Control for technical memorandums to the City.
Throughout our proposal, we will demonstrate why the UltraSystems project team is ideal for this
contract with the City. In summary, our team offers the following advantages over our competition:
Substantial Resource Depth and Capacity.
Having the Right Subconsultant on our Project Team.
Legal Track-Record in Preparing Environmental Documents.
Well-established Relationships with Regulatory Agencies.
Being Cost Effective and Project Delivery Efficient.
As the President/CEO of UltraSystems, I am a duly authorized officer of the firm with the legal
authority to bind and commit the firm to contractual obligations. Should you need any additional
information, you can reach me via email at blindsay@ultrasystems.com or telephone at:
(949) 788-4900 ext. 227.
Sincerely,
ULTRASYSTEMS ENVIRONMENTAL INC.
Betsy A. Lindsay
President/CEO
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2.0 STATEMENT OF QUALIFICATIONS
2.1 Firm Profile
UltraSystems Environmental Inc. (UltraSystems) is a full-service planning and environmental
consulting firm. Founded in 1994, UltraSystems is headquartered in Irvine, California and maintains
satellite offices in Carlsbad, Grass Valley and Sacramento.
Firm Stability and Strength | Resource Depth. For over 25 years, UltraSystems has provided
consulting services to public and private sector clients throughout California, preparing over 7,000
environmental reports, engineering studies and other technical studies for clients. We are confident
that our extensive project experience, coupled with our senior-level in-house professional and
technical resources, will bring a level of technical expertise required to exceed the City’s needs during
this EIR contract.
UltraSystems employs a multidisciplinary team of 42 talented and experienced urban and
environmental planners, scientists, archaeologists, biologists, geologists, hydrologists, engineers,
Geographic Information Systems (GIS) specialists, and support staff to complete CEQA and NEPA
documents, technical studies, permits, and construction monitoring programs to satisfy
environmental laws and regulations from planning through operations. In addition, our firm has
under contract up to 100 individuals to supplement (if necessary) existing workloads. Lastly, our
firm has master service agreements (MSAs) with 50 firms. Those firms vary from fewer than five to
over 43,000 employees.
By collaborating across scientific disciplines, UltraSystems delivers practical solutions to
environmental problems. UltraSystems emphasizes resolution of environmental issues early in the
process when the client has the greatest flexibility for design to avoid or minimize costly permitting
and mitigation on their projects. Presented below is our firm profile.
Table 2.0-1
COMPANY PROFILE
COMPANY PROFILE
Company Name: UltraSystems Environmental, Inc. (UltraSystems)
Corporation Type: UltraSystems is a S Corporation (privately-held)
Corporate Headquarters: 16431 Scientific Way, Irvine, CA 96218
T: 949/788-4900 | F: 949/788-4901
Company Website: www.ultrasystems.com
Year Incorporated: July 1, 1994 | S-Corp
Years in Business: 25
Diversity Certifications:
Federal Disadvantaged Business Enterprise (DBE)
Small Business Enterprise (SBE)
Woman-owned Business Enterprise (WBE)
Federal Woman-owned Small Business (WOSB)
DIR # 1000006738
Contact Person for the
Contract: Betsy A. Lindsay, President/CEO | E: blindsay@ultrasystems.com
Number of Employees: Full time employees in Irvine = 42
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The preparation and review of California Environmental Quality Act (CEQA) and National
Environmental Policy Act (NEPA) documents has been a core service of UltraSystems since our
founding. This expertise includes coordination with local, state, federal and other governmental
agencies; managing public participation programs; issuing necessary legal notices; and incorporating
the document into the overall planning process. UltraSystems regularly acts as an extension of staff
for public agencies to perform all required public and agency notifications for CEQA and NEPA
environmental review documents. After review, UltraSystems handles the logistics of distribution,
publication, and notifications per California Government Code requirements.
3.0 EXPERIENCE WITH SIMILAR PROJECTS
UltraSystems is often called upon to perform third-party reviews of technical studies prepared by
other consulting firms on behalf of public agencies and private clients. Those reviews are typically
conducted to (1) determine the technical and procedural adequacy of CEQA and NEPA documents;
(2) identify informational and analytical deficiencies, (3) determine procedural compliance, (4)
document project-induced impacts, (5) assess the effectiveness of recommended mitigation
measures, (6) support additional mitigation measures and alternative development plans, and (7)
assist legal counsel with judicial challenges to pending projects. A sample of peer-review projects or
logistic center projects is summarized below.
PROJECT: DCT JURUPA LOGISTICS CENTER II PROJECT – ADDENDUM
Relates to this Proposal: Air Quality, GHG Emissions, Health Risk Assessment, Noise, Biological
Resources, Cultural Resources and Traffic technical studies.
Client: City of Fontana
Contact: Brett Hamilton, Assistant Planner | T: (323) 260-4703 | E: bhamilton@fontana.org
Contract Duration: November 2017 to February 2018
Contract Amount: $34,215
The proposed project, known as the DCT
Jurupa Logistics Center II Project, consists of
the development of a single, Class A, 104,530‐
square‐foot, two‐story distribution
warehouse facility, located on a 5.24‐acre
parcel at the northeast corner of Jurupa
Avenue and Catawba Avenue. The proposed
warehouse would include 101,530 square
feet on the ground floor and 6,000 square
feet on the second floor. Parking spaces
would be constructed on the north and south
sides of the project site. A 360‐foot‐wide
truck court, with a capacity of 21 dock doors,
would be constructed on the east side of the project site. Landscape improvements are also proposed
onsite. Utility connections to water, sewer, and electricity would be constructed.
UltraSystems was hired by the City of Fontana to complete an Addendum to the Southwest Industrial
Specific Plan Program Environmental Impact Report in compliance with California Environmental
Quality Act (CEQA) to account for necessary changes or additions to the project but none of the
conditions described in Section 15162 of the State CEQA Guidelines calling for a preparation of a
subsequent EIR occurred.
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PROJECT: LTG PLATINUM CENTER MIXED USE DEVELOPMENT – PEER REVIEW
Relates to this Proposal: Air Quality, Greenhouse Gas Emissions, Noise Studies
Client: City of Anaheim
Contact: Christine Saunders
Contract Duration: May 2016
Contract Amount: $20,440
UltraSystems was requested by the City of Anaheim to conduct a peer review on the Modified Project
that was the subject of the Addendum No. 5 to SEIR No. 339 would involve the construction of 405
residential units, 433,000 gross square feet of commercial retail space, a 215‐room hotel, and 77,000
gross square feet of office space. The floor area of office space and number of dwelling units proposed
for development under the Modified Project are substantially lower than the totals allowed in the
Gateway District under the Approved Project. However, the proposed mixed-use development in the
Modified Project contains a substantially greater amount of commercial space in the Gateway District
than allowed under the Approved Project.
Our original scope was to review technical
studies of the air quality, greenhouse gas
(GHG) emissions and noise impacts of the
project. However, as discussed in Section
2, no new, stand‐alone technical studies of
those impact categories were prepared
for the Screencheck Addendum. Instead,
UltraSystems reviewed the air quality,
GHG and noise sections of the
Screencheck addendum for technical
accuracy and internal consistency.
The air quality, GHG emissions, and noise
sections of the Screencheck Addendum, along with five technical studies that had already been
reviewed by others for technical adequacy, were reviewed to ascertain whether they contained the
necessary content to support the environmental analysis in the Screencheck Addendum.
Discrepancies between the technical studies and the Addendum were noted. The technical studies
included geotechnical/soils, hydrology/drainage, water quality management plan, sewerage, and a
Phase I environmental site assessment.
UltraSystems also reviewed the Screencheck Addendum to verify that it met the requirement under
the CEQA statute and CEQA Guidelines for an addendum. The entire document was reviewed for
internal consistency, and to determine whether evidence presented was sufficient to support its
findings. The peer review of the Screencheck Addendum was included within a memorandum to the
City.
PROJECT: KAISER LABORATORY COOLING TOWER
Relates to this Proposal: Noise Peer Review
Client: City of Chino Hills
Contact: JoAnn Lombardo | T: (909) 364-2740 | E: jlombardo@chinohills.org
Contract Duration: June 2016
Contract Amount: $3,425
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Kaiser Permanente completed construction of the new Inland Empire Satellite Regional Reference
Laboratory at 13000 Peyton Drive, Chino Hills, California. The facility includes three Marley
MD5018PLD counterflow cooling towers, which are collocated on the northwest side of the
laboratory building. The cooling towers have been installed and are now operating at least part of
the time. A pre-existing residential neighborhood is located on the west, and northwest sides of the
Kaiser facility. Distances from the cooling towers to the nearest tier of residences (on a line-of-sight)
range from about 270 to 570 feet.
In April 2016, the City of Chino Hills received a letter report from the Culver City office of HOK, an
international design firm. The letter included as attachments to reports on noise measurements
made at the Kaiser facility boundary, as well as information on the cooling towers. On April 27, 2016,
the City asked UltraSystems to peer review the HOK report. On May 3, 2016, the City asked
UltraSystems to expand our scope of work to include a site visit and a review of the independent
noise reading prepared by a resident. UltraSystems was also to make independent noise
measurements related to this project.
UltraSystems recommended that a new acoustical study be conducted to gain a more technically
sound understanding of the contribution of the cooling towers to exposures at local sensitive
receivers. A useful approach would be as follows. First, use three meters of the same make and
model, each being Type I meter. Conduct 24-hour sampling at three locations. Two locations would
be on the sidewalk in front of nearby residences (at least five feet away from walls in front of the
houses). Each residential location would have to be on a direct, unencumbered line of sight from the
cooling towers and another unencumbered line of sight from the freeway. If the cooling towers are
on the same line of sight as the one from the freeway, they could block out some of the freeway noise.
The third sampling location would be at or near UltraSystems’ Location 4, which receives noise from
the freeway, but not the cooling towers. All three meters would be programmed to collect 24
consecutive one-hour samples and thereby obtain 24 Leq values and their corresponding sound
frequency distributions. Before comparing the Leq values at Location 4 with those collected at the
residences, the freeway-only Leq values would have to be adjusted to take into account differences in
distance and type of intervening ground surface. The analysis would consist of subtracting the
freeway-only values for each hourly Leq value measured at each residence, and then calculating the
CNEL. The result would be the CNEL for the cooling towers only. The freeway and cooling tower
contributions could then be compared.
PROJECT: AIR QUALITY ANALYSIS OF CONCO SOUTHERN CALIFORNIA OPERATIONS FACILITY
Relates to this Proposal: Air Quality Peer Review
Client: County of Riverside Transportation and Land Management Agency
Contract Amount: $6,500
UltraSystems reviewed the air quality report prepared for Conco’s proposed 20.50-acre site, located
from San Sevaine Street to Bain Street within Mira Loma. The project included Conco’s new Southern
California Operations Facility, which encompassed a new, two-story 16,714 sq. ft. office building, a
new single-story new single story, 28,240 square foot concrete reinforcing steel and form fabrication
building, and a fuel/wash facility for our concrete pumps and trucks. A portion of the phase 1 area
was graded and prepared with an all-weather surface for the storage of our fabricated construction
forms and form material. The second phase included the improvements to 5 acres that included two
new light industrial/warehouse buildings. The smaller of the two buildings will be 35,147 square
feet, and the larger building will be 64,010 square feet. These two spec buildings fronted Bain Street.
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3.1 Other Notable Peer Reviews Conducted by UltraSystems
PROJECT NAME: DRAFT ENVIRONMENTAL IMPACT REPORT NO. 573 FOR THE MCAS EL TORO
COMMUNITY REUSE PLAN AND MASTER DEVELOPMENT PLAN
Lead Agency: County of Orange Environmental Management Agency
Client Name: Paul Eckles, Executive Director - El Toro Reuse Planning Authority, T: 949/724-6456
Under contract with the El Toro Reuse Planning Authority (ETRPA), UltraSystems conducted a peer-
review of the County of Orange EIR/EIS to convert the El Toro Marine Corps Air Station (MCAS) into
an International Airport. ETRPA was a seven-city agency representing one million citizens in South
Orange County created to represent the “Non-Aviation” alternative and implementation plan for the
federal Base Realignment and Closure Act (BRAC) guidelines, and were opposed to continued use of
the El Toro MCAS as an airport. UltraSystems also conducted close-scrutiny overviews of the U.S.
Naval Facilities Command (NAVFAC) Southwest Division BRAC Closure EIS and specialized studies
by civilian consultants. These studies included compliance with and mitigation and/or remediation
for a substantial number of identified hazardous materials sites. UltraSystems also completed
detailed assignments incorporating geographic information systems (GIS), three-dimensional
imagery, and computer modeling of potential impact issues for long-term, non-aviation land-use
planning.
PROJECT NAME: DRAFT ENVIRONMENTAL IMPACT REPORT NO. 573 FOR THE MCAS EL TORO
MASTER DEVELOPMENT PLAN
Lead Agency: County of Orange Environmental Management Agency
Client Name: Marilyn Walczak, General Manager - Aliso Viejo Community Assoc., T: 949/362-5890
On behalf of the Aliso Viejo Community Association, UltraSystems completed a third-party review of
the Draft EIR for the El Toro Master Development Plan prepared by the County of Orange. The Aliso
Viejo Community Association included approximately 28,000 residents in 12,500 homes.
PROJECT NAME: UNIVERSAL STUDIOS SPECIFIC PLAN EIR
Lead Agency: County of Los Angeles, Department of Regional Planning, Frank Meneses, Section
Head, T: 213/974-6432
Client Name: Lakeside Golf Club c/o Jim Vernon, T: 213/ 683-1480
On behalf of Lakeside Golf Club, UltraSystems completed a third-party review of the Draft EIR for the
proposed expansion of Universal Studios, theme park, and City-walk. In addition, UltraSystems
conducted an acoustical analysis to independently audit information contained in the Draft EIR.
Under this work assignment, UltraSystems supported Lakeside Golf Club’s efforts to ensure a full and
faithful disclosure of the potential direct, indirect, and cumulative effects of the pending Universal
City project. UltraSystems prepared a detailed review of the information presented in the
environmental review record, identified those issues necessitating a technical response by the Lead
Agency, provided potential design and development alternatives, identified additional mitigation
measures to reduce or avoid project-related effects, evaluated the effectiveness of the proposed
mitigation measures, and created a detailed administrative record to assist in future legal challenges.
PROJECT NAME: INDUSTRY MATERIALS RECOVERY FACILITY EIR
Lead Agency: City of Industry
Client Name: Cities of Walnut and Diamond Bar, James DeStefano, Deputy City Manager, T: 909/396-
5676
Under contract to the Cities of Walnut and Diamond, UltraSystems performed a technical due-
diligence review of the Draft EIR for the City of Industry Materials Recovery Facility (MRF) and
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provided permit review, monitoring, and agency consultation for discretionary entitlements which
represented key precursors to the approval of the MRF project.
PROJECT NAME: ALAMEDA CORRIDOR EIR/EIS
Lead Agency: Alameda Corridor Authority
Client Name: Burke, Williams, Sorenson, John Schlotterbeck, Esq., T: 213/236-2835
Under contract to Burke, Williams, Sorenson (counsel to the City of Compton), UltraSystems
conducted a technical third-party review of the Alameda Corridor Draft Environmental Impact
Report/Statement, which analyzed a 30-mile rail corridor between downtown Los Angeles and the
Port of Los Angeles. UltraSystems reviewed project documentation to determine whether project
implementation would impact the City, its residents, and business community, and whether changes
in the project, such as implementation of other project alternatives or the imposition of additional
mitigation measures, would alleviate the project's potential impacts.
PROJECT NAME: BALDWIN PARK OPERATING UNIT SUPERFUND EIR/EIS
Lead Agency: Three Valleys Municipal Water District
Client Name: City of Irwindale, Ron Smothers, City Planner, T: 626/430-2200 x 207
Under contract to the City of Irwindale, UltraSystems conducted a peer-review of the EIR/EIS. Of
primary concern to the City was the location of the treatment system within their jurisdiction.
UltraSystems thoroughly reviewed six “project alternatives”, two “no project” scenarios, three
potential “treatment system” processes, five “spreading ground” alternatives, seven “project
options,” Cluster 6 Addition, and numerous pipeline alignments.
PROJECT NAME: HOME DEPOT MITIGATED NEGATIVE DECLARATION
Lead Agency: City of La Habra
Client Name: Beckman Instruments, Eddy F. Atencio, Facilities Engineer, T: 714/773-8157
UltraSystems, under contract to Beckman Instruments, reviewed and commented on the City’s MND
and conducted independent analyses of air quality and traffic impacts.
PROJECT NAME: LOWER ROSAN/HOME DEPOT
Lead Agency: City of Dana Point
Client Name: City of Dana Point, Dennis Jue, T: 949/248-9898
UltraSystems, under contract to the City of Dana Point, performed an environmental analysis of (1)
project-related impacts affecting the City and its residents, and (2) the effectiveness of measures to
minimize or avoid impacts. UltraSystems prepared a detailed administrative record to support
anticipated legal challenges.
PROJECT NAME: PRICE-COSTCO BULK MERCHANDISE AND GROCERY STORE EIR
Lead Agency: City of Torrance
Client Name: City of Lomita, Richard Kawasaki, City Planner, T: 310/325-7110
Under contract to the City of Lomita, UltraSystems conducted a peer-review of the Notice of
Preparation and Draft EIR prepared for the Price-Costco Store within the City of Torrance. Specific
areas of concern to the City of Lomita included (1) project potential impacts on existing
“transportation facilities” within City jurisdiction, (2) adequacy of existing storm drain facilities to
accommodate storm water discharge demands, (3) roadway improvements, (4) consistency with o
the City of Torrance’s General Plan, and (5) specific topical issues addressed in the Draft and Final
EIR.
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PROJECT NAME: GELSON’S AT NORTH TUSTIN VILLAGE NOISE IMPACT STUDY – NORTH
TUSTIN
Lead Agency: County of Orange
Client Name: Neighbors United, Manny Padilla, T: 714/832-8213
UltraSystems performed a technical peer-review of the Noise Impact Study prepared for a proposed
commercial shopping center located within the County of Orange, provided comments on the noise
analysis, recommended additional mitigation measures, and proposed site planning and design
constraints.
PROJECT NAME: CYPRESS STREET WATER RESERVOIR REPLACEMENT PROJECT
Lead Agency: City of Lomita
Client Name: Chandler’s Palos Verdes Sand and Gravel Company, Richard Lawton, President/CEO,
T: 310/326-1212
Under contract to Chandler’s, UltraSystems performed a technical review of the MND prepared by
the City of Lomita for a 5.5 million-gallon Cypress Street Water Reservoir Replacement Project.
UltraSystems recommended (1) relocation the proposed above ground storage tank to a higher
elevation outside the Palos Verdes fault zones, and (2) construction of an underground storage tank
to avoid light and glare, fault rupture damage, and potential flooding of a Sheriff Station facility. The
original site also contained insufficient parking capacity onsite or off-site, and had demonstrable
negative aesthetic effects.
PROJECT NAME: ONSITE DAIRY DIGESTER/CHINO I DESALTER POWER GENERATION PILOT
SCALE PROJECT
Lead Agency: Inland Empire Utilities Agency
Client Name: City of Chino Hills, Douglas La Belle, City Manager, T: 909/364-2610
UltraSystems conducted a technical peer-review of the IS/MND of a proposed onsite digester project
within the City of Chino.
4.0 REFERENCES
The table below provides references from public agency clients who will attest to the quality of work
performed by UltraSystems in its capacity as providing environmental consulting services in
Southern California.
Table 4.0-1
CONSULTANTS REFERENCE TABLE
Client | Dates of
Performance Scope of Services Contact Name and Address
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
December 2018 – Present
Legacy Square
IS/MND, Biological, Noise, Cultural, Traffic
Candida Neal, Planning Director
Pedro Gomez, Assistant Planner
T:714/667-2790
E: PGomez@santa-ana.org
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
December 2018 – Present
Fontana Victoria Residential Project
Addendum, Air Quality, GHG, Biological, Cultural, Noise
DCT Industrial
Addendum, Air Quality, GHG, Biological, Cultural, Noise
Brett Hamilton, Associate Planner
T: 909/350-6656
E: bhamilton@fontana.org
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Client | Dates of
Performance Scope of Services Contact Name and Address
City of West Covina
1444 West Garvey Avenue
West Covina, CA 91790
August 2017 to November
2018
Portos Bakery and Café IS/MND
IS/MND, AQ/GHG, Biological, Cultural, Noise, Traffic
7-Unit Subdivision
IS/MND, AQ/GHG, Biological, Cultural, Noise, Traffic
Jeff Anderson, Community
Development Director
T: 626/939-8423
E: jeff.anderson@westcovina.org
Los Angeles County
Department of Public Works
900 S Fremont Ave
Alhambra, CA 91803
October 2016 – Present
On-call Environmental and Regulatory Services
Contract – (public works projects)
CEQA/NEPA, Biological Resources, Cultural
Resources, Historical Resources, Air Quality, Noise,
GIS, Habitat Restoration, Regulatory Permitting,
Mitigation Monitoring, Phase I ESA
Albert Anidi, Project Manager
T: (626) 458-5199
T: (626) 458-3916
E: aanidi@dpw.lacounty.gov
US Army Corp of Engineers
Los Angeles District, CESPLCT
Los Angeles, CA 90053-2325
December 2013 – Present
Santa Ana River Mainstem Flood Control Project,
Norco, CA
Biological Surveys and Biological Monitoring during
vegetation clearance and restoration
Hayley Lovan, Project Engineer
T: 402/691-9736
E: Hayley.j.lovan@usace.army.mil
5.0 LEGAL ENTITY
UltraSystems is a S-Corporation, established in California. UltraSystems has no ownership interest
in the project. We have been in business since July 1994, and we have 42 employees in California.
6.0 PROJECT MANAGEMENT
The UltraSystems project team that will be assigned to this project is identified in the Table 6.0-1
below. All members of the project team are available and will remain committed to successfully
completing their respective responsibilities throughout this contract performance period.
Additionally, UltraSystems has selected key in-house personnel to oversee the peer review that will
be required for this work assignment Resumes for each project team member are provided in the
Technical Appendix.
Table 6.0-1
ULTRASYSTEMS KEY PERSONNEL/PROJECT ROLES
NAME | TITLE PROJECT ROLE ON PROJECT Yrs.
Exp.
Key Management on this Contract
Betsy A. Lindsay, MURP, ENV SP
Project Director
Project Management, Contract Administration, Resource
Allocation, Memorandum, Public Hearings, QA/QC 35
Margaret Partridge, MURP, AICP,
LEED GA. ENV SP
Senior Project Manager
Primary Point of Contact
Mineral Resources, Agriculture & Forestry Resources
Public Hearings, Staff Augment
14
Hina Gupta, MURP, LEED-AP
Deputy Project Manager
Aesthetics, Land Use, Public Services, Utilities and Service
Systems, Population/Housing, Wildfire, Staff Augment 12
Key Technical Leads – Peer Review
Dr. Michael Rogozen, D.Env.
Senior Principal Engineer Air Quality, Greenhouse Gas Emissions, Noise 40
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NAME | TITLE PROJECT ROLE ON PROJECT Yrs.
Exp.
Dan Herlihy, MS, CEG, PG, CHG
Senior Technical Advisor Geology/Soils, Hazards & Hazardous Materials 35
Steven O’Neil, MS, RPA
Cultural Resources Manager Cultural Resources, AB 52 Compliance, Staff Augment 38
Michelle Tollett BA
Senior Biologist Biological Resources 18
Subconsultant
Brian Marchetti, BS
VP/Senior Transportation Planner
KOA Corporation
Traffic Impact Analysis 22
6.1 Senior Project Leaders
UltraSystems has assembled a project team specifically tailored to meet the requirements of the
upcoming assignment. The Primary Point of Contact and Senior Project Manager for this project
will be Margaret Partridge, MURP, LEED-GA, ENV SP, AICP and the Deputy Project Manager will
be Hina Gupta, MURP, LEED AP B+C. Both of these individuals have experience preparing
environmental documents, conducting peer reviews on behalf of numerous public agency clients.
Brief descriptions summarizing the qualifications of our Senior Project Manager and Deputy Project
Manager are provided below, along with the Project Director.
BETSY LINDSAY, MURP, ENV SP | Project Director
As UltraSystems’ Principal, Ms. Lindsay will ensure client satisfaction of all
services provided by the UltraSystems project team under this contract to the City.
In her capacity as Senior Project Manager on this assignment, Ms. Lindsay will be
responsible for overall project management and assuring resources are available
to complete this project within budget and on schedule. She will help oversee the
quality assurance program, and be responsible for all contract management and
execution functions.
Ms. Lindsay has over 35 years of professional environmental consulting experience. This experience
has encompassed the successful preparation of more than 400 environmental documents and
management of more than 20 large-scale, on-call/as-needed contracts with a variety of public
agencies that have literally encompassed 1,000’s of individual task orders.
EDUCATION
MURP., Urban and Regional Planning, California State Polytechnic University, Pomona, CA
B.S., Geography, California State University, Long Beach, CA
PROFESSIONAL REGISTRATIONS, LICENSES AND AFFILIATIONS
Environmental Sustainability Professional
RECENT RELEVANT EXPERIENCE
City of Fontana, Sierra Ave. Apartment – IS/MND
City of Fontana, DCT Jurupa Logistics Center Distribution Center – Addendum
City of Fontana, Fontana Victoria Residential – Addendum
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Related of California, Rose Hill Courts – EIR
Los Angeles Unified School District, Venice High School, Venice, CA – IS/MND
LAUSD, North Hollywood High School, North Hollywood, CA – IS/MND
LAUSD, Grant High School, Van Nuys, CA – IS/MND
Murrieta Senior Living Facility, Murrieta, CA – IS/MND
Rose Hill Courts Modernization, Housing Authority of the City of Los Angeles – IS/MND and
EA/FONSI
Portos Bakery, City of West Covina, CA - IS/MND
County of Los Angeles, Department of Public Works – Countywide Residential and Garbage
Collection Districts – Addendum
Lenity Architecture, City of Murrieta, Senior Living Facility – IS/MND
MARGARET PARTRIDGE, MURP, AICP, LEED GA, ENV SP | Senior Project Manager
Ms. Partridge would serve as the Project Manager on this contract. She has over 14
years of experience in community and environmental planning. Ms. Partridge has
experience in both the public and private sectors as a city planner and as an
environmental planner for residential, commercial, industrial, mixed-use, and
specific plan projects. Ms. Partridge’s areas of expertise include CEQA, EIRs, Initial
Studies, MNDs, and land use research. She is certified as a LEED Green Associate
and is a member of the American Institute of Certified Planners
(AICP). Ms. Partridge is trained in environmental analysis for a variety of project
types and has experience conducting current planning and permit work for local
cities.
EDUCATION
M.A., Urban and Regional Planning, University of California, Irvine California State University
B.A., Environmental Analysis and Design, University of California, Irvine
PROFESSIONAL REGISTRATIONS, LICENSES AND AFFILIATIONS
American Institute of Certified Planners
LEED – Green Associate
Environmental Sustainability Professional
RECENT RELEVANT EXPERIENCE
Related of California, Rose Hill Courts – EIR
Los Angeles Unified School District, Venice High School, Venice, CA – IS/MND
LAUSD, North Hollywood High School, North Hollywood, CA – IS/MND
LAUSD, Grant High School, Van Nuys, CA – IS/MND
Rose Hill Courts Modernization, Housing Authority of the City of Los Angeles – IS/MND and
EA/FONSI
City of Fontana, Sierra Ave. Apartment – IS/MND
City of Fontana, DCT Jurupa Logistics Center Distribution Center – Addendum
County of Los Angeles, Department of Public Works – Countywide Residential and Garbage
Collection Districts – Addendum
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HINA GUPTA, MURP, LEED AP B+C | Deputy Project Manager
Ms. Gupta is a seasoned professional urban and regional planner with over 12
years of environmental project management and planning experience. She has
prepared and/or managed the preparation of CEQA compliance documents for a
wide variety of projects including master planned developments, multi-family
housing, educational facilities, industrial facilities, infrastructure improvements
and transportation-related projects. Ms. Gupta’s areas of technical expertise
include: Aesthetics and Visual Impact Analysis, Community Impact Assessment,
Sustainable Land Use and Transit Oriented Development, Streetscape Improvement, Architectural
Design and Data Analysis. Ms. Gupta will oversee the day to day technical operations on this
assignment, undertake the preparation of technical sections for which she has primary responsibility,
and conduct QA/QC reviews of all UltraSystems deliverables prior to submittal to the City.
EDUCATION
MURP University of Southern California, Los Angeles, CA
B.Arch., Chandigarh College of Architecture, Chandigarh, India
PROFESSIONAL REGISTRATIONS, LICENSES AND AFFILIATIONS
LEED – Building +Architecture Associate
Environmental Sustainability Professional
RECENT RELEVANT EXPERIENCE
City of Fontana, Sierra Ave. Apartment – IS/MND
City of Fontana, DCT Jurupa Logistics Center Distribution Center – Addendum
Related of California, Rose Hill Courts – EIR
Los Angeles Unified School District, Venice High School, Venice, CA – IS/MND
LAUSD, North Hollywood High School, North Hollywood, CA – IS/MND
LAUSD, Grant High School, Van Nuys, CA – IS/MND
Murrieta Senior Living Facility, Murrieta, CA – IS/MND
Rose Hill Courts Modernization, Housing Authority of the City of Los Angeles – IS/MND and
EA/FONSI
Portos Bakery, City of West Covina, CA – IS/MND
County of Los Angeles, Department of Public Works – Pitchess EVOC for Sheriff’s
6.2 Subconsultant Firm to Assist with Traffic
UltraSystems would perform all work in-house with the exception of the Traffic Impact Report. For
the peer-review of the Traffic Impact Report, we would hire KOA Corporation. We have successfully
worked with KOA on numerous projects throughout Southern California.
Founded in 1987, KOA Corporation (KOA) is a leading
provider in traffic engineering, transportation planning and
construction management services for public agencies and
private sector clients. They offer clients technical knowledge, innovative solutions and responsive
services. Their staff includes certified transportation planners, registered civil and traffic engineers,
project/construction managers, and construction inspectors. With four offices located in Southern
California, KOA has provided services for some of the largest public works and transportation
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planning projects in California. KOA has conducted a wide variety of transportation planning and
traffic impact studies for public and private developments throughout Southern California. Nearly a
third of their staff members are transportation planners. These planners are able to define
methodology with the lead agency, analyze project impacts thoroughly and properly, and offer
feasible and effective mitigation options and design solutions for identified transportation concerns.
KOA has prepared studies for numerous public sector jurisdictions, each with customize elements as
required for each project and its aspects. Brian Marchetti, BS, AICP, Senior Transportation
Planner, would lead all technical resources relating to the peer review of the traffic impact study.
7.0 WORK SCOPE AND BUDGET
7.1 City’s Objective
Contract for Peer Review Services of a Developer-driven IS/MND with resulting technical studies.
The City wants a consultant with a thorough understanding of CEQA to objectively analyze the
impacts of the project, confirm mitigation, and impartially represent the environmental document
before the key decision-makers in the City.
7.2 Project Understanding
The project is located on approximately 22 acres, at the
northerly terminus of Terrace Avenue and fronting Railroad
Access Road, and south of the Santa Ana River in the City. The
project site is currently zoned Heavy Industrial (M-2), with a
small portion along the northern boundary with an
Agricultural Overlay District (AG).
The proposed operations will support local and regional
businesses, associated with fulfillment centers, delivery
services, retail merchants, and major wholesale retailers,
such as: Costco, Amazon, UPS, Ashley Furniture, and others
within Riverside and San Bernardino County. A maximum of
650 semi-trailers, shipping and storage containers with
chassis would be stored onsite. Hours of operation would be Monday through Saturday, 6AM to
10PM.
Proposed improvements would include a security/caretaker’s office, and a 4,800 sq. ft. maintenance
building, which would be used for regulatory inspection and maintenance of the trailers and
containers.
The proposed scope of work is intended to satisfy the following objectives.
Analyze project information for compliance with CEQA requirements including project
description, Initial Study, project objectives and project alternatives.
Describe the process to compete the peer-review.
Below is a task-by-task description of the proposed scope of work.
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TASK 1 – PROJECT INITIATION, WORK PROGRAM REFINEMENT, AND PROJECT MANAGEMENT
UltraSystems’ assigned project manager will attend one (1) kick-off meeting with City staff to review
the City’s goals and objectives, discuss strategies for accomplishing the work, refine (if necessary)
the work scope and identify available data. Additional purposes of the project initiation meeting are
to (1) introduce key personnel, (2) review and verify the project schedule, (3) review and verify
project deliverables, and (4) define avenues of communication and discuss any other related matters
concerning the contract. UltraSystems will document the meeting; therefore, we would be
responsible to taking meeting minutes and then distribute meeting minutes to City staff.
At this meeting, UltraSystems will collect all materials in the possession of the City relevant to the
performance of this work assignment.
The City has requested that UltraSystems hold monthly meetings if necessary. Our suggestion is that
we hold bi-weekly conference calls with City staff on designated days/times to discuss with the City
any data gaps that are needed from the Developer for the peer review assignment, and update City
staff on the progress taken to-date on this project, including confirmation of the project schedule.
Deliverables: Meeting minute notes drafted and then sent to City staff in PDF format within 2-days
following project initiation meeting.
TASK 2 – DATA COLLECTION, REVIEW AND EVALUATION
This task includes UltraSystems reviewing and evaluating the existing proposed project documents.
After review of this technical information UltraSystems will prepare a Data Needs List in Excel. The
list will provide information to City Staff relating to each topical issue (if needed), the party
responsible for providing the information, data requested, requesting party, date provided by the
City or Developer, and comments.
Deliverable: A Data Needs List provided to the City staff in Excel.
TASK 3 – PEER REVIEW OF TECHNICAL STUDIES
UltraSystems understands that six (6) technical studies were prepared by the Developer’s
environmental consultants for this proposed project. UltraSystems will perform a CEQA adequacy
peer-review of the following technical studies:
1. Traffic Impact Analysis;
2. Air Quality/Greenhouse Gas Impact Analysis;
3. Cultural Resources Report;
4. Noise Impact Analysis;
5. Geotechnical Analysis; and
6. Hydrology Report/WQMP.
The purpose of performing a CEQA adequacy peer-review is to determine the following: (1) if the
technical studies contains the necessary content to support the environmental analysis provided in
the IS; (2) if the project description is consistent with the technical content in each of the technical
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studies; and (3) if applicable thresholds of significance contained in Appendix G of the State CEQA
Guidelines are properly represented and analyzed.
In addition, each technical study will be reviewed to verify if any thresholds of significance from the
City’s guidelines, applicable thresholds from the City General Plan, and, if applicable, the City’s
Development Code.
UltraSystems will also make a recommendation, if it feels based on the technical analysis if additional
technical studies are warranted.
The purpose of performing a CEQA adequacy peer-review is to determine if the technical studies
provided by the Developer’s environmental consultant contains the necessary content to support the
environmental analysis that is germane to each of the technical study topics in the IS/MND. For each
of these technical studies, UltraSystems will determine the following:
Table of Contents. If a table of contents is included, a comparison will be made to text to
verify consistent referencing. If the technical study includes an Appendix, verification will be
made if the Appendix is attached, and correctly referenced.
Table and Exhibit Numbering. Table numbers and exhibit numbers will be compared to
their respective in-text references to verify consistent referencing.
Consistency Between Technical Studies. UltraSystems comprehends that technical studies
may have been prepared by different consulting firms that employ different writing styles,
formatting techniques, use of graphics and exhibits, and other variables. Regardless of the
authoring techniques employed by different firms, the technical studies used to supplement
the analysis and be appended to the IS/MND must be sufficiently similar to each other in the
technical content conveyed or the overall environmental analysis could become misleading,
incorrect, or both. UltraSystems’ peer review will look for variables such as a consistent
structure of the information presented, use of abbreviations and acronyms, bibliography and
other variables.
Consistent Representation of Project Information. The Project description contained in
the IS/MND must be consistent with the technical content in each of the technical studies.
The technical analysis of each study will be compared to the project description to verify it is
accurately represented and that the analysis presented in the technical study has a logical
nexus to the description of the proposed project.
Contains Necessary Thresholds of Significance. Each technical study will be reviewed to
verify each of the thresholds of significance contained in Appendix G of the State CEQA
Guidelines are represented and analyzed. In addition, each technical study will be reviewed
to verify if any thresholds of significance from the City’s guidelines for the implementation of
CEQA are included along with any applicable thresholds from the City’s General Plan and, if
applicable, the City’s Development Code.
Deliverable: Provided a written memorandum to the City relating to each technical study in a PDF
format. The memorandum will detail and deficiencies in the technical work product, and address the
need for consistency.
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City Staff’s Obligation. The Developer will have their consultants review and re-submit an updated
version of the technical studies, based on the comments received from UltraSystems. The City will be
responsible for forwarding UltraSystems’ memo to the Developer.
TASK 4 – DRAFT INITIAL STUDY - REVIEW
The approach UltraSystems will take to determine the technical adequacy of the IS was prepared
pursuant to the requirements of CEQA Section 21080 and Sections 15060 through 15065 of the CEQA
Guidelines. Our review will include the following components:
Project Description. The project description section will be peer-reviewed to verify that it captures
the requirements of State CEQA Guidelines § 15378. UltraSystems will document if the following
components have been included and adequately described, which generally constitute a thorough
project description:
Project background summary.
List of project objectives.
Description of project amenities.
List and discussion of required public agency approvals and entitlements.
Characteristics of the onsite buildings.
Landscaping characteristics including a plant palette.
Hardscaping characteristics including fencing and wall details.
Lighting characteristics including parking, way finding, and security.
Offsite vehicular access points including emergency vehicular access.
Onsite vehicular circulation and parking.
Onsite pedestrian and bicycle circulation and connectivity to offsite circulation.
Water and wastewater infrastructure characteristics.
Stormwater conveyance infrastructure characteristics.
Any offsite improvements required to implement the project.
Development phasing and construction phasing.
Grading and soil balance.
Construction material and vehicle staging areas (i.e., lay-down areas).
Graphics and exhibits necessary to supplement the narrative including regional and vicinity
location maps and a detailed site plan.
Topical Issue Analysis. Each of the 19 topical environmental issue areas will be peer-reviewed by
UltraSystems to document to the City that the following components have been included and their
adequately analyzed. These issue areas include:
Description of the project site’s environmental physical characteristics.
Description of the environmental setting of the vicinity of the project site.
Description of the regulatory setting that lists the applicable regulations used in the analysis.
List of the thresholds of significance used in the analysis.
List of project design features (if used) that would reduce potentially significant impacts
below the level of significance.
Analysis of the potential impacts of the project related to short-term construction activities.
Analysis of the potential impacts of the project related to long-term operational activities.
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References and Sources. The list of sources will be peer-reviewed by UltraSystems to verify that
references and technical sources cited in the narrative are correct and accurate.
Legal Defensibility. UltraSystems will be proactive with respect to legal defensibility of the IS/MND
document, on behalf of the City. We will demonstrate that our work product will meet legal scrutiny,
as your technical consultant.
Review. UltraSystems will provide comments in track-changes within the IS/MND document. This
review will also include specific comment bubbles. Additional comments will be provided in a
memorandum to City staff. It is expected that two rounds of technical review will be necessary for
this task. One, to address the entire IS/MND and the other to address comments made by the
Developer’s Environmental Consultant to the IS/MND. UltraSystems will inform the City when the
Draft IS/MND is ready for circulation and public review.
Task 5 - Response to Public Comments and Mitigation Monitoring and Reporting Program
Review. UltraSystems will review comments received on the IS/MND during the public review
period along with the Developer’s response to comments to determine if each response is deemed
technical adequate and address each comment received.
UltraSystems will provide comments in track-changes within the Responses to Comments document.
This review will also include specific comment bubbles. It is anticipated that two rounds of technical
review will be necessary for this task.
TASK 6 – ATTEND PUBLIC MEETINGS AND PUBLIC HEARINGS
UltraSystems will attend up to two (2) public hearings either before the City’s Planning Commission
or City Council. UltraSystems will provide technical assistance to City staff relating to this proposed
project. Any additional meetings will be invoiced based on UltraSystems Labor Rate Schedule.
TASK 7 – STAFF AUGMENTATION
UltraSystems will prepare the environmental findings that would include in the Resolution adopting
the Mitigated Negative Declaration, and assist with the environmental portion of the City staff report
to the Planning Commission/City Council.
UltraSystems will represent the City with respect to AB52 (Agency to Agency) consultation with the
Native American tribes that have requested consultation on this proposal project.
8.0 DELIVERABLES
Table 8.0-1 below lists of deliverables that will be provided by UltraSystems.
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Table 8.0-1
DELIVERABLES
TASK
# TASK NAME DELIVERABLES
1 Project Initiation Meeting Meeting notes distributed to City staff in a PDF file format
within two days following the meeting.
2 Data Collection and Review Data Needs List in Excel.
3 CEQA Adequacy Peer-Review of
Technical Studies
Separate Technical Adequacy Peer-Review Memorandum
technical studies distributed to City staff. Memorandum
provided in a PDF file format.
4
Technical Adequacy Peer-Review of
Initial Study/Mitigated Negative
Declaration
Technical Adequacy Peer-Review Memorandum distributed
to City staff in a PDF file format. Comments in the IS/MND
will also be provide in tracked changes, along with comment
bubbles.
5 Peer-Review of the Developers
Responses to Comments
Response to Public Comments document will be provide in
tracked changes, along with comment bubbles back to City
staff.
7 Staff Augmentation
UltraSystems will provide environmental findings for the
Resolution to adopt the IS/MND and provide the
environmental portion for the City’s staff report.
9.0 COSTS
The following table provides a cost summary of our proposed fees. A summary table of costs is
provided below, along with a detailed cost breakdown provided on with Table 9.0-3, herein.
Table 9.0-1
PROPOSED FEES – PEER REVIEW SERVICES
TASK # TASKS FEE ($)
1 Project Initiation, Work Program Refinement, and Project Management $4,000
2 Data Collection, Review and Evaluation $5,050
3 Peer Review of Technical Studies $12,490
4 Draft Initial Study – Review $9,550
5 Response to Public Comments and Mitigation Monitoring and Reporting
Program $2,330
6 Attend Public Meetings and Public Hearings $1,450
7 Staff Augmentation $5,690
TOTAL COST $40,560
Notes:
1. Fees were calculated using UltraSystems’ 2019 Standard Rate Schedule that is provided in Table 9.0-2 below.
2. Mileage associated with direct costs was calculated using the IRS rates of $0.58 cents per mile.
3. Fees include labor and direct costs (including mileage, and printing and mailing of reports and notices).
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Table 9.0-2
ULTRASYSTEMS STANDARD RATE SCHEDULE
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Table 9.0-3
COST TABLE – LABOR BREAKDOWN
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10.0 STAFFING CAPACITY
UltraSystems has sufficient staff resources and capability to perform the work contained within the
City RFP specified timeframe.
UltraSystems understands that the basic philosophy of keeping a project on track involves
maintaining individual project tasks and activities by allocating the appropriate resources and
professional staff members with the right technical knowledge and experience. UltraSystems will
have the most qualified and experienced personnel fully committed to this project. As noted
previously, all the personnel identified in this submittal are currently available and will be committed
to project for its duration.
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Appendices
APPENDIX A
KEY STAFF RESUMES
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Betsy A. Lindsay, MURP, ENV SP
Project Director
Corporate Office – Orange County Telephone: 949.788.4900
16431 Scientific Way Facsimile: 949.788.4901
Irvine, CA 92618-4355 Website: www.ultrasystems.com
PROFESSIONAL SUMMARY
Ms. Lindsay is the founder and chief executive of UltraSystems Environmental.
A building industry veteran, she has 35 years of experience in environmental
planning and permitting, preparing more than 400 environmental documents.
Her background includes managing over 20 on-call professional service
contracts for public agencies, which have included hundreds of projects. At
UltraSystems, her day-to-day responsibilities include business and project
management, contract administration, resource allocation, and quality
control. She is responsible for overall project management, the preparation
and processing of CEQA/NEPA documents, and associated entitlement
obligations for large-scale public and private infrastructure projects.
SELECT PROJECT EXPERIENCE
Bus Parking Expansion, Initial Study/Mitigated Negative Declaration
(IS/MND), Riverside County, CA
Ms. Lindsay was Principal-in-Charge of development of an IS/MND for a project
to acquire and develop a parcel adjoining the Riverside Transit Agency (RTA)
facility in the City of Riverside. This facility includes all of RTA’s administration,
operations, and maintenance activities, including fleet fueling and washing.
Approximately 200 employees are located at this location. This facility is at
capacity and is experiencing serious overcrowding due to inadequate bus and
employee parking and on-site vehicular traffic conflicts. The project site would
be improved with additional bus and employee parking spaces. The IS/MND
prepared for this project will be used by the Federal Transit Administration to
determine whether the project meets the requirements of a Categorical
Exclusion as provided in 23 CFR 771.117.
Initial Study/Mitigated Negative Declaration (IS/MND), Division 9
Transportation Building, Los Angeles, CA
Working with the Senior Project Manager, Ms. Lindsay negotiated each task
order and coordinated all project aspects to ensure services were delivered on
time and within budget. UltraSystems was hired by the Metropolitan Transit
Authority (Metro) to complete an Initial Study/MND involving the demolition
of the existing transportation building and sector office, to be replaced with a
three-story complex. The IS/MND served to determine whether the project
would have a significant effect on the environment; identify measures that
would mitigate project impacts, define the EIR’s scope; and determine
whether to rely on a previous EIR.
Initial Study/Mitigated Negative Declaration (IS/MND), La Pata Park,
San Clemente, CA
Ms. Lindsay served as Principal-In-Charge for this project, providing technical
review and direction to project staff members. She was responsible for all
contractual negotiations with the client, the City of San Clemente, and sub
consultant partners. The project involved plans by the City to develop a master
plan establishing land uses for a 53-acre City-owned site. UltraSystems
prepared an Initial Study/Mitigated Negative Declaration (IS/MND), in
compliance with CEQA, for proposed improvements to the Avenida La
Pata/Avenida Vista Hermosa Development site covering approximately 54 acres
in the city. UltraSystems prepared a Screencheck IS/MND, sans technical studies
(i.e., traffic study, noise, aesthetics, and air quality), to help the City of San
Years of Experience
35
Years with Firm
24
Education
• Graduate Program, Public
Policy and Administration,
California State University,
Long Beach, CA, 1992
• Graduate Program, Business
Administration, Pepperdine
University, Irvine, CA, 1991
• M.U.R.P., Master of Urban and
Regional Planning, California
State Polytechnic University,
Pomona, CA, 1989
• B.A., Geography, California
State University, Long Beach,
CA, 1978
Professional
Affiliations
• American Planning Association
• Urban Land Institute
• Association of Environmental
Professionals
• National Association of
Women Business Owners
• National Association for
Female Executives
Areas of Expertise
• CEQA
• NEPA
• Entitlement
• Energy
• Federal
• Institutional
• Infrastructure
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Clemente to secure Proposition 40 grant funding. The Screencheck IS/MND presented an assessment of the project's
potential environmental impacts, for use by the City, along with a description of how they intend to complete the CEQA
process within one year from the grant award announcement, to obtain funding. UltraSystems was approved to finalize
the IS/MND, which included overseeing the work of sub-consultants to complete the necessary technical studies, as
well as assisting the City of San Clemente with public noticing and processing of the IS/MND.
Initial Study/Mitigated Negative Declaration (IS/MND), Arlington Heights Sports Park (formerly
Riverside Youth Sports Complex), Riverside, CA
Ms. Lindsay was UltraSystems’ Principal-in-Charge for preparation of an IS/MND addressing development of this
public park. UltraSystems contributed to the analysis of the site’s agricultural resources, as the site had been used
as an orange grove. Planned facilities included lighted sports fields, eight soccer fields, three baseball fields, two
basketball courts, two playgrounds, a trail, central plaza, restrooms, concessions facility, picnic area, and on -site
parking. The sports park was proposed for an area transitioning from rural to more urban uses. Other issues including
traffic and public services; utilities were carefully analyzed to give the City the information necessary to plan for
future infrastructure improvements. The IS/MND also addressed the issues of light and glare, air quality, and noise,
important due to the proximity of adjacent homes.
Initial Study/Mitigated Negative Declaration (IS/MND), Arlington Heights Sports Park (formerly
Riverside Youth Sports Complex), Riverside, CA
Ms. Lindsay was UltraSystems’ Principal-in-Charge for preparation of an IS/MND addressing development of this
public park. UltraSystems contributed to the analysis of the site’s agricultural resources, as the site had been used
as an orange grove. Planned facilities included lighted sports fields, eight soccer fields, three baseball fields, two
basketball courts, two playgrounds, a trail, central plaza, restrooms, concessions facility, picnic area, and on -site
parking. The sports park was proposed for an area transitioning from rural to more urban uses. Other issues
including traffic and public services; utilities were carefully analyzed to give the City the information necessary to
plan for future infrastructure improvements. The IS/MND also addressed the issues of light and glare, air quality,
and noise, important due to the proximity of adjacent homes.
Avenida Columbo Storm Drain Extension, San Clemente, CA
A new, above-ground 24" High Density Polyethylene (HDPE) pipe will be connected to an existing 24" HDPE pipe.
The existing storm drain line is an underground 24" HDPE pipe that extends approximately 46 feet from the upstream
catch basin, at the end of the Avenida Columbo cul-de-sac, down the canyon slope, and outlets on the hillside into
an existing concrete outlet structure. UltraSystems was contracted by the City of San Clemente to write the IS/MND
for the project. UltraSystems’ role has been the preparation of all necessary environmental documentation in
accordance with CEQA and associated technical studies, including: Biological Assessment, Wetland Study, Air Quality
Technical Study, Greenhouse Gas Technical Study, Cultural Report, Geotechnical Plans and Noise Study. Ms. Lindsay
served as the Principal-in-Charge.
Mitigated Negative Declaration/Categorical Exclusion (MND/CE), City of Gardena Bus and Maintenance
Facility, Gardena, CA
As Principal-in-Charge, Ms. Lindsay oversaw UltraSystems’ work on this project for the City of Gardena
Transportation Department. The work involved construction of a 100-bus operations and maintenance facility of
10,000 to 15,000 square feet. The complex would house an administration building, vehicle maintenance building, a
bus-wash facility, a bus-fueling facility, and parking for the buses and 150 employees. The project occupied a 9.2-
acre site once used as a commercial strip mall. UltraSystems prepared an IS/MND in accordance with CEQA and
“Guidelines for Implementation of the California Environmental Quality Act,” for analyzing the direct, indirect, and
cumulative environmental effects associated with the proposed project. Preliminary consultation with the FTA
determined that the project met the criteria for a Class II Categorical Exclusion (CE).
Compliance Monitoring Services, Sunshine Canyon Landfill, Sylmar, CA
Ms. Lindsay serves as Principal in Charge for mitigation monitoring services at the Sunshine Canyon Landfill. The
UltraSystems team performs site visits to monitor over 400 conditions of approval and/or mitigation measures and
writes monthly and quarterly reports on the findings.
G.11.b
Packet Pg. 182 Attachment: UEI_Proposal_2019-04-25 (Professional Services Agreement - Environmental Peer Review)
Margaret Partridge, MURP, AICP, LEED GA, ENV SP
Senior Project Manager
Corporate Office – Orange County Telephone: 949.788.4900
16431 Scientific Way Facsimile: 949.788.4901
Irvine, CA 92618-4355 Website: www.ultrasystems.com
PROFESSIONAL SUMMARY
Ms. Partridge is a planner with over 14 years of experience in community
and environmental planning. Ms. Partridge has experience in both the public
and private sectors as a city planner and as an environmental planner for
residential, commercial, industrial, mixed-use, and specific plan projects.
Ms. Partridge’s areas of expertise include CEQA, EIRs, Initial Studies, MNDs,
and land use research. She is certified as a LEED Green Associate and is a
member of the American Institute of Certified Planners (AICP). Ms. Partridge
is trained in environmental analysis for a variety of project types and has
experience conducting current planning and permit work for local cities.
SELECT PROJECT EXPERIENCE
Serrano Woods Apartment Complex Initial Study/Mitigated Negative
Declaration (IS/MND), Orange, CA
Ms. Partridge co-authored an IS/MND for the Serrano Woods affordable
housing apartment complex. The project involved development of a 65-unit
affordable housing development in the City of Orange. The project required
a general plan amendment, zone change, tentative parcel map, and major
site plan review by the City Design Review Committee. As Environmental
Analyst/Assistant Project Manager for this project, Ms. Partridge conducted
a site visit and photographed the project site. Additionally, she conducted all
the background research and performed the environmental analysis. The
City of Orange Planning Commission recommended approval in February of
2011 and the project was approved by the City Council in March of 2011.
150 Newport Center, MND, IS and EIR, Newport Beach, CA
Ms. Partridge assisted with the preparation of the MND, and subsequently
the Initial Study and EIR sections for the 150 Newport Center project in the
City of Newport Beach. Additionally, Ms. Partridge conducted a site visit and
photographed surrounding land uses. The project would involve the
demolition of a car wash, convenience market, and gas station to
accommodate the development of a 7-story 49 unit residential
condominium building with three levels of subterranean parking. The Project
Applicant withdrew the application to the City in September 2016.
Solar Facility, IS/MND, Central CA
Ms. Partridge co-authored an Initial Study/Mitigated Negative Declaration
(IS/MND) for a confidential client. This proposed solar facility project would
be several hundred acres in size and is located in Central California. As an
Environmental Analyst for this project, Ms. Partridge conducted site-specific
research and wrote portions of the IS/MND.
Oak Flat Towers Project, IS/MND, Orange County, CA
Ms. Partridge co-authored an IS/MND for the development of a new radio
transmitting tower facility in the Santa Ana Mountains for radio station KBRT
AM 740. The new tower facility would replace the existing transmitting
facility located in Los Angeles County. As an Assistant Project Manager for
this project, Ms. Partridge coordinated with County staff and the Client
regarding the project and assisted in research. The project was unanimously
approved by the County of Orange Planning Commission in October 2011.
Years of Experience
14
Years with Firm
1
Education
• M.A., Urban and Regional
Planning, University of
California, Irvine (UCI), 2005
• B.A., Environmental Analysis
and Design, University of
California, Irvine (UCI), 2002
Professional
Certificates
• American Institute of
Certified Planners
• LEED Green Associate
Professional Affiliations
• American Institute of
Certified Planners (AICP)
• American Planning
Association (APA)
• Association of Environmental
Professionals (AEP)
• U.S. Green Building Council
(USGBC)
Areas of Expertise
• CEQA
• EIRs
• Initial
Studies
• Mixed-Use
• MNDs
• Land Use
• Research
• Aesthetics
• Permits
G.11.b
Packet Pg. 183 Attachment: UEI_Proposal_2019-04-25 (Professional Services Agreement - Environmental Peer Review)
Margaret Partridge
Page 2
Wardlow and Lamb Residential Projects, Mitigated Negative Declarations (MNDs), Huntington Beach, CA
Ms. Partridge co-authored the Mitigated Negative Declarations for these detached single-family residential
developments, proposed on former elementary school sites. The Wardlow project proposed the development of 49
homes and the Lamb Residential Project proposed 81 homes. Ms. Partridge attended the public scoping meetings
for both projects and coordinated with subconsultants and City staff members regarding the projects. These projects
were approved by the City of Huntington Beach City Council in November 2012.
Vernola Marketplace Apartments, MND, Jurupa Valley, CA
Ms. Partridge assisted with the preparation of the MND for the Vernola Marketplace Apartments in the City of Jurupa
Valley. The project proposed a General Plan amendment to re-designate property from Light Industrial to Highest
Density Residential and for a change of zone from Industrial Park to General Residential (C-3). The project also
involved a development agreement, specific plan amendment to remove portion of the Project site from Specific
Plan No. 266 (I-15 Corridor Specific Plan), and a site development permit to allow for development of 397 apartment
units. The Project was approved by the City of Jurupa Valley City Council in March 2015.
Village Activities Center Specific Plan, IS and ADEIR, Laguna Woods, CA
Ms. Partridge assisted with the preparation of the NOP, IS and ADEIR for the proposed Village Activities Center
Specific Plan (VACSP) project. The land use plan for the Specific Plan included the following five land use designations
located within 11 planning areas: Open Space/General, Community Center/Office, Open Space/Equestrian, Business
Park, and Open Space/Garden Center. The VACSP was developed to implement the goals and policies of the City of
Laguna Woods General Plan. The Specific Plan provided a site specific detailed description of development
regulations, standards and guidelines. The project as proposed was withdrawn by the applicant and the DEIR was
not released for public review.
Boat Central Dry Stack Boat Storage Facility, ADEIR, Marina Del Rey, CA
Ms. Partridge assisted in writing an ADEIR for a dry stack boat storage facility in Los Angeles County. The Project
proposed to demolish a 238 space temporary public parking lot, the Department of Beaches and Harbor’s trailer
complex, and the Sheriff’s Boatwright/Life Guard facility. The project would construct a 345-space dry stack boat
storage facility with an additional area for 30 mast-up storage spaces. This facility would extend 97 feet over the
water. The project was approved by the County of Los Angeles Department of Regional Planning Commission in April
2013.
Nichols Mine Project, EIR, Lake Elsinore, CA
Ms. Partridge assisted with drafting sections of the EIR for the Nichols Canyon Mine Project, comprised of
approximately 211 acres in the City of Lake Elsinore. The Project proposed expansion of the area permitted to be
mined by 24 acres; reduced the Mine’s permitted annual tonnage of exported materials from 4,000,000 tons per
year (tpy) to 856,560 tpy (inclusive of aggregate materials); and lengthen the hours of operation for mining,
processing, and export activities. The City of Lake Elsinore approved the Project in December 2016.
Nichols Canyon Mine, Mining and Reclamation Plan, Lake Elsinore, CA
This project involved the development of a mining and reclamation plan for an approximately 200-acre mining site
located in the northern part of the City of Lake Elsinore. The reclamation plan was designed to minimize impacts to
the surrounding community and the environment and to meet the City’s Surface Mining and Reclamation Ordinance.
Ms. Partridge coordinated with colleagues to write the mining and reclamation plan so that the client could secure
rights to mineral resources while doing so in a manner that complied with CEQA and was environmentally sound.
G.11.b
Packet Pg. 184 Attachment: UEI_Proposal_2019-04-25 (Professional Services Agreement - Environmental Peer Review)
Hina Gupta, MURP, LEED-AP
Deputy Project Manager
Corporate Office – Orange County Telephone: 949.788.4900
16431 Scientific Way Facsimile: 949.788.4901
Irvine, CA 92618-4355 Website: www.ultrasystems.com
PROFESSIONAL SUMMARY
Ms. Gupta is an urban planner with 12 years of experience in environmental
planning and regulatory permitting for a variety of projects including
infrastructure, transportation, renewable energy, commercial, residential,
mixed use and master planned development, and educational facilities. Her
areas of expertise include: Sustainable Land use, Aesthetics and Visual
Analysis, Socioeconomics and Community Impact Assessment, and Green
Building Design. Ms. Gupta is a LEED Accredited Professional and has
experience working with public agency staff at various city and county
departments within southern California.
SELECT PROJECT EXPERIENCE
Los Angeles Interoperable Communications System (LARICS) Project,
Los Angeles County, CA
The LARICS Joint Powers Authority in cooperation with the National
Telecommunication and Information Administration (NTIA) is building an
interoperable communications system in Los Angeles County. UltraSystems,
on behalf of the Authority and NTIA, prepared the Project-level IS-MND/EA-
FONSI to evaluate the environmental effects of constructing and operating
this system.
Ms. Gupta was responsible for preparing the Aesthetics and Visual Quality
technical report. Her responsibilities included coordinating the work with
different environmental team members, conducting related research for
baseline conditions and aesthetic impacts and preparing the Aesthetics and
Visual Quality section of the IS-MND/EA-FONSI. In addition, she helped
prepare outlines and templates for the environmental document and the
supporting technical reports, in accordance with the provisions of the
California Environmental Quality Act (CEQA), National Environmental Policy
Act (NEPA) and the Broadband Technology Opportunities Program
Environmental Assessment Guidance.
Judicial Assistance Grant Project, Los Angeles County, CA
The City of Los Angeles is planning to use the Recovery Act: Edward Byrne
Memorial Justice Assistance Grant (JAG) Formula Program-Local Solicitation
funds to provide upgrades to five existing communications facilities located in
the County of Los Angeles. UltraSystems on behalf of the City is preparing
Project-level IS-MND/EA-FONSI to evaluate the environmental effects of
constructing and operating the proposed upgrades.
Ms. Gupta was responsible for preparing the Aesthetics and Visual Quality
technical reports for this project. Her responsibilities included coordinating
the work with different environmental team members, conducting related
research for baseline conditions and aesthetic impacts and preparing the
Aesthetics and Visual Quality section of the IS-MND/EA-FONSI. In addition, she
helped prepare outlines and templates for the environmental document and
the supporting technical reports, in accordance with the provisions of the
California Environmental Quality Act (CEQA) and National Environmental
Policy Act (NEPA).
Years of Experience
12
Years with Firm
12
Education
• Master of Urban and
Regional Planning,
University of Southern
California, Los Angeles, CA,
2009
• B Arch, Chandigarh College
of Architecture, Chandigarh,
India, 2007
Professional
Certification
• LEED Accredited
Professional – BD+C
(Leadership in Energy and
Environmental Design
Areas of Expertise
• CEQA
• NEPA
• EIR/EIS
• IS/MND
• EA
• Land Use
• Mitigation
• Permits
• PES
• Relocation
Impacts
• GIS
• Specific
Plans
• General
Plans
• Socio-
economics
• Aesthetics
• Noticing
• Mixed-Use
• Technical
Studies
• Entitlements
G.11.b
Packet Pg. 185 Attachment: UEI_Proposal_2019-04-25 (Professional Services Agreement - Environmental Peer Review)
Hina Gupta
Page 2
Uptown Orange Residential Project, City of Orange, CA
Ms. Gupta is working with the Project Manager on the preparation of an Initial Study and Mitigated Negative
Declaration (MND) in compliance with the California Environmental Quality Act (CEQA) to evaluate the
environmental effects of constructing and operating a mixed use residential complex in the City of Orange, CA.
Ms. Gupta is analyzing the effects on population and housing, utilities and service systems, public services, and
recreation. She is also responsible for drafting various sections of the IS-MND including information on baseline
setting, environmental impact and mitigation.
San Fernando High School Teen Health Center Project, Los Angeles County, CA
Ms. Gupta is working with the Project Manager on the preparation of an Initial Study and Mitigated Negative
Declaration (MND) in compliance with the California Environmental Quality Act (CEQA) to evaluate the
environmental effects of constructing and operating a Teen Health Center within the San Fernando Valley High
School Campus, San Fernando, CA.
Above Ground Storage Tank Project - Cypress College, Cypress, CA
Ms. Gupta is working with the Project Manager on the preparation of an Initial Study and Mitigated Negative
Declaration (MND) in compliance with the California Environmental Quality Act (CEQA) to evaluate the
environmental effects of constructing and operating an Above Ground Storage Tank within the campus of Cypress
College in the City of Cypress, CA.
Guidance.
Jamboree Road Widening Project, Cities of Irvine and Newport Beach, CA
Ms. Gupta prepared sections of the draft Initial Study and Mitigated Negative Declaration (MND), the final MND
including response to comments received during the public review period and errata for the draft MND. She
prepared all notices for public review, a list of resource agencies as well as a database of all residences and businesses
within a 300 feet radius for document circulation. She also prepared a No Effect Determination in compliance with
the requirements of the California Department of Fish & Game.
Pico Park Master Plan Project, City of Pico Rivera, CA
Ms. Gupta worked with the Project Manager on the preparation of an Initial Study and Mitigated Negative
Declaration (MND) in compliance with the California Environmental Quality Act (CEQA) to evaluate the
environmental effects of demolition and renovation work at Pico Park. Her tasks included completing notifications,
preparing distributions lists and mailing packets for public review.
G.11.b
Packet Pg. 186 Attachment: UEI_Proposal_2019-04-25 (Professional Services Agreement - Environmental Peer Review)
Dr. Michael Rogozen, D.Env.
Senior Principal Engineer
Corporate Office – Orange County Telephone: 949.788.4900
16431 Scientific Way Facsimile: 949.788.4901
Irvine, CA 92618-4355 Website: www.ultrasystems.com
PROFESSIONAL SUMMARY
Dr. Rogozen, who heads UltraSystems’ air and noise practice, has 40 years of
experience in project management, health risk assessment, air and industrial
wastewater permitting, carbon footprint studies, ambient monitoring,
dispersion modeling, pollution control technology assessment, economic
analysis of air pollution control alternatives, air toxics emission inventory
development, offsite consequence analysis, environmental database design,
survey design and management, source test design and analysis, railroad
noise investigations, regulatory analysis, water resources studies, CEQA and
NEPA documentation, and technical writing and editing.
Dr. Rogozen is responsible for consulting, technical project management, and
business development. He has assisted industrial and governmental clients in
complying with federal and local air quality regulations. His work has included
managing air compliance audits, preparing applications for permits to
construct and operate (including Title V permits), annual emissions reports,
and responses to notices to comply and notices of violation. He has also
conducted many health risk assessments under AB2588, Proposition 65, and
SCAQMD Rule 1401. Dr. Rogozen serves as lead quality assurance officer for
UltraSystems’ submittals.
SELECT PROJECT EXPERIENCE
Greenhouse Gas Emission Inventory, Hollywood Target Store, Los
Angeles, CA
As support to an environmental impact assessment prepared by another
consultant, Dr. Rogozen constructed a comprehensive inventory of
greenhouse gas (GHG) emissions from a proposed commercial center
consisting of a Target store, restaurant and other commercial uses. The
inventory included both direct and indirect emissions. Projected GHG
emissions were compared with emissions as of the Notice of Preparation and
emissions under a “business as usual” (BAU) scenario in which none of the
GHG reduction measures under AB 32 and other California regulations and
programs would be implemented. Dr. Rogozen and his staff evaluated a large
number of emission reduction measures proposed by Target to estimate the
emission savings versus BAU.
Environmental Impact Report (EIR), Proposed Target Store, San
Clemente, CA
Dr. Rogozen headed the air, noise and greenhouse gas analyses for the EIR for
a proposed 142,000-square-foot Target retail store, recently approved by the
San Clemente City Council. He was a member of a six-person team of
UltraSystems technical specialists who assessed the project’s potential
impacts on the environment. The Draft EIR has identified project impacts such
as increased traffic, and impacts on biological resources, aesthetics, noise, air
quality, soils, and geology.
Peer Review of Anaheim Platinum Triangle SEIR Addendum
Dr. Rogozen was project manager for a peer review of an addendum to
Subsequent Environmental Impact Report (SEIR) No. 339 for the LTG Platinum Triangle mixed use development in
Anaheim, California. He managed a team of planners and scientists who evaluated the document to determine
whether the technical information presented was consistent with supporting technical studies, and to verify that the
document met the requirement under the CEQA statute and CEQA Guidelines for an addendum. He also conducted
Years of Experience
40
Years with Firm
11
Education
• D.Env., Environmental Science
and Engineering, University of
California, Los Angeles, CA,
1978
• M.S., Systems Engineering,
University of California, Los
Angeles, CA, 1968
• B.S., Engineering, University of
California, Los Angeles, CA,
1966
Areas of Expertise
• CEQA
• NEPA
• EIR/EIS
• IS/MND
• EA
• QA/QC
• Air
Permitting
• Dispersion
Modeling
• Cost-
Benefit
Analysis
• Transit
• SCAQMD
• Economic
Analysis
• Survey
Design
• Noise
Analysis
• CAAP
• GHG
• Sound-walls
• Sensitive
Receptors
• Mitigation
• Compliance
• Toxic
Emissions
• Database
Design
• Health &
Safety Plan
• Technical
Editing
• Noise Control
Plan
• HRA
G.11.b
Packet Pg. 187 Attachment: UEI_Proposal_2019-04-25 (Professional Services Agreement - Environmental Peer Review)
Dr. Michael Rogozen
Page 2
a technical peer review of the air, greenhouse gas emissions, and noise analyses. UltraSystems recommended
improvements to the addendum, which were implemented.
University Business Park Specific Plan EIR, San Marcos, CA
Dr. Rogozen was task manager for the air and noise analyses for this residential and commercial development.
Construction impacts on existing residential areas were of particular concern, since blasting and on-site rock crushing
will be required. Dr. Rogozen determined the maximum amounts of rock that could be processed per day without
exceeding San Diego Air Pollution Control District thresholds for significance. For the construction noise analysis,
Dr. Rogozen reviewed five studies of rock crushing operations in the San Marcos area and determined a 95th-
percentile sound exposure level for use in the present project. He then used the Federal Highway Administration’s
Roadway Construction Noise Model (RCNM) to determine the distance from existing residences at which the San
Diego County construction noise limit of 75 dBA (for eight hours) would be exceeded under worst-case conditions.
This analysis assumed that blasting and rock crushing would occur during an eight-hour workday, simultaneously
with grading operations. Dr. Rogozen also analyzed the impacts of vibrations due to the blasting activity.
Redlands Commons/Trojan Groves Multi-Use Developments, Redlands, CA
The City of Redlands retained UltraSystems to prepare an Environmental Impact Report (EIR) to assess a proposed
project consisting of retail, office and single-family residential, and identified as the “Redlands Commons.” The
proposed retail center will be comprised of 85,500 square feet; the office component will comprise 20,000 square
feet, and there will be 205 single-family residential homes. The entire development will encompass 37.24 acres of
land, located on the north side of San Bernardino Avenue, one-half mile east of the 210 Freeway (formerly State
Route 30), west of Texas Street, and south of Pioneer Avenue in the City of Redlands. Additionally, the project will
include the four vacant parcels (Trojan Groves) located directly to the west of this project site. Those properties
include approximately 32 acres. Dr. Rogozen prepared the Hydrology and Water Quality section and conducted a
localized significance analysis for the Air Quality section, including dispersion modeling.
Peer Review of Noise Section of Environmental Impact Report, Home Depot Facility, Fontana, CA
Dr. Rogozen conducted an independent review of the noise impacts section of the environmental impact report for
a new Home Depot facility in Fontana, CA. He obtained data on noise emissions characteristics of onsite equipment
(forklifts, sweepers, truck idling, etc.) and developed noise contours near existing residential areas. He later testified
on the analysis before the Fontana City Council.
G.11.b
Packet Pg. 188 Attachment: UEI_Proposal_2019-04-25 (Professional Services Agreement - Environmental Peer Review)
Dan Herlihy, MS, CEG, PG, CHG
Senior Technical Advisor
Corporate Office – Orange County Telephone: 949.788.4900
16431 Scientific Way Facsimile: 949.788.4901
Irvine, CA 92618-4355 Website: www.ultrasystems.com
PROFESSIONAL SUMMARY
Mr. Herlihy has more than 35 years of Hazardous Materials Management
experience with knowledge and senior-level qualifications to evaluate
hazardous materials and other wastes in accordance with applicable
regulations for solar projects, brownfields, contaminated properties, and
railway, freeway and bridge right-of-way projects. These include
assessments of: (1) aerially deposited lead (ADL), (2) oversight of asbestos
containing material (ACM), lead-based paint (LBP) and polychlorinated
biphenyl (PCB) sampling/abatement, (3) hazardous materials and wastes
storage, transportation and disposal, and (4) Spill Prevention control and
Countermeasures (SPCC) Plans. Mr. Herlihy has completed the forty-hour
Hazardous Waste Operation and Emergency Response (HAZWOPER) training
and annual certification refreshers.
SELECT PROJECT EXPERIENCE
Initial Site Assessment for Bridge Realignment, Glen Helen Parkway,
San Bernardino County, CA
Mr. Herlihy conducted a Phase I Environmental Assessment for the Glen
Helen Parkway and bridge realignment in the vicinity of the BNSF Railroad
tracks and Cajon Creek Wash. The assessment was performed in
conformance with industry‐accepted practices, American Society of Testing
Materials (ASTM) Designation E1527‐05, and the EPA All Appropriate Inquiry
(AAI) Rule (40 CFR 312).
Spill Prevention Control and Countermeasure Plan, Pine Tree Wind
Farm and ISEC South, CA
Mr. Herlihy prepared Spill Control and Countermeasures (SPCC) Plans to
satisfy federal and California requirements for petroleum and oil storage at
the Pine Tree Wind Project and the ISEC South Project, which described the
equipment, workforce, procedures and steps to prevent, control and provide
adequate countermeasures for petroleum and oil that were stored on site,
and that could be discharged to navigable waters. These projects used or
stored diesel fuel, gasoline, oil and lubricants for the operation, maintenance
and fueling of vehicles, heavy equipment and construction equipment to
construct roads, foundations, and facility structures. The SPCC Plan included
provisions for: (1) spill kits with absorbent booms to divert or contain spill
material, (2) the availability of on-site bulldozers and excavators to localize
and contain larger discharges, (3) availability of trained facility personnel to
contain spills, and (4) management of cleanup activities through the
Emergency Coordinator or Alternate Emergency Coordinator. A firm
specializing in emergency response was placed under contract to respond to
and cleanup major spills.
Storm Water Pollution Prevention Plan (SWPPP), Gerald Desmond
Bridge Replacement Project, Port of Long Beach, CA
Mr. Herlihy prepared the Storm Water Pollution Prevention Plan (SWPPP) for
potholing and exploratory drilling as part of the design/build project to
comply with California’s General Permit for Storm Water Discharges
Associated with Construction Activity (Construction General Permit). The
SWPPP LUP satisfied the following seven major objectives: (1) identified
practices to protect water quality for harbors within the port of Long Beach,
(2) determine the risk to water and sediment quality, (3) identified potential
Years of Experience
35
Years with Firm
16
Education
• Hydrogeologic Studies under
National Science Foundation
Traineeship, Spears and
Belford Fellowships,
University of Wyoming, 1977
• M.S., Geology, University of
New Hampshire, 1975
• B.S., Geology (Cum Laude),
Long Island University-
Southampton College, 1973
Professional
Registrations
• Professional Geologist (PG
#4388), CA
• Certified Engineering
Geologist (CEG #1378), CA
• Certified Hydrogeologist
(CHG #107), CA
• Qualified SWPPP
Practitioner/Developer
(QSP/QSD #No. 23577)
• OSHA HAZWOPER 40-Hour
Training (29 CFR 1910.120)
Areas of Expertise
• CEQA
• NEPA
• CERCLA
• RCRA
• ISA
• Phase I&II
• PEA
• Geohazards
G.11.b
Packet Pg. 189 Attachment: UEI_Proposal_2019-04-25 (Professional Services Agreement - Environmental Peer Review)
Dan Herlihy
Page 2
pollutants and their sources, (4) identified non-storm water discharges to be eliminated, controlled, or treated,
(5) identified Best Management Practices (BMPs) to reduce or eliminate pollutants in storm water discharges, and
authorized non-storm water discharges, (6) identified and assigned maintenance responsibilities for post-
construction BMPs to reduce or eliminate pollutants after potholing and exploratory drilling, and (7) demonstrated
compliance with the Construction General Permit.
Bridge Construction Soil Management Plan (SMP), New River Bridge, Imperial County, CA
Mr. Herlihy prepared a sampling and management plan (SMP) to establish procedures for sampling, remediation
and management of saturated soils impacted by infectious biological pathogens from sewage waste in the vicinity
of the proposed New River Bridge, where approximately 4,440 cubic meters of saturated soil along the New River
banks and saturate soil from pilings drilled for bridge supports were excavated during the summer months. The
plan allowed for the successful on‐site remediation and reuse of impacted soil.
Baldwin Hills, 4203 South La Brea Avenue, Los Angeles, CA
Mr. Herlihy supervised friable and non‐friable asbestos‐containing material (ACM) and lead‐based paint (LBP)
surveys for buildings to be demolished in the Baldwin Hills area of Los Angeles County, CA. ACM sampling was
conducted in accordance with the Asbestos Hazard Emergency Response Act (AHERA), National Emissions
Standard for Hazardous Air Pollutants (NESHAP), South Coast Air Quality Management District (SCAQMD) and
California Occupational Safety and Health Administration (Cal‐OSHA) guidelines and requirements. LBP samples
were analyzed using x‐ray fluorescence (XRF). ACM and LBP samples were collected from accessible building
materials. A report documenting the findings was prepared describing appropriate abatement protocols.
Contaminated Materials Management Plan, Port of Long Beach, CA
Mr. Herlihy prepared a Contaminated Materials Management Plan (CMMP) for the handling, removal,
transportation and disposal of contaminated materials and hazardous waste generated from soil excavation, lead
and asbestos abatement, spills, building demolition and other sources as part of the Gerald Desmond Bridge (GDB)
Replacement Project. According to the plan soils will be excavated during pre‐construction exploratory activities,
and during construction for the installation of roads, pile caps, retaining walls, pile‐shafts and other structures
were segregated to avoid mixing of spoils with contaminant concentrations above Port of Long Beach (POLB) Soil
Surplus‐material Reuse Requirements (SSRRs) with other soils. Mr. Herlihy included provisions to evaluate the
feasibility and cost of on‐site thermal treatment, and soil vapor extraction (SVE) and landfarming of spoil stockpiles
contaminated with volatile organic compounds (VOCs), polynuclear aromatic compounds (PAHs) and total
petroleum hydrocarbons (TPH) at concentrations that exceed SSRRs to reduce these contaminants to levels
acceptable for reuse.
Water Resource Study, Municipal Water Supply, Yucaipa, CA
Mr. Herlihy conducted a water resource study to determine the proportion of groundwater in the Yucaipa basin
that could be impacted by previous releases of petroleum hydrocarbons. The Yucaipa Valley Water District (YVWD)
obtains most of its municipal water supply from groundwater sources within older alluvium deposits in the Yucaipa
Basin. Concerns were raised about the impact on groundwater in the vicinity of service stations of known gasoline
releases, and the proportion of the YVWD that could be potentially impacted. The investigation found that local
groundwater flow throughout the basin was controlled by faulting, which separated the Yucaipa Basin into several
sub-basins. Impermeable boundaries along faults served to minimize migration of contaminants and degradation
of the groundwater supply.
Audit of Storm Water Pollution Prevention Program, San Diego, CA
Mr. Herlihy audited Storm Water Pollution Prevention Programs (SWPPPs) for existing and new construction
projects managed by the San Diego County Water Authority (SDCWA). The purpose was to improve and
standardize Storm Water Pollution Prevention Plan (SWPPP) documentation and implementation for existing and
future construction projects under the agency’s jurisdiction. The activities included: (1) development of Standard
Specifications for Best Management Practices (BMPs) and Strom Water Pollution Prevention Plans (SWPPPs) for all
SDCWA construction activity, (2) auditing existing SWPPPs and field implementation, (3) inspecting existing
projects to determine if the selected BMPs are functional, and (4) reviewing future projects to ensure that the
SWPPPs include all essential elements.
G.11.b
Packet Pg. 190 Attachment: UEI_Proposal_2019-04-25 (Professional Services Agreement - Environmental Peer Review)
Steven O’Neil, MS, RPA
Cultural Resources Manager
Corporate Office – Orange County Telephone: 949.788.4900
16431 Scientific Way Facsimile: 949.788.4901
Irvine, CA 92618-4355 Website: www.ultrasystems.com
PROFESSIONAL SUMMARY
Mr. O'Neil has over 38 years of experience as a cultural resource specialist in
California. He has researched and written on archaeology, ethnography, and
history throughout California. Mr. O'Neil has archaeological experience in
excavation, survey, monitoring, and lab work. Most of this has been on
Native American prehistoric sites, but also includes Spanish, Mexican, and
American period adobe sites. His project management experience includes
private, municipal, county, state and federal survey, excavation and
monitoring projects. He has range of expertise in Phase I & II Cultural
Resource Inventories, and archaeological, historical and paleontological
survey assessments, and cultural background studies for various EIR projects.
Mr. O'Neil has worked for cultural resource management firms as well as
government agencies and Native American entities. He has prepared
technical reports as well as published journal articles.
SELECT PROJECT EXPERIENCE
Cameron Ranch Residential Development Project, Riverside County,
CA
Mr. O’Neil is the director of cultural resources studies for the Cameron
Ranch Residential Development Project located in the northern foothills of
the San Jacinto Mountains, above the City of Banning. He directed
UltraSystems’ archaeologists on the cultural resources field survey. He
conducted the CHRIS records search and Native American outreach, and
prepared the subsequent Phase I technical report. He coordinated the
paleontological field survey and subsequent technical report. Client: Kojima
Development Corporation.
Identification and Evaluation of Historic Properties, ADA Wheelchair
Access Ramp Improvement Project, City of Lake Forest, Orange County
Mr. O’Neil directed and conducted archaeological field survey, cultural
resource records search, Native American contacts and report writing for
this project. This residential area required wheelchair access ramps on every
corner in in the neighborhood. An assessment of possible cultural resources
that may be affected by the construction was made for the City of Lake
Forest. Mr. O’Neil directed research into historic and prehistoric
background, and prepared the final assessment of potential impacts.
Cultural Resources Survey, Ortega Highway Residential Project,
Orange County, CA
On behalf of the U.S. Forest Service, Mr. O’Neil served as Crew Chief of
Survey for prehistoric, historic and paleontological; material on private and
public lands, conducted interviews, prepared subsequent report. The
project entailed plans for a housing development in the Santa Ana
Mountains on private land within the Cleveland National Forest and a
proposed swap of private and federal forest lands. A Phase I cultural
resources survey was conducted on both the private and Forest Service lands
potentially included in the swap.
Inglewood Corridor Widening Project, City of Lawndale, Los Angeles
County, CA
Mr. O’Neil directed and conducted an archaeological field survey, cultural resource records search, Native
American contacts and report writing for this project. The City of Lawndale is widening Inglewood Avenue from
Years of Experience
38
Years with Firm
9
Education
• M.A., Anthropology, California
State University, Fullerton, CA,
2002
• B.A., Anthropology, California
State University, Long Beach, CA,
1979
Professional
Registrations
• Register of Professional
Archaeologists (No. 16104)
• Riverside County, CA, Cultural
Resource Consultant (No. 259)
• Cultural Resource Field Director,
BLM, Permit (CA-15-10) CA,
2015
• Contractor Safety Orientation,
Burlington Northern and Santa
Fe Railroad 2014, BNSF-US-CA-
0814-02153
Professional Affiliations
• Orange County Natural History
Museum; Board Member
• Pacific Coast Archaeological
Society; Past President
• Society of CA Archaeology
Areas of Expertise
• CEQA
• NEPA
• Phase I/II
• Federal
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Steven O’Neil
Page 2
Marine Avenue north. A portion of the project uses Caltrans funds and the cultural resources report was prepared
in Caltrans format. A separate historic property survey report was prepared as well.
Cultural Resource Evaluation, Union Station, City of Los Angeles, Los Angeles County, CA
UltraSystems was contacted by Berg & Associates regarding the MetroLink Reconstruction Project at Los Angeles
Union Station to provide evaluation of faunal material discovery in a tunnel trench at the project site. The project
involved the building of a new passenger platform, three loading tracks, and connecting platform access tunnel to
the main passenger tunnel of Union Station. The project increased the length of the passenger access tunnel to be
brought up to American Disabilities Act regulation. The faunal bone was located at 130 cm below the current
railroad track and determined to be the metatarsal of a young domesticated cow. A site survey was conducted to
determine the presence of other historic cultural resources after the initial faunal finding. Further excavation of
the site found no more faunal bones or any other archeological artifacts. A final technical report was prepared
documenting monitoring and an analysis of findings.
NEPA/CEQA Documentation, Los Angeles Regional Interoperable Communications System/Long Term
Evolution, Los Angeles County, CA
UltraSystems’ team prepared technical studies and NEPA and CEQA documentation toward the construction of LA-
RICS/LTE, an $800-million emergency communications system that will provide a highly coordinated emergency
communications system to all first-responders to natural and man-made disasters throughout Los Angeles County.
Mr. O’Neil was the cultural and historical resources studies team leader, directing 13 archaeologists, architectural
historians, paleontologists and technical writers. These studies include coordination of field visits to more than
260 locations for archaeologists and architectural historians with agency escorts to observe and record any on-site
prehistoric and historic features, performing records and literature searches at information centers and local
archives, contacting local agencies for historically listed structures and districts, coordinate public notices of the
project throughout Los Angeles County, consultation with the Native American Heritage Commission and local
tribal organizations, and direct consultation with the California State Historic Preservation Officer (SHPO). This
information was compiled by Mr. O’Neil and used to prepare FCC 620/621 historical resource forms which were
submitted to the SHPO for review.
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Packet Pg. 192 Attachment: UEI_Proposal_2019-04-25 (Professional Services Agreement - Environmental Peer Review)
Michelle Tollett, BA
Senior Biologist
Corporate Office – Orange County Telephone: 949.788.4900
16431 Scientific Way Facsimile: 949.788.4901
Irvine, CA 92618-4355 Website: www.ultrasystems.com
PROFESSIONAL SUMMARY
Ms. Tollett is a biological resources scientist and regulatory specialist with
18 years of environmental consulting experience within the public and private
sectors of central and southern California. She is the chief Sr. Biologist and
Project Manager at UltraSystems Environmental in Irvine, California. Her
responsibilities include biological constraints surveys, reconnaissance field
surveys, wetland delineations, CRAM assessments, and focused special-status
species surveys. She manages a variety of environmental compliance
management responsibilities, from planning to post-construction phases of
projects. Ms. Tollett has experience conducting and supervising habitat
mitigation monitoring projects ranging from simple to complex within
riparian, wetland, coastal sage scrub, chaparral, desert, and other sensitive
habitat areas throughout southern California and the northern Rocky
Mountains.
Specifically, Ms. Tollett understands the regulatory framework necessary for
the preparation of biological technical reports and environmental documents
for compliance with CEQA, NEPA, CESA, ESA, invasive species control
measures, mitigation monitoring and planning, construction monitoring and
post-construction restoration and reporting. Prior to her biological consulting
experience, she specialized in storm water and hazardous materials
management, as well as environmental training and education. Ms. Tollett’s
industry experience includes oil and gas transmission lines, energy
transmission lines, wind and solar renewable energy, private development,
transportation, flood control, military base, mineral mining, and conservation-
oriented projects.
SELECT PROJECT EXPERIENCE
Dogwood Road Bridge Improvement Project, Imperial County, CA
Ms. Tollett supervised and participated in several surveys for this bridge
replacement project located over the Central Main Canal near the intersection
of Dogwood Road and Willoughby Road in Imperial County, California. The
project included an Initial Study Mitigated Negative Declaration (IS/MND) to
adopt measures to avoid or reduce potential environmental impacts to less
than significant levels. Also completed was a biological resources survey,
jurisdictional delineation of Waters of the United States (WOTUS) and Waters
of the State (WOS), Habitat Mitigation and Monitoring Program (HMMP), and
focused burrowing owl (BUOW) surveys because the bridge is located within
BUOW habitat.
Irvine Unified School District Planning Area 5B Elementary School Project,
Orange County, CA
Ms. Tollett directed the literature review, reconnaissance-level surveys, and
preparation of the Initial Study Mitigated Negative Declaration Biological
Resources Section for this school improvement project.
Long Beach Unified School District Educare Facility Project, Los Angeles
County, CA
Ms. Tollett directed the literature review, reconnaissance-level surveys, and
preparation of the Initial Study Mitigated Negative Declaration Biological
Resources Section for this school improvement project.
Years of Experience
18
Years with Firm
8
Education
• B.A., Botany and
Environmental Science,
University of Montana,
Missoula, MT, 2000
Professional
Affiliations
• Certified Arborist (WE-12103-
A)
• CRAM Vernal Pools (2017).
• CRAM Instructor-in-Training
(2017).
• Certified Caulerpa taxifolia
Surveyor, NMFS (2013/2014).
• Southwestern Willow
Flycatcher (2013).
• Western Pond Turtle
Workshop, Elkhorn Slough
Coastal Training (2012).
• Sea and Sage Audubon Society,
Advanced Bird Identification
Courses (2012).
• CDFW Flat-tailed Horned Lizard
Training (2012).
• California Rapid Assessment
Method (CRAM) (2012, 2017).
• CDFW Scientific Collection
Permit, SCP#8526.
• Wetland Regional Field
Training, Wetland Training
Institute, Certificate (2011).
• The Desert Tortoise Council,
Workshop (2011).
• 24-hour HazComm Hazardous
Materials Training (2004).
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Packet Pg. 193 Attachment: UEI_Proposal_2019-04-25 (Professional Services Agreement - Environmental Peer Review)
Michelle Tollett
Page 2
Venice High School Comprehensive Modernization Project, Los Angeles County, CA
Ms. Tollett directed the literature review, reconnaissance-level surveys, and preparation of the Initial Study
Mitigated Negative Declaration Biological Resources Section for this school improvement project.
North Hollywood High School Comprehensive Modernization Project, Los Angeles County, CA
Ms. Tollett directed the literature review, reconnaissance-level surveys, and preparation of the Initial Study
Mitigated Negative Declaration Biological Resources Section for this school improvement project.
Ulysses S. Grant Senior High School Comprehensive Modernization Project, Los Angeles County, CA
Ms. Tollett directed the literature review, reconnaissance-level surveys, and preparation of the Initial Study
Mitigated Negative Declaration Biological Resources Section for this school improvement project.
Murrieta Senior Living Facility, Murrieta, CA
Ms. Tollett supervised the peer review of a jurisdictional and a biological technical report for preparation of an Initial
Study/Mitigated Negative Declaration. Ms. Tollett supervised additional research to complement the information
provided regarding jurisdictional waterway connectivity and Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) requirements for defensibility of the final environmental document.
Los Angeles County Sheriff’s Department Emergency Vehicle Operation Center (EVOC) and Role-Play Training
Facility, Pitchess Detention Center, Castaic, Los Angeles County, CA
Ms. Tollett supervised field studies for preparation of several technical reports including a biological resources
evaluation, jurisdictional delineation, focused burrowing owl surveys (breeding and non-breeding season), and rare
plant survey. The technical studies were prepared to support the findings within the subsequent Initial
Study/Mitigated Negative Declaration for an Emergency Vehicle Operating Center for the Los Angeles County
Sheriff’s driver training track, skid pad, motorcycle training area, and a role play training center for emergency
vehicles.
Initial Study/Mitigated Negative Declaration, San Timoteo Storm Drain, Moreno Valley, CA
Ms. Tollett supervised the biological surveys, including reconnaissance-level habitat assessment, focused burrowing
owl surveys, jurisdictional delineation, and preparation of an IS/MND for the City of Moreno Valley to assess and
mitigate significant environmental impacts associated with the construction a 0.53-mile long underground storm
drain system in the San Timoteo Foothill Neighborhood. The new storm drain system protected approximately 100
to 150 residents in 23 homes from repetitive flooding.
Huntington Beach Bridge Preventive Maintenance Project, Orange County, CA
Ms. Tollett was the biological resources supervisor for three bridge repair and maintenance projects for the City of
Huntington Beach within three ecological preserves consisting of coastal salt marsh, coastal sage scrub habitats, and
eelgrass beds within tidal waters. She led the preparation of the Preliminary Environmental Study (PES), Natural
Environment Study (NES), Essential Fish Habitat Assessment (EFH Assessment), Wetland Delineation, Initial
Study/Mitigated Negative Declaration (IS/MND), Coastal Development Permit (CDP), USFWS Section 7 Consultation,
CDFW 2081 Consultation, and Caulerpa /Eelgrass Surveys. Regulatory permitting included issuance of a Section 404
Dredge and Fill permit, Section 401 Water Quality Certification, Rivers and Harbors Act Sections 9 and 10
authorizations, Section 1602 Lake and Streambed Alteration Agreement, Coastal Development Permit, and USFWS
Section 7 Concurrence, and CESA 2081 Consistency Analysis within habitats known to support listed species, such as
the Belding’s savannah sparrow (Passerculus sandwichensis beldingi), coastal California gnatcatcher (Polioptila
californica) and Least Tern (Sternula antillarum). Ms. Tollett was also lead liaison between the client and resource
agencies and advised on avoidance and minimization measures for potential impacts to Primary Constituent
Elements within designated critical habitat for the western snowy plover (Charadrius nivosus nivosus).
Mitigation Monitoring and Reporting, Alton Parkway Extension Project, Irvine, CA
Ms. Tollett helped implement the requirements of environmental planning documents and agency-approved
permits. These included the Alton Parkway EIS/EIR, FWS Section 7 Conservation Permit, CDFW 1600 SAA, USACE
404 Permit, and a RWQCB 401 Certification. Ms. Tollett supervised a crew of five rotating staff members, trained to
monitor and consult with the client, through review of environmental documents and submittal of monitoring
reports on a regular basis. The team conducted surveys of nesting birds and sensitive wildlife, both prior to and
during construction. Ms. Tollett also prepared and presented a Worker Environmental Education and Awareness
Program (WEAP) and a Mitigation Monitoring and Reporting Program (MMRP).
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Packet Pg. 194 Attachment: UEI_Proposal_2019-04-25 (Professional Services Agreement - Environmental Peer Review)
Consultant List
RFP Peer Review - CUP 19-01
Firm Name Address
Dudek & Assoc 3544 University Avenue, Riverside, CA 92507
MIG 1500 Iowa Avenue, Suite 110 Riverside, CA 92507
Michael Baker International 3536 Concours St. Ontario, CA 91764
T&B Planning 17542 East 17th Street, Ste 100 Tustin, CA 92780
McKenna Lanier 30520 Rancho California Rd Suite 107 Temecula, CA 92590
The Altum Group 73-710 Fred Waring Drive #219, Palm Desert, CA 92260
Other Consultants that responded to RFP
UltraSystems Environmental, Inc.16431 Scientific Way, Irvine, CA 92618
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Packet Pg. 195 Attachment: Consultant List - Peer Review CUP 19-01 (Professional Services Agreement - Environmental
AGENDA REPORT
MEETING DATE: May 14, 2019 Council Item
TITLE: Professional Service Agreements for on Call Planning and
Environmental Services Between the City of Grand Terrace
and Moore, Iacofano, Goltsman, Inc., and Mike Baker
International
PRESENTED BY: Sandra Molina, Planning & Development Services Director
RECOMMENDATION: 1. Approve Professional Services Agreements Between
the City of Grand Terrace and Moore Iacofano Goltsman,
Inc., and Michael Baker International (each with 3 year
terms), subject to the City Manager’s approval/negotiation
and the City Attorney’s approval as to form; and
2. Authorize the City Manager to Execute the
Agreements, subject to the City Manager’s
approval/negotiation and the City Attorney’s approval as to
form.
2030 VISION STATEMENT:
This staff report supports Goal #3, Promote Economic Development, specifically
Strategy 3.3 to ensure adequate and creative staffing solutions to facilitate the
entitlement process for new development; and Implementation Strategy 3.3 to ensure
adequate and creative staffing solutions to facilitate the entitlement process for new
development.
BACKGROUND:
Contracting with consulting firms to provide on -call planning and environmental services
provides the City the ability to have process development applications more efficiently
than in-house staff given the realities of the City’s staffing resources. When applications
for development are submitted, City Staff will evaluate the project proposals and
evaluate staffing resources and based on the evaluation assign the project to the on -call
consultant.
The consultant would handle all aspects of the work, including reviewing for application
completeness, attending development review meetings, working directly with the
applicant on plan revisions, preparing all notices and staff reports, and presenting at
public hearings. Prior to initiating the work, a project overview meeting would be
conducted by Staff and the consultant.
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For projects that would require the preparation of an environmental initial study or
environmental impact report, staff would first obtain a cost proposal, which would need
to be accepted prior to work commencing. In accordance, with the City’s fee resolution,
the developer would pay the consultant fees through a deposit-based system.
DISCUSSION:
On April 5, 2019, the City sent out a Request for Qualifications (RFQ) to five (5)
consulting firms experienced in planning and environmental services. The RFQ
included the scope of work that the consultant would be requ ired to provide. A copy of
the scope of work is attached.
Staff received responses from all five (5) consulting firms. The responses were
reviewed and rated by Staff. Three (3) firms provide both planning and environmental
services, with the other two (2) firms primarily providing environmental services.
Considering staffing needs, Staff is recommending that the City Council enter into three -
year contract services with the firms that provide both planning and environmental
services. These three (3) firms have provided these services to other cities and have
also provided staff augmentation services. The three (3) firms are Moore Iacofano
Goltsman, Inc. (MIG), Michael Baker International (MBI) and McKenna Lanier Group,
Inc. However, McKenna Lanier Group contacted City Staff and withdrew their proposal.
Staff now recommends agreements with MIG and MBI.
FISCAL IMPACT:
There is no fiscal impact related to establishing the on-call planning and environmental
services list. The costs associated with providing development services is borne by the
developer. In the event Staff proposes to use either of these firms for City -projects, Staff
will bring the proposal to the Council for authorization.
ATTACHMENTS:
• RFQ- Planning & Environmental Services April 2019 (PDF)
• MIG On-Call Planning and Environmental Services Proposal-FINAL_04.22.19
(PDF)
• GT_ MIG On Call Services Agreement (DOCX)
• Michael Baker Intl City of Grand Terrace SOQ_Plng Srvc and Env Review Srvc - 4-
22-2019(FINAL) (PDF)
• GT_ Michael Baker On Call Services Agreement (DOCX)
• 2019 Consultants for Planning and Environmental Services RFP(PDF)
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APPROVALS:
Sandra Molina Completed 05/06/2019 3:47 PM
City Attorney Completed 05/08/2019 12:45 PM
Finance Completed 05/08/2019 3:35 PM
City Manager Completed 05/08/2019 4:02 PM
City Council Pending 05/14/2019 6:00 PM
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Request for Qualifications
to
Establish On-Call Lists for Planning Services and
Environmental Review Services
Issued: April 5, 2019
Responses Due: April 22, 2019, by 2:00 p.m. (PDT)
RFP Contact:
Sandra Molina
Planning and Development Services Director
City of Grand Terrace
(909) 824-6621 x225
smolina@grandterrace-ca.gov
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Page 1 of 5
Request for Qualifications
Establish On-Call Lists for Planning and Environmental Review Services
Introduction
The City of Grand Terrace Planning and Development Services Department is responsible for
providing planning, economic development, zoning, code enforcement, animal control and
development services. The Department advises, administers and implements policies established
by the Planning Commission and the City Council on matters concerning the orderly growth, and
physical and economic development of the City. The Department processes development cases
and responds to numerous counter and phone inquiries, issues environmental clearances,
monitors and evaluates project entitlement conditions, is responsible for implementation and
updating the City’s General Plan, Zoning Code and Specific Plans, processing of zoning and sign
code enforcement cases, participation in San Bernardino Association of Governments
(SANBAG), comprehensive transportation plan development and participation in the
Greenhouse Gas Reduction Plan.
Background
Grand Terrace is located approximately 60-miles from Los Angeles in the County of San
Bernardino. The City is situated off the I-215 freeway, between the I-10 and the 60 freeways,
encompassing an area of approximately 3.6 square miles. The City has a current population of
12,285. The City was incorporated in 1978 as a general law city, operating under a council/city
manager form of government. The City is comprised of four Council Members (with one seat
currently vacant), elected at large for four-year terms. The Mayor is directly elected for a four-
year term. The City Council appoints the City Manager and City Attorney. The City’s fiscal year
begins on July 1 and ends on June 30.
Scope of Service
From time to time the Planning Division requires additional professional services, environmental
review services and technical expertise either acting as an extension of the City staff for project
management or as an independent technical consultant. The City is issuing this request for
qualifications (RFQ) to identify the consultant(s) who has extensive experiences working with
public entities to provide planning services and environmental review services and to streamline
the Consultant selection process for the provision of these services.
A. Creation of a Planning Services-On-Call Consultant List and Environmental Review
Services On-Call Consultant List:
Statements of Qualifications (SOQ) are to be submitted by consultant in response to the
RFQ. Only firms which respond to the RFQ will be considered for the Planning Services
On-Call List or Environmental Review Services On-Call List or both. The City will use
the On-Call Consultant Lists to select qualified planning and/or environmental review
services consultants on as needed basis. The City intends to contract with at least two
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Page 2 of 5
firms. Once approved by the City Council, the On-Call Lists (List) will be valid for a
three (3) year period.
B. Selection of Firm to Provide Planning Services and/or Environmental Review Services:
As projects are received that require additional professional planning and/or
environmental review services and technical expertise, the City staff will provide a
description of the project and the requested services to at least two firms on the List with
demonstrated expertise in the services requested. Each consultant will in turn provide a
scope of work and a not to exceed cost estimate based upon its fixed fee schedule.
Planning will review the materials received from each consultant to identify the
consultant with the best work plan and budget (selection may not be based on the lowest
budget), and will then negotiate with that consultant to develop a mutually acceptable
professional services agreement. If the City and selected consultant are not able to reach
an agreement, the City will consider the second highest ranked proposal.
Scope of Work
A. Planning Services: Selected consultants for Planning Services shall have demonstrated
expertise in processing applications for various types of projects that include, but not
limited to, residential, commercial, industrial, mixed use and transit-oriented
development. Some applications may require a General Plan Amendment, Zone Change,
establishment of a Planned Development Overlay, etc. Typical and examples of Planning
Services Tasks are:
•Initial Site Assessment
•Review project for completeness and compliance with the General Plan, Zoning
Ordinances, Barton Road Specific Plan (if applicable) Design Guidelines, and all
applicable codes and ordinances
•Prepare letters for Director’s review
•Attend Development Advisory Board meetings for the project
•Coordinate comments from members of the Development Advisory Board
•Meet with applicants
•Coordinate the Project Review with CEQA Review
•Prepare public hearing notices, staff reports, resolutions and conditions of approval
•Attend Planning and/or City Council meetings
•File management for the project
•Plan Check review of projects including, but not limited to construction plans,
grading plan, landscape and irrigation plans, lighting plans, etc. for compliance with
conditions of approval.
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B. Environmental Review Services. Selected consultants for Environmental Review
Services shall have demonstrated expertise in preparing environmental review documents
as required by CEQA that include, but not limited to, one or more of the following
environmental review tasks:
• Initial Site Assessment
• CEQA Initial Study to determine whether project requires EIR, MND, ND, or CE
• Nosie Studies
• Air Quality
• Transportation Studies
• Water Quality/Storm and Wastewater Control Management
• Greenhouse Gas Emission Studies
• Biological and Cultural Resources Studies
• Environmental Mitigation Studies/Reports
• Coordinate and distribute environmental documents and notices
• Mitigation Monitoring
• Preparation of Public Notices
• Presentations at public meetings
• Coordinate the CEQA Review with Project Review
In addition to the above environmental review tasks, the consultant may be assigned to
conduct a peer review of the EIR, MND or ND submitted by the project applicant for a
review of completeness, adequacy and compliance with CEQA.
Statement of Qualifications Format
The Statement of Qualifications must include at a minimum, the following information:
A. A brief description of the consultant’s firm, including the year the firm was established,
the type of organization (partnership, corporation, etc.) and a statement of the firms
qualifications for performing the subject consultant services.
B. A summary of the qualifications and experience of each member proposed to provide
planning services and/or environmental review services.
C. A project summary list with descriptions of the proposed team’s experience relative to
the provision of planning services and/or environmental review services. Emphasis
should be given to work done for public entities.
D. A list of sub-consultants to be used, if any, and their relevant expertise.
E. A list of references of relevant clients, including a contact person with their current
telephone number and email address.
F. A fixed fee schedule that includes the hourly rate and classification of all employees who
would be assigned to the anticipated projects. The fee schedule must be submitted in a
separate sealed envelope and will not be used as part of the evaluation criteria.
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Statement of Qualifications Submittal Requirements
An original, two paper copies and one original copy of the fee schedule in a separate sealed
envelope must be received at City Hall no later than April 22, 2019 at 2:00 p.m. Proposals are
limited to 7 pages, double sided. Late submittals will not be accepted.
Submissions are to be mailed or hand delivered to:
Sandra Molina
Planning and Development Services Director
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313-5295
Evaluation Procedure
City staff will review each Statement of Qualifications (SOQ) for completeness and content.
Each SOQ will be evaluated upon the relevant qualifications and experience of the consultant.
Staff my conduct interviews if necessary. License status and references will also be verified.
The SOQ will focus on upon the following criteria:
A. Organization. Does the firm offer the breadth and quality of services required for the types
of planning services and/or environmental review services listed in the Scope of Work?
Does the firm’s organizational structure show sufficient depth, capacity for its present and
additional workload?
B. Staff: do the qualifications of key personnel to be assigned to the anticipated projects
coincide with the tasks listed in the Scope of Work? Do assigned personnel have requisite
education, experience and professional qualifications?
C. Experience. Has the firm demonstrated the ability to successfully provide services for
projects of a similar complexity and nature described herein?
D. Specific Management Approach. Has the firm described its ability to achieve budget and
project delivery goals for projects of a similar complexity and nature as described in the
Scope of Work?
E. Professional Standing. Are the firm’s references from past clients and associates
favorable? Are deliverables submitted on time and within the budget?
F. Familiarity with Locality. Is the firm familiar with the City and the Inland Empire?
Selection Process
Based on staff recommendation, the City Council will consider approval of the on-call list for the
Planning and Environmental Services On-Call Lists for a three-year period. The City Council
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may select more than one consultant /firm or choose to determine that no SOQ proposal exhibits
adequate qualifications.
Upon selection by the City Council, consultants/firms may or may not be called upon by the City
to provide planning and/or environmental services. During the three-year period, the City will
have the discretion to negotiate with a consultant on the total cost for the consultant services
based upon its fixed fee schedule and the scope of work of the project.
Acceptance or Rejection of Proposal
The City reserves the right to accept or reject any and all proposals. The City also reserves the
right to waive any informality or irregularity in any Qualifications. Additionally, the City may,
for any reason decide not to award an agreement as a result of this RFQ or cancel the RFP
process. The City shall not be obligated to respond to any proposal submitted, nor be legally
bound in any manner by the submission of the proposal. The City reserves the right to negotiate
the project deliverables and associated costs.
Professional Services Agreement
The award of a professional services agreement resulting from the RFQ shall include terms and
conditions similar to those referenced in the City’s standard agreement, which is attached.
Exceptions proposed by the consulting firm, if any, to the terms and conditions included in the
City’s standard agreement should be included in the response. The City reserves the right to
consider any proposed exceptions during its evaluation of the acceptability of a proposal.
Estimated Timeline
• Request for Qualifications Issued April 5, 2019
• Statement of Qualifications Due April 22, 2019
• Interviews (if necessary) Week of April 22, 2019
• City Council Approval May 14, 2019
Inquiries
For questions regarding this RFQ, please contact:
Sandra Molina
Planning and Development Services Director
City of Grand Terrace
(909) 824-6621 x225
smolina@grandterrace-ca.gov
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Packet Pg. 204 Attachment: RFQ- Planning & Environmental Services April 2019 (Professional Services -On Call Planning and Environmental Services)
01240.0001/514122.1 10/16/2018
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
_____________________________________
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01240.0001/514122.1 10/16/2018
-2-
AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
____________________
This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY
OF GRAND TERRACE AND ____________________” (herein “Agreement”) is made and
entered into this ____ day of ________, 2018 by and between the City of Grand Terrace, a
California municipal corporation (“City”) and ___________________________,
_________________ (“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 $25,000, whichever is less; or, in the time to perform of up to one hundred eighty
(180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to
be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
City may in its sole and absolute discretion have similar work done by other consultants. No
claims for an increase in the Contract Sum or time for performance shall be valid unless the
procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein
by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other
provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed __________________________________ Dollars ($______) (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:
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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 [_____________________________ 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 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
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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 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.
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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 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
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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 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:
_____________________________________
_
_____________________________________
_
By:
___________________________________
Name:
Title:
By:
___________________________________
Name:
Title:
Address:
_____________________________
_
_____________________________
_
_____________________________
_
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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.
G.12.a
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2018 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 __________, 2018 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.
G.12.a
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EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A.
B.
C.
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A.
B.
C.
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.
B.
C.
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. Consultant will utilize the following personnel to accomplish the Services:
A.
B.
C.
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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 following tasks at the following rates:
RATE TIME SUB-BUDGET
A. __________ __________ __________ __________
B. __________ __________ __________ __________
C. __________ __________ __________ __________
D. __________ __________ __________ __________
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 $______ as provided in
Section 2.1 of this Agreement.
VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the schedule to be
developed by Consultant and subject to the written approval of the Contract Officer
and the City Attorney’s office.
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
A.
B.
C.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
G.12.a
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1500 Iowa Avenue, Suite 110
Riverside, CA 92507
P (951) 787-9222
F (951) 781-6014
www.migcom.com
CALIFORNIA
BERKELEY, FULLERTON,
KENWOOD, LOS ANGELES,
PASADENA, RIVERSIDE,
SACRAMENTO, SAN DIEGO
AND SAN JOSE
COLORADO
DENVER
OREGON
EUGENE AND PORTLAND
TEXAS
SAN ANTONIO
WASHINGTON
SEATTLE
PLANNING / DESIGN / COMMUNICATIONS / MANAGEMENT / TECHNOLOGY / SCIENCE
April 22, 2019
Sandra Molina
Planning and Development Services Director
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313-5295
Re: On-Call List for Planning and Environmental Review Services
MIG is pleased to submit our statement of qualifi cations to the City of Grand Terrace to provide
planning and environmental review services. With our Riverside offi ce located just ten minutes
from City Hall, we are immediately available to assist the City. In fact, MIG has worked with the City
of Grand Terrace providing contract staffi ng services as well as preparing the Barton Road Specifi c
Plan. Our environmental team has prepared numerous CEQA documents and is well versed in
local environmental issues.
MIG has a 37-year track record of working interactively with our public and private clients,
becoming an extension of their staff. We have a staff of over 260 employees among all of our
offi ces including professionals specializing in land planning, environmental analysis, landscape
architecture, parks planning, urban design, public facilitation and community outreach. Our fi rm
has provided professional services to more than 300 cities, eight counties, the State of California,
states through the United States, the Federal Government, college and corporate campuses, and
many recreation, park, and school districts.
The success of our on-call and as-needed services stems from our interdisciplinary project team
approach. We have hand-picked members of our staff of professionals who have niche expertiseWe have hand-picked members of our staff of professionals who have niche expertise
in providing on-call services to jurisdictions. We are excited to submit the enclosed Statement of
Qualifi cations for the following requested services:
• Planning Services
• Environmental Review Services
On behalf of MIG, we look forward to working with and assisting you, the City, and the community
with insuring that development projects are designed and implemented with an effective, effi cient,
and sustainable approach and tailored specifi cally to the City’s vision and standards. If you have
any questions, please feel free to contact me or Bob Prasse at 951-787-9222, or email us at pams@
migcom.com or bprasse@migcom.com.
Sincerely,
Pamela D. Steele
Principal
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MIG
Environmental and Planning Services
YEARS IN BUSINESS | DATE ESTABLISHED
37 years | 1982
COMPANY OWNERSHIP
California Corporation
PRINCIPAL OFFICERS
Pamela Steele, Principal
Riverside Offi ce
1500 Iowa Avenue, Suite 110 | Riverside, CA 92507
P: (951) 787-9222 | F: (951) 781-6014
pams@migcom.com
Bob Prasse, Director of Environmental Services
Riverside Offi ce
1500 Iowa Avenue, Suite 110 | Riverside, CA 92507
P: (951) 787-9222 | F: (951) 781-6014
bprasse@migcom.com
MIG is a multidisciplinary fi rm that provides environmental,
planning, design, management, communications and
technology services to public and private agencies
throughout California and the United States. We develop
innovative planning and design solutions through a highly
interactive and participatory process. We specialize in
contract planning, CEQA compliance, landscape architecture,
park and recreation planning, urban planning, entitlement,
environmental and ecological planning and design.
MIG has successfully assisted public and private agencies
with their contract planning and environmental; engaging
communities, stakeholders and decision-makers in planning,
policy and design projects. We offer a full range of planning
and environmental services and assist in creating innovative
environments that:
• Foster a sense of place;
• Contribute to neighborhood and
community identity;
• Promote public safety;
• Facilitate intergenerational recreation opportunities;
• Promote environmental stewardship and sustainability;
• Honor the community’s history and
natural environment;
• Meet maintenance and program needs; and
• Support revenue generating goals.
Our work is characterized by a dedication to quality, a fl exible
approach, compliance with City, State and Federal require-
ments, creativity in planning and design, and a commitment
to completing projects on time and within budget.
Over the past three decades MIG has grown to be a strong
team of over 260 employees. The diversity of our staff bridges
technical expertise and values, and facilitates the exchange
of information between all parties engaged in the planning
and design process. Staff backgrounds include urban
and regional planning, environmental analysis, landscape
architecture, public participation, communications, graphic
design, and public policy.
AREAS OF EXPERTISE
• Contract Planning (On-site and On-call)
• Environmental Services (CEQA/NEPA)
• Technical Services Including: Air Quality and Climate
Change Analysis, Energy Analysis, Health Risk Assess-
ments, Biological Resources Analysis, Acoustical and
Vibration Analysis, and Visual Impact Assessments
• Landscape Architecture & Ecological Design
• Land Planning
• General Plans / Development Codes / Specifi c Plans
• Urban Planning & Design
• Geographic Information Systems
• Graphics / Visual Simulations and Analyses
• Entitlement Processing
Planning and Environmental Services 1
Firm Overview
SECTION A
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Approach to On-Call Contracts
MIG has successfully initiated, organized, and managed MIG has successfully initiated, organized, and managed
a diverse array of planning and environmental projects in a diverse array of planning and environmental projects in
western San Bernardino County,western San Bernardino County, as well as many CEQA and
NEPA documents for Southern California cities and jurisdic-
tions throughout the entire state. Our staff has a long and
successful record working on complex planning and environ-
mental projects, including tasks through on-call contracts
and third party peer review of all types of environmental
documents. We understand the unique project and staffi ng
needs required of on-call contracts, necessitating proactive
management, quickly formulating project teams, and
aligning expectations between the client and the consultant.
Our experienced staff is capable of acting as the extension
of the Grand Terrace Community Development Services
Department. We can coordinate Project and CEQA Review,
including the applicable noticing and submittal require-
ments for public disclosure and processes through the State
Clearinghouse and/or County. Our staff is also experienced
in making presentations to Commissions, City Councils, and
community groups. As a multidisciplinary fi rm, our array of
services benefi ts clients; we can seamlessly integrate our
areas of expertise to support the specifi c characteristics and
unique environmental challenges of each project.
MEETING ON-CALL PROJECT NEEDS
MIG utilizes integrated project management and accounting
software to ensure that our projects are completed on time
and within budget. We will work with City staff to expedite
the process of acquiring and managing new assignments,
thus ensuring project delivery, quality control, and quality
assurance, as well as full capability and fl exibility to provide
the appropriate services when needed.
STAFF AVAILABILITY
With over 260 people on staff, MIG is able to advance
multiple assignments simultaneously. We have the personnel
and fi rm resources to accommodate new projects and to
respond to unexpected assignments. Our project teams are
assembled based on staff expertise and capacity. The MIG
staff assigned to any project that may come from this on-call
contract will be committed for the duration of the project,
and their current workload will not impact their availability to
successfully complete the assignment.
All our projects and staff capacity are monitored and
scheduled in coordination with existing project workloads.
Weekly in-house fi rm wide Management Team meetings
ensure a high level of communication among project leaders
and the effi cient allocation of personnel and other fi rm
resources. Additional meetings are held with business lines
that frequently work together on projects; in particular, our
planning, design, and environmental planning groups work
closely to ensure optimal allocation of staff to projects.
2 City of Grand Terrace
FIRM OVERVIEW
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MIG Contract Planning Services
MIG has a long history of providing contract planning services
to Southern California jurisdictions. We place seasoned
contract planning professionals who are experienced with
how local jurisdictions work and are able to quickly familiarize
themselves with City procedures and processes. Our staff can
address your needs with their knowledge of land planning,
zoning, design guidelines, as well as the Subdivision Map Act.
We are familiar with the challenges that cities face and are
prepared to start work immediately upon award of contract.
Our team knows how to get up to speed quickly and keep
projects moving.
Our breadth of experience is not the only thing that distin-
guishes MIG. Our staff are actual employees of the company,
not subcontractors. This sets us apart from other organiza-
tions because it fosters a stable, dependable environment
for our staff, where they feel secure and committed even as
assignments change. Our staff regularly attend MIG staff
meetings and events, as well as continued staff training,
assuring that the City of Grand Terrace will get true planning
professionals, committed to excellence -- not the subcon-
tractors of contractors. We invest in our employees to help
them be productive members of both the MIG Team and our
clients' teams. To retain the best employees, we focus on the
overall satisfaction of employees with their jobs, which allows
them to focus on their work --meeting the clients needs.
ON-SITE/ON-CALL ASSISTANCE
MIG has offi ces throughout Southern California, including
Riverside, Pasadena, and Fullerton. Our staff is ready to work
on-site part- or full-time. Since we have local offi ces and
planning specialists, we are immediately available to City
Hall, or we can provide remote or off-site assistance to the
City for those projects that do not require on-going on-site
assistance. In these cases, our staff works in MIG offi ces,
while closely coordinating and collaborating with City Staff,
coming to City Hall whenever they are needed for meetings,
presentations, etc. MIG’s local presence gives us the fl exi-
bility to fully meet the City’s needs, whether full-or part-time,
on-site or off.
The MIG Team includes professional planners who were
selected based on their specialized capabilities and
experience. We are pleased to present a team with a depth
of knowledge from working in many cities and processing
hundreds of cases, from pre-application stage, through the
the fi nal approval and even Certifi cate of Occupancy. We
will provide focused, continuous involvement of key staff,
supplemented by the strategic addition of specialized staff
at the appropriate time, as needed.
Typical examples of our planning services include initial
site assessments, reviewing projects for completeness and
compliance with the General Plan, Zoning Ordinances,
Specifi c Plan and Design Guidelines,Design Guidelines, and all applicable codes
and ordinances, and preparing letters for Director’s review.
Also, we will attend Development Advisory Board meetings,
coordinate comments from members of the Development
Advisory Board, meet with applicants, and coordinate the
project review with CEQA review. In addition, we will prepare
public hearing notices, staff reports, resolutions and condi-
tions of approval, attend Planning Commission and/or City
Council meetings, and manage the project fi les. Following
project approval, we have experience in plan check review
of projects including, but not limited to construction plans,
grading plan, landscape and irrigation plans, lighting plans,
etc. for compliance with conditions of approval and mitigation
measures.
MIG has supplied on-call and contract services to over 100
cities, counties and special districts. Additionally, we provide
project management for all types of development application
processing. Our services range from full-time staff, including
entire planning departments to interim, part-time and on-call
contracts. Our contract staff work directly with cities and
counties as staff as well as with three-party contracts where
developers agree to pay the jurisdiction for the services of
a dedicated contract planner to manage their particular
project.
Planning and Environmental Services 3
FIRM OVERVIEW
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Environmental On-Call Services
MIG’s CEQA work is guided by three principles: fi rst, the
methodology and content are consistent with the most
current CEQA statutes, guidelines, and case law; second,
that mitigation recommendations are realistic and feasible;
and, third, that fi ndings are effectively presented through
clear and concise writing, informative graphic design, and
skillful oral presentation. These principles result in legally
sound CEQA documents that fully and clearly inform the
public, decision-makers, and interested agencies.
MIG assumes project work will primarily be a mix of EIRs and
IS/MNDs. Compared to preparing an EIR, the sequences for
preparing an IS/MND or ND are similar but occur on a substan-
tially reduced schedule with fewer noticing requirements.
CEQA/NEPA DOCUMENTS
MIG’s dedicated environmental staff have the background
and experience to properly scope and prepare environmental
impact analysis documents for a wide variety of projects. MIG
prepares clearly written, legally defensible environmental
impact reports (EIR) and other CEQA/NEPA compliance
documentation—initial studies (IS)/mitigated negative decla-
rations (MND), environmental assessments (EA)/Findings
of No Signifi cant Impact (FONSI), environmental impact
statements (EIS), and Categorical Exemptions/Exclusions.
We specialize in preparing both “project-specifi c” environ-
mental documents for site-specifi c industrial, residential,
commercial, institutional, and mixed-use developments,
as well as broad-based “program EIRs” for specifi c plans,
general plans, and other policy plans.
MIG has successfully completed over 300 EIRs, as well as
numerous other CEQA and NEPA compliance documents for
public agencies.
We also provide third party peer review services for all types
of CEQA and NEPA environmental documents and technical
studies. We regularly provide these services to the City of
Menifee and the City of Rancho Cucamonga. We have
provided more than 50 reviews in the last calendar year alone.
VISUAL IMPACT ASSESSMENTS
MIG’s graphic and computer simulation staff specialize in
computerized view simulations and preparation of visual
impact analyses. Our team can prepare and/or review visual
simulations, urban design height analyses, shade studies, and
other illustrative plans needed for all types of projects. Our
team has extensive experience creating illustrations and
analyzing environments allowing for objective review and
understanding of projects.
BIOLOGICAL SITE SURVEYS / SPECIAL-STATUS SPECIES
SURVEYS
MIG’s experience in biological studies and impact assess-
ments includes the preparation of biological surveys to
evaluate existing conditions and the presence of sensitive
habitat or special-status plant or animal species and appli-
cable laws pertaining to the resources found. Biological
impact assessments evaluate the effects of a proposed
project on biological resources and are used to support
CEQA/ NEPA documents and permit applications.
MIG also provides the technical support required for Endan-
gered Species Act Section 7 or Section 10 consultations and
California Fish and Wildlife Endangered Species Act 2081
permits.
We have expertise in assessing the potential occurrence of
many sensitive species, including many butterfl y species and
birds such as the coastal California gnat catcher, least bell’s
vireo, and Cooper’s hawk.
REGULATORY PERMITTING
MIG’s wetland delineators maintain current training and
can identify whether specifi c areas are covered under the
jurisdiction of the U.S. Army Corps of Engineers (USACE),
Regional Water Quality Control Board (RWQCB), California
Department of Fish and Wildlife (CDFW), US Department of
Fish and Wildlife (USFWS), California Coastal Commission,
and local regulatory agencies.
MIG assists cities or projects in obtaining permits from
various regulatory agencies, including, but not limited to, the
404 Nationwide or Individual Permits from the USACE, the
Lake and Streambed Alteration Agreement from CDFW, and
the 401 Water Quality Certifi cation from the RWQCB. MIG
prepares technical studies required for these permits as well
as the permit applications.
AIR QUALITY IMPACT AND HEALTH RISK ASSESSMENTS
MIG prepares the technical air quality analyses necessary
to obtain CEQA, NEPA, and other permitting/regulatory
approvals from regional, state, and federal air agencies. MIG
4 City of Grand Terrace
FIRM OVERVIEW
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prepares area and fugitive (e.g., dust and emissions from soil
disturbance and material transfer), mobile, and stationary
source emissions estimates using agency-recommended
models. The emissions estimates developed by these models
and methodologies are compared to regulatory thresholds
of respective air quality management districts, CEQA
signifi cance thresholds or other state or federal regulatory
requirements as appropriate.
MIG is skilled in quantifying the emissions levels from all
aspects of a project, comparing emissions levels and concen-
trations against applicable thresholds, and developing
project design features or mitigation measures that reduce
project emissions and associated risks.
ENERGY
MIG also has expertise in evaluating the new energy impact
requirements of the recently amended state CEQA Guide-
lines, including project energy consumption is estimated
using information from air quality emissions estimates
or modeling conducted for the project. MIG would then
evaluate whether the project would result in the wasteful,
ineffi cient, or unnecessary consumption of energy resources,
including mobile sources. Energy saving factors analyzed
would include, site layout and orientation, proximity to
regional arterials, building design, and any trip reducing or
other energy saving operations that result in the effi cient use
of available energy resources.
GREENHOUSE GAS (GHG) / CLIMATE CHANGE IMPACT
ASSESSMENT
In California, local land use authorities are required to
consider the effects of project- and plan-level greenhouse
gas emissions as part of the CEQA review process.
Many of the models (e.g., CalEEMod) and inventories (e.g.,
OFFROAD) MIG uses to estimate emissions of criteria
air pollutants like particulate matter also quantify GHG
emissions from common GHG sources like vehicles, electricity
consumption, space heating, etc.; however, the methods for
evaluating GHG emissions levels can differ from traditional
air quality analyses because GHG emissions represent a
global impact, and there are a myriad of state, national,
and international goals, policies, and programs adopted for
the purposes of reducing GHG emissions. GHG emissions
are also produced from less common but high-emitting
sources such as refrigerants and electrical insulators that
fall outside the scope of traditional air quality analyses.
Planning and Environmental Services 5
NOISE IMPACT ASSESSMENT
MIG performs noise monitoring and impact assessments
for environmental analysis, mitigation monitoring, and other
compliance purposes.
MIG has the necessary expertise and equipment to monitor
pre- and post-project noise levels, documenting in-situ
attenuation patterns, and evaluating the effectiveness
of noise-reducing insulation and infrastructure. MIG has
monitored noise levels from construction equipment, traffi c,
public events (with and without amplifi ed sound), and various
types of stationary equipment (e.g., HVAC units, generators,
concrete batch plants).
MIG collects and analyzes project-specifi c noise data to
assess the compatibility of pre- and post-project noise levels
with zoning standards, general plan standards, and general
quality of life standards. MIG staff can clearly articulate noise
impact fi ndings to decision-making bodies and have worked
with community members, project architects, municipal staff,
and project proponents to develop mitigation in the form
of operating restrictions, sound barriers, and sound power
output limits that provide community and project benefi ts.
CULTURAL AND PALEONTOLOGICAL RESOURCES
We take a comprehensive and technical approach in our
cultural resource services to support CEQA documents
with the goal of developing feasible strategies that move a
project forward while satisfying applicable environmental
regulations. Cultural resource services are conducted by a
qualifi ed MIG archaeologist. Cultural services are conducted
in accordance with industry standards and state requirements
and guidelines.
Paleontological services will be performed by a qualifi ed
MIG paleontologist. All palentological services and technical
reports will be prepared in a manner consistent with industry
standard procedures for the assessment and mitigation of
adverse impacts on paleontological resources. MIG, in a
consultative capacity, advises our clients regarding cost-ef-
fective options to avoid or reduce project impacts.
The MIG tailored approach also includes the documentary
procedures concerning Native American Consultation and/
or Coordination as specifi ed in SB 18 and AB 52 to ensure
their involvement in protecting Tribal Cultural Resources,
properties and sensitive archaeological sites.
FIRM OVERVIEW
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SECTION B
PAMELA STEELE
Ms. Steele will serve as the primary Contract/Project
Manager for the City of Grand Terrace. She will coordinate
direct staffi ng service to the City, coordinating all of the City’s
staff needs. Ms. Steele has over 30 years of public sector
planning experience, including entitlement processing,
advanced planning projects, land use, policy planning and
implementation, and CEQA project management. Working
with our staff or the public, Ms. Steele can address confl ict
and challenges, fi nding intelligent and well-communicated
solutions.
Planning Team
LISETTE SANCHEZ-MENDOZA
Ms. Sanchez-Mendoza has over 13 years of planning in the
public sector, working with the City of Covina, City of Murrieta,
City of Hesperia, and the County of San Bernardino, where
she has managed numerous entitlement projects, including
industrial, commercial, and residential development projects.
In addition, she has signifi cant experience in the devel-
opment of policy through amendments to the City Municipal
Code. Ms. Sanchez-Mendoza is well versed in community
development, planning, and administrative processes.
MINA MORGAN
Mr. Morgan is an Associate Planner with MIG’s Contract
Planning Services team with over 6 years of experience. He
has worked in the public sector providing contract planning
services to the City of Big Bear Lake, City of Menifee, Orange
County, and Sonoma County.
Mr. Morgan has experience processing entitlement projects,
developing staff reports, conditions of approval, and
presenting to approval bodies.. He has experience with
current and long-range planning applications involving the
General Plan, zoning, development standards, subdivisions,
variances, home occupation permits, variances, temporary
use permits, and conditional use permits.
Mr. Morgan served as the Team Lead for the Planned Commu-
nities Division in the Orange County Planning Department
supervising not only MIG contract staff, but also the staff of
four other consulting fi rms, to ensure timely and accurate
processing of permits and entitlements.
Environmental Team
BOB PRASSE
Mr. Prasse will serve as Project Manager for CEQA Services
and brings over 30 year of experience in environmental
planning. Bob has prepared numerous complex and
controversial EIR’s and other environmental documents. He
has also prepared and is familiar with Specifi c Plans, zoning
ordinances and general plans.
JOHN CAMPBELL, PHD
Mr. Campbell has over 16 years of experience in biological
services in conjunction with the implementation of environ-
mental policies and compliance with local, state and federal
regulations. He is profi cient at performing assessments of
wetland function, jurisdictional delineations, general and
focused biological surveys, and construction monitoring.
CHRISTOPHER PURTELL, RPA
With over 14 years of archaeological experience, Mr. Purtell will
serve as Archaeologist and Cultural Resource Specialist. He
is well-versed in environmental compliance, archaeological
surveys, excavation, monitoring, data recovery, laboratory
analysis and in developing mitigation and treatment plans.
CHRIS DUGAN
Mr. Dugan has 12 years experience planning, preparing and
managing environmental compliance documents required
by local, state and federal regulations, including air quality
and greenhouse gas studies, health risk assessments, energy,
noise, and vibration studies.
CAMERON HILE
Mr. Hile will serve as Primary Project Analyst supporting our
environmental planning group’s development of a variety
of environmental documents such as EIR’s, Initial Studies,
Negative Declarations, Mitigated Negative Declarations, EIR
Addenda, and Air Quality Analyses.
Additional Staff Members can be made available to the City
of Grand Terrace if the need or specifi c expertise is needed.
6 City of Grand Terrace
Team Qualifi cations
SECTION B
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PLANNING AND ENVIRONMENTAL SERVICES
Contract Agency Project Dates Description
CONTRACT PLANNING
County of Riverside 1999-Ongoing
MIG has been providing contract planning services to the County Transportation and
Land Management Agency for more than 12 years. Currently, MIG has six full-time
positions assigned. We also assisted the County with the general plan update, devel-
opment of a new zoning ordinance, and preparation of county-wide design guidelines.
County of Orange 2007-Ongoing
MIG is currently is providing six contract planners to both the Land Use Planning
Division and the Planned Development Division of the Public Works Department.
Services have and/or currently include providing staffi ng the public counter, entitlement
processing services, post-entitlement permit plan check and issuance services,
preparation of environmental documents and peer review of environmental documents
prepared by other consultants.
City of Hemet 2013-Ongoing MIG provides part-time staffi ng services for the City of Hemet
City of Menifee 2013-Ongoing
We have provided the Interim Community Development Director as well as two support
contract staffers to the City. We are currently providing CEQA Services and peer
reviews of CEQA documents.
ENVIRONMENTAL SERVICES
City of El Segundo 2014-2018
For the Smoky Hollow Specifi c Plan Update and EIR, MIG provided Comprehensive
update and associated program EIR for a 120-acre industrial and offi ce district that will
increase building area from a little less than 2.5 million square feet to approximately
3 million square feet as redevelopment occurs over time. The update also includes
circulation system improvements and parking supply increase. Key environmental issues
included land use, noise, traffi c, air quality, greenhouse gases and historical resources.
City of Rancho Cucamonga 2017-Ongoing
MIG provided a Peer Review, Fourth and Utica Warehouse IS/MND MIG performed
a comprehensive peer review of an IS/MND for a 14-acre, 293,000 square foot, three-
building warehouse distribution center. Associated technical study reviews included air
quality and greenhouse gases, Health Risk Assessment, Biotic Resources including the
Delhi Sands fl ower-loving fl y, cultural resources and an acoustical analysis.
MIG also provides environmental services including the preparation of IS/MNDs and
peer review for the City.
City of Highland 2016-2017
MIG prepared an IS/MND and technical studies for the Church and Fifth Street
Warehouses project two-building. 117,860 square foot warehouse project located on
12.5 acres. Key issues included, traffi c, air quality and noise.
Planning and Environmental Services 7
Project Summary List
SECTION C
jy
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8 City of Grand Terrace
Subconsultant
SECTION D
GIANCARLOGANDDINI,PE,PTP
Principal
GiancarloGanddinihasextensiveexperiencein
trafficengineeringandtransportationplanningfor
publicandprivatesectorprojectsthroughout
California.Hehasdirectedandassistedonhundreds
ofprojectsinvolvingtransportationandparking
analysis,withanemphasisontrafficimpactstudies
forenvironmentaldocumentation.
Giancarloispassionateaboutapplyinghisexpertise
todevelopcreativesolutionsforbothcommonand
uniquetrafficissuesinvolvingroadwayoperations,
trafficforecasting,impactanalysis,parking
operations,roadwaysafety,andmultiŊmodal
circulation.Heiswellversedinthestandardsof
transportationplanningpracticeandisskilledat
communicatingcomplextrafficengineeringconcepts
tothepublicanddecisionmakers.
HisleadershipinvolvementwiththeInstituteof
TransportationEngineershasallowedhimtobuild
strongrelationshipswithcolleaguesandstaywell
informedofcurrentbestŊpracticesanddeveloping
transportationtrends.Theseleadershipskillshave
alsobeeninstrumentalindirectingourteamat
GanddiniGroup,Inc.
RELEVANTPROJECTEXPERIENCE:
8822EtiwandaAvenueTruckTerminalTrafficImpactAnalysis|CityofRanchoCucamonga
CampRockSolarConstructionManagementPlan|CountyofSanBernardino
EtiwandaTCEPGrantTravelTimeAnalysis|CityofRanchoCucamonga
GarnetStreetBridgeReplacementTrafficImpactAnalysis|CountyofSanBernardino
GeneralPlanUpdateTrafficImpactAnalysis|CityofWalnut
GreenHorizonsCultivationFacilityTrafficImpactAnalysis|CityofDesertHotSprings
HyssopDriveTrafficImpactAnalysis|CityofRanchoCucamonga
JazminSolarProjectFocusedTrafficAnalysis|CountyofSanBernardino
LakeGregoryDamRehabilitationHauling&CirculationAssessment|CountyofSanBernardino
LugoniaAvenueResidentialTrafficAnalysisPeerReview|CityofRedlands
RichmondPlace/6thStreetTrafficSignalWarrantAnalysis|CityofRanchoCucamonga
WalnutRanchParkTrafficImpactAnalysis|CityofWalnut
VictorValleyCommunityCollegeStudentServicesTrafficImpactAnalysis|CityofVictorville
VillageBuildoutPlanTrafficImpactAnalysis|CityofLaQuinta
CERTIFICATIONS:
ProfessionalEngineer(Traffic),TR2663
StateofCalifornia
ProfessionalTransportationPlanner,No.597
TransportationProfessionalCertificationBoard
EDUCATION:
UniversityofCalifornia,Irvine:
B.S.CivilEngineering
PROFESSIONALAFFILIATIONS:
InstituteofTransportationEngineers(ITE)
Secretary/TreasurerŊWesternDistrict
PastPresident,VicePresident,Secretary/
Treasurer–SouthernCaliforniaSection
OrangeCountyTrafficEngineeringCouncil
HONORS&AWARDS:
YoungTransportationEngineeroftheYear(2011),
ITESouthernCaliforniaSection
Traf fi c
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Planning and Environmental Services 9
We invite you to contact the following references regarding our professionalism, problem-solving abilities, product quality and
on time and on budget performance.
COUNTY OF RIVERSIDE
PLANNING AND ENVIRONMENTAL SERVICES
Juan C. Perez, Director of Trans. & Land Management
951-955-6742
jcperez@rctlma.org
COUNTY OF ORANGE PLANNING SERVICES
Ms. Laree Brommer, Manager
Planned Communities Div.
714-667-9649
laree.brommer@ocpw.ocgov.com
CITY OF HEMET PLANNING SERVICES
Deanna Elliano, Community Development Director
951-765-2375
delliano@cityofhemet.org
CITY OF MENIFEE CONTRACT STAFFING
Lisa Gordon, Planning Manager
951-672-6777
lgordon@cityofmenifee.us
CITY OF LOMA LINDA ENVIRONMENTAL SERVICES
Guillermo Arreola, Associate Planner
Community Development Department
909-799-2830
garreola@lomalinda-ca.gov
CITY OF RANCHO CUCAMONGA ENVIRONMENTAL
REVIEW
Candyce Burnett, City Planner
Community Development Department
909-477-2750
candyce.burnett@cityofrc.us
References
SECTION E
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10 City of Grand Terrace
MIG’s project team fee schedules are provided in a separate
sealed envelope as requested in the RFQ.
Fee Schedule
SECTION F
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Fee Schedule - Planning and Environmental Services
Schedule of Hourly Rates
MIG is sensitive to the budget challenges cities face today. Our standard fee schedule is provided for the City’s review and
consideration. However, we can structure a fee arrangement for Grand Terrace that provides the highest quality of service while
addressing your needs for specifi c project assignments.
Classifi cation Rate
Principal $205.00
Director of Environmental Services / Analyses $185.00
Senior Project Planner $125.00
Primary Analyst $125.00
Associate Project Planner $100.00
Assistant Project Planner $90.00
Assistant Analyst $90.00
Word Processing $65.00
Reimbursable Expenses
The following reimbursable expenses will be charged for tasks/projects assigned by the Staff when the cost is incurred by MIG.
Description Cost
Black/White Prints $0.10/page
Color Prints $1.00/page
11”x17” Color Prints $2.00/page
Postage At Cost
Other Cost plus 10%
Expert Witness Fee
If requested to be an expert witness by the City, the fees for deposition and testimony will be billed at $350.00/hour.
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01247.0005/553298.1 5/8/2019
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
MOORE IACOFANO GOLTSMAN, INCORPORATED
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01247.0005/553298.1 5/8/2019
-2-
AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
MOORE IACOFANO GOLTSMAN, INCORPORATED
This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY
OF GRAND TERRACE AND MOORE IACOFANO GOLTSMAN, INCORPORATED (herein
“Agreement”) is made and entered into this 14th day of May, 2019 by and between the City of
Grand Terrace, a California municipal corporation (“City”) and Moore Iacofano Goltsman,
Incorporated, 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 the performance of the services, defined and described
particularly in Article 1 of this Agreement, pursuant to the City of Grand Terrace Municipal
Code.
B. Consultant was selected by the City to perform those services more particularly
described in Article 1 of this Agreement..
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
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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 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
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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.
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 Con sultant 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 the amounts set forth in Exhibit “C” (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 no t 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:
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Pamela D. Steele, Principal
(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 G. Harold Duffey, 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.
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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
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 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
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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 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
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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.
[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,
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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;
(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 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
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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 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
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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.
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.
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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 ac tions
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 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
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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 thi s
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 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
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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.
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.
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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, 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.
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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 int erest 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 obt aining 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.
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[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:
Moore Iacofano Goltsman, Incorporated, a
California Corporation
By:
___________________________________
Name:
Title:
By:
___________________________________
Name:
Title:
Address: 1500 Iowa Avenue, Suite 110
Riverside, CA 92507
_____________________________
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 provide on-call planning and environmental services to the City
(“Services”). Depending on the needs of each individual project, the Services more
specifically may include, but are not limited to, the following:
A. Planning Services including, but not limited to:
i. Initial Site Assessment
ii. Review project for completeness and compliance with the General Plan,
Zoning Ordinances, Barton Road Specific Plan (if applicable) Design
Guidelines, and all applicable codes and ordinances
iii. Prepare letters for Director’s review
iv. Attend Development Advisory Board meetings for the project
v. Coordinate comments from members of the Development Advisory Board
vi. Meet with applicants
vii. Coordinate the Project Review with CEQA Review
viii. Prepare public hearing notices, staff reports, resolutions and conditions of
approval
ix. Attend Planning and/or City Council meetings
x. File management for the project
xi. Plan Check review of projects including, but not limited to construction
plans, grading plan, landscape and irrigation plans, lighting plans, etc. for
compliance with conditions of approval.
B. Environmental Review Services, including, but not limited to:
i. Initial Site Assessment
ii. CEQA Initial Study to determine whether project requires EIR, MND,
ND, or CE
iii. Nosie Studies
iv. Air Quality
v. Transportation Studies
vi. Water Quality/Storm and Wastewater Control Management
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vii. Greenhouse Gas Emission Studies
viii. Biological and Cultural Resources Studies
ix. Environmental Mitigation Studies/Reports
x. Coordinate and distribute environmental documents and notices
xi. Mitigation Monitoring
xii. Preparation of Public Notices
xiii. Presentations at public meetings
xiv. Coordinate the CEQA Review with Project Review
C. Staff Augmentation with AB 18 and AB 52 Consultation
D. Prepare scope of work, budget, and schedule for assigned projects, to include
project coordination meetings with City Staff and applicant and all public
meetings and hearings.
E. Coordination with applicable agencies, including San Bernardino County
Departments, CalTrans, SCAQMD, Department of Fish and Wildlife, and any
other regulatory or advisory agencies related to project processing.
F. Assist City staff on City-initiated projects, as approved by the Contract Officer.
II. The Consultant has been selected to provide the Services which will be readily
available when needed for the fixed rates set forth in Exhibit C. However, before
any work is performed, the Consultant must provide a specific written Task
Proposal for any requested Services and get written approval of the terms of the
Task Proposal from the City, as such process is more fully described in the Work
Request Procedure below in Section III. Unless specifically defined, each category
or type of work listed in Exhibit C shall be construed broadly to include all services
customarily described under such category or type.
III. Work Request Procedure
A. Each task to be performed shall be set forth in a written request (“Request”)
produced by the Contract Officer with a description of the work to be performed,
and the time desired for completion. All tasks shall be carried out in conformity
with all provisions of this Agreement.
B. Following receipt of the Request, the Consultant shall prepare a “Task Proposal”
that includes the following components:
(1) a written description of the requested task (“Task Description”) including
all components and subtasks, and including any clarifications of the
descriptions provided in the Request;
(2) the costs to perform the task (“Task Budget”);
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(3) an explanation of how the cost was determined; and
(4) a schedule for completion of the task (“Task Completion Schedule”),
including a final completion date (“Task Completion Date”).
C. Contract Officer shall approve, modify, or reject the Task Proposal in writing, and
issue a Notice to Proceed when a written agreement has been reached on the Task
Proposal.
D. The task shall be performed at a cost not exceeding the Task Budget.
E. Consultant shall complete the task and deliver all deliverables to Contract Officer
by the Task Completion Date and in accordance with the Task Completion
Schedule.
IV. Consultant acknowledges that City has no obligation to request work from
Consultant under this Agreement. City may establish a rotation schedule with
multiple consultants, and may seek competing Task Proposals.
V. 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. Consultant shall provide to City a weekly written summary of progress on all
approved Task Proposals for services lasting longer than one week.
VI. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. Work products and timelines based on agreed upon scope of work for assigned
projects.
VII. 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.
VIII. Consultant will utilize the following personnel to accomplish the Services:
A. Pamela D. Steele, Principal
B. Lisette Sanchez-Mendoza, Senior Planner
C. Mina Morgan, Associate Planner
D. Bob Prasse, Project Manager
E. John Campbell, PHD
F. Christopher Purtell, RPA
G. Chris Dugan
H. Cameron Hill
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I. Giancarlo Ganddini, PE, PTP, Ganddini (Sub-consultant)
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. The following Sections are hereby added to Article 2:
2.6 CalPERS Exclusion. Under no circumstances shall any worker be assigned by
Consultant to provide City with continued service in excess of six months in accordance with
California Government Code section 20305. If a person is assigned by Consultant to perform
work for the City on a per diem basis, such person cannot work for City in excess of 125 days
within a calendar year. If a person is contracted to perform work for City by Consultant, in other
than a per diem basis, such person cannot perform work for City in excess of hours of services
within the fiscal year.
2.7 CalPERS Temporary Retired Annuitant. Unless approved by the Contract Officer, no
personnel of Consultant assigned to perform Services under this Agreement shall be a “retired
annuitant” from the California Public Employees Retirement System (CalPERS). Prior to
assigning any personnel of Consultant to perform any work for the City, Consultant shall identify
potential candidates to the Contract Officer that are “retired annuitants” from CalPERS. If
approved by the Contract Officer, under no circumstances shall a retired annuitant work more
than 960 hours within a fiscal year. The compensation for the retired person shall be an hourly
pay rate that is within the salary schedule for the position and shall not exceed the maximum
monthly base salary paid to other employees performing comparable duties as listed on a
publicly available pay schedule divided by 173.333 to equal an hourly rate in accordance with
California Government Code section 21224. A retired person appointed pursuant to this
Agreement shall not receive any benefit, incentive, compensation in lieu of benefits, or other
form of compensation in addition to the hourly pay rate. A retired annuitant will not accrue
service credit or any additional retirement rights or benefits.
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the on-call services at the rates listed in Exhibit “C-1”.
The rates provided in Exhibit “C-1” may not be escalated during the term of this
Agreement. Consultant shall be compensated based upon the time and rates of the
personnel performing the tasks and itemizing materials and equipment utilized and
the costs thereof, which shall conform to the requirements provided in Exhibit “A”.
II. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice shall be accompanied by all Task Proposal’s for which
Consultant is requesting compensation. 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 subconsultant labor, supplies, equipment, materials, and
travel properly charged to the Services.
III. The total compensation for the Services shall be as follows:
A. For Services that will be reimbursed by an applicant/developer, the
maximum amount of compensation shall be established in accordance with
the procedure described in Section III of Exhibit “A”.
B. For Services provided under Section I.F of Exhibit “A” (City initiated
projects), there shall be a maximum total compensation of $25,000 during the
term of this Agreement.
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01247.0005/553298.1 5/8/2019 C-2
EXHIBIT “C-1”
RATE SCHEDULE
Consultant shall perform the Services under Exhibit A based upon an hourly, time, and
materials basis. Consultant shall also be compensated for reimbursements and out of pocket
expenses, provided that City approves such reimbursements and out of pocket expenses in
writing. Consultant’s rates are as follows:
Principal $205.00
Director of Environmental Services / Analyses $185.00
Senior Project Planner $125.00
Primary Analyst $125.00
Associate Project Planner $100.00
Assistant Project Planner $90.00
Assistant Analyst $90.00
Word Processing $65.00
Reimbursable Expenses
Black/White Prints $0.10/page
Color Prints $1.00/page
11”x17” Color Prints $2.00/page
Postage At Cost
Other Cost plus
10%
Expert Witness Fee
If requested to be an expert witness by the City, the fees for deposition and testimony
will be billed at $350.00/hour.
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01247.0005/553298.1 5/8/2019 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely to ensure the prompt and timely
processing of all planning related applications and approval thereof by the planning
department, Planning Commission, and/or City Council.
II. Consultant shall timely deliver the any and all documents related to the Services, as
described in Section I of Exhibit “A”, to the City for the process ing of, and
approval, of any and all applications for development by the planning department,
Planning Commission, and/or City Council.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
IV. Unless earlier terminated in accordance with Article 7 of this Agreement, this
Agreement shall continue in full force and effect from and after the Effective Date of
this Agreement for a term of three (3) years (“Term”).
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STATEMENT OF QUALIFICATIONS
On-Call Planning Services and Environmental Review Services
Page i
April 22, 2019
Sandra Molina
City of Grand Terrace
Planning and Development Services Department
22795 Barton Road
Grand Terrace, CA 92313
RE: STATEMENT OF QUALIFICATIONS: ON-CALL FOR PLANNING SERVICES AND
ENVIRONMENTAL REVIEW SERVICES
Dear Ms. Molina:
Michael Baker International Inc. is pleased to submit this Statement of Qualifications for On-Call Planning
Services and Environmental Review Services. We understand the demands placed on planning and
development departments in small jurisdictions and are committed to helping our clients with cost-
effective solutions and flexible approaches, which build on the following highlights of our qualifications:
• We are local. We know the Inland Empire and live and work in communities throughout the
Counties of Riverside and San Bernardino, including the City of Redlands, the County of San
Bernardino, the City of Eastvale, and the County of Riverside. As a result, we have a keen
understanding of the issues and challenges faced by the City and it’s applicants.
• We are steadfast project managers with strong communication skills and technical expertise.
• We deliver high quality consulting services on time and within budget.
• We function as an extension of your staff and are available to work at your offices or at our
office in Ontario.
• We offer a wide range of bill rates and areas of expertise, which are available when you need
them without burdening your department with the day-to-day expenses of a larger staff.
Our team includes a highly responsive and experienced team of project managers and leaders including
Siri Champion, Emily Elliott, and Peter Minegar who are supported by Senior, Associate, and Assistant
level staff.
We appreciate the City’s consideration of our proposal. Should you have any questions or wish to discuss
the details of Michael Baker’s proposal, please do not hesitate to contact me at (858) 527 -7829 or
bstark@mbakerintl.com.
Sincerely,
Bob Stark, AICP
Principal-in-Charge
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STATEMENT OF QUALIFICATIONS
On-Call Planning Services and Environmental Review Services
Page ii
A. Qualifications of firm .....................................................................................................................1
About Michael Baker International ........................................................................................................... 1
Planning Services .................................................................................................................................. 1
Environmental Review Services ............................................................................................................ 3
B. Qualifications of Staff .....................................................................................................................5
Key Personnel ........................................................................................................................................... 5
Additional Staff ......................................................................................................................................... 8
C. Project List .....................................................................................................................................9
D. Subconsultants ............................................................................................................................ 13
E. List of References ......................................................................................................................... 13
F. Fee Schedule ................................................................................................................................ 13
G. Exceptions to the Professional Services Agreement ...................................................................... 13
Attachment B: Exceptions to the Professional Services Agreement .................................................... 14
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1
Response for Planning Services On-Call and Environmental Review On-Call Consultant Selection
Michael Baker International is a full-service planning, environmental,
and engineering firm with in-house experts qualified to provide all
planning and environmental review services anticipated, without the
need for subconsultants, based on the types of work identified in the
Request for Qualifications. The Michael Baker team will build on past and
current experience working on projects in and around Grand Terrace to
bring local expertise, insight from experiences shared by communities
across the Inland Empire, and a commitment to help Planning and
Development Services Department staff deliver exceptional planning,
environmental, and technical services.
Michael Baker, a Pennsylvania Corporation, is a full-service planning,
engineering, design, and construction firm working with both public and
private sector clients. The firm maintains a professional staff of
approximately 600 employees located in 13 offices throughout
California. Michael Baker offers the resources of more than 3,300
employees in 100 global office locations. Michael Baker is a strong,
financially stable firm, operating continuously since its founding in 1940.
The firm has served public and private sector clients in Southern
California for 78 years.
Michael Baker’s dedication to providing municipal planning
services has established our reputation as an industry
leader. We provide professional planning services as
extension of staff or as independent consultants to cities,
counties, state agencies, and special districts in an era of
limited financial resources. Public agencies, such as those
listed on the next page, have found the use of Michael Baker
planning staff to be an efficient and effective way to deal
with fluctuating workloads, state and federal mandates, and
local priorities—all while finding ways to continue to provide
effective and reliable customer service. For agencies that
need assistance with their short- and long-term staffing
requirements, we offer experienced and personable
planning professionals on a contract basis. We also provide
planning services as independent consultants on a task
order basis as well as dedicated, technical experts to
enhance and extend the reach of municipal clients.
Our consulting and staffing services
consist of providing:
▪ Experienced, technically astute planners
▪ Training and guidance for new legislation
including SB 743, 2017 and 2018 housing
packages, and more
▪ Grant-writing support to extend City
resources, including SB 2 allocation
▪ Staff for temporary or long-term needs
▪ Flexible staffing levels and classification
levels
▪ On-call, as-needed, and consulting
options
▪ Cost-effective staffing options
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Response for Planning Services On-Call and Environmental Review On-Call Consultant Selection
We structure staffing and planning services task orders to match an agency’s
needs. This can include a range of options such as the provision of:
▪ One contract staff employee on a part-time, short-term basis
▪ Multiple contract staff to cover an entire department’s needs on a long-
term basis
▪ Entry-level staff to work the planning counter and offer municipal staff
time to focus on current planning projects
▪ Experienced project managers and technical staff to take on special
projects or to lead an independent consultant team.
We build flexibility into our contract staffing and task order work programs to
better respond to what sometimes can be a fluctuating workload, resulting in cost
savings to our clients.
Michael Baker’s approach to assisting the City of Grand Terrace—and to all staffing
services we provide throughout California—is to work in close cooperation with
the City as a seamless extension of your own staff. Our planners bring significant
experience to their work, but we are of course cognizant of our role and the need
to implement the policy direction given by the City’s elected officials and the
procedures developed by internal departments. We will work with City staff to
fully understand not only the specifics of the projects we are assigned but the
history and background that will help us to create an analysis and
recommendation that reflects City policies and practices. Since we work for
agencies throughout the Inland Empire, California, and the United States, we can
also provide examples of successful programs, policies, and documents from other
agencies, which is something our clients have found particularly helpful.
Several of the proposed staff included in this proposal have provided staffing
support to organizations that perform similar functions as the City of Grand
Terrace. Emily Elliott, Siri Champion, Peter Minegar, Alex Pohlman, Renee
Gleason, and Kendell Hillis are all a part of the staffing support for the Cities of
Eastvale and Redlands. As part of those contracts, Michael Baker has task orders
for general staff support, including project management, coordination of
development projects, and implementation of the California Environmental
Quality Act (CEQA).
In responding to the City’s needs, Michael Baker is prepared to provide the City with a team of highly
experienced planners who are fully capable of successfully performing all tasks associated with the
processing of discretionary development applications, including General Plan amendments, zone changes,
development agreements, specific plans, site development permits, conditional use permits, variances,
and subdivision maps. Our staff will also prepare any necessary environmental documentation pursuant
to CEQA, which is discussed further under Environmental Review Services.
Michael Baker planners will be available on short-term notice to provide services on an as-needed, task
order basis for the processing of specific discretionary development applications. Our staff will perform,
Agency Staffing
Services
Cities
Avalon
Banning
Beaumont
Blythe
Bradbury
Burbank
Calimesa
Chino Hills
Citrus Heights
Covina
Eastvale
Elk Grove
El Segundo
Hemet
La Habra
Menifee
Palmdale
Paramount
Pasadena
Perris
Rancho Cucamonga
San Gabriel
Santa Paula
Sierra Madre
West Hollywood
Wildomar
Counties
Contra Costa
Marin
Monterey
Riverside
San Bernardino
Santa Clara
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Response for Planning Services On-Call and Environmental Review On-Call Consultant Selection
coordinate, and manage all the tasks associated with the processing of such applications. These tasks
include:
▪ Receiving and determining the completeness of applications.
▪ Reviewing applications for compliance with the General Plan, Zoning Ordinance, and applicable
development standards and other City policies and regulation.
▪ Preparing the appropriate environmental documentation in compliance with CEQA.
▪ Preparing staff reports and making recommendations to the City Council with accompanying
conditions of approval, resolutions, and ordinances, as necessary.
▪ Facilitating and participating in meetings and coordinating the exchange of comments among
applicants, City staff, other consultants, and the public during the review and processing of
applications, as necessary.
▪ Attending and making presentations on discretionary development applications at City Council
meetings, as necessary.
▪ Preparing all required notices for filing with appropriate county and state agencies.
Michael Baker has a range of staff available to provide the as-needed services being requested by the City,
from assistant to senior planners. We will assign the appropriate level of planner to serve as the case
planner for each project commensurate with the complexity of the development application being
processed. While our staff may be required to periodically attend meetings in the Grand Terrace area, our
work will be performed either on- or off-site, consistent with the direction provided by the City.
Michael Baker is recognized as an innovative and strategic partner in the preparation and processing of
environmental documents and supporting technical studies. We have successfully completed hundreds
of environmental documents in compliance with CEQA and the National Environmental Policy Act (NEPA)
for public agency clients. We have prepared environmental documents for a variety of project types from
land development/planning entitlements projects to long-range plans and programs to public works and
capital improvement projects. We coordinate regularly with local, state, and federal regulatory agencies
both during the environmental process and in acquiring regulatory permits/approvals for our clients.
Below is a description of our extensive capabilities regarding environmental services.
Environmental (CEQA Advising, Peer Review, IS/MND and EIR Preparation): Environmental documents
prepared in-house by Michael Baker’s technical staff address the full spectrum of environmental and
technical issues ranging from traffic and transportation to climate change. Michael Baker produces
environmental documents that are sensitive to both the public’s concern for resource protection and
community impacts, as well as real-world issues associated with cost and feasibility of implementing
mitigation measures. Our team has a thorough understanding of CEQA, NEPA, the Endangered Species
Act, Clean Water Act, Clean Air Act, National Historic Preservation Act, and other local, state, and federal
regulations.
Michael Baker also provides peer review of environmental documents and technical studies that are
supported by professionals with expertise in acoustics, air quality, climate change, traffic/transportation,
hydrology, water quality, water/wastewater, landscape architecture, urban design, policy planning,
structural design, civil engineering, GIS, mapping, and surveying.
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Response for Planning Services On-Call and Environmental Review On-Call Consultant Selection
Air Quality Studies/Health Risk Assessments: Michael Baker utilizes air quality models that are developed
by the U.S. Environmental Protection Agency, California Air Resources Board, and local air pollution
control districts. Michael Baker’s air quality services include project-specific analysis of regulatory impacts,
short-term construction emissions, and long-term operational emissions, and computer modeling of
source-specific pollutant emissions and dispersion analysis. Additionally, Michael Baker has carried out
mitigation programs for commercial, transportation, and industrial projects, as well as general plan air
quality elements. Michael Baker also prepares health risk assessments in accordance with the U.S.
Environmental Protection Agency and the California Office of Environmental Health Hazard Assessment
guidelines to evaluate potential health risks associated with toxic air contaminants. Our capabilities
include emission inventory preparation, meteorological air dispersion modeling, and risk calculation.
Greenhouse Gas Studies: Michael Baker’s climate change experts are at the forefront in developing sound
scientific regulatory assessments and strategies within the rapidly changing regulatory environment. We
advise both government and private industry on greenhouse gas (GHG) policies and methodologies and
the impact that they have on the new carbon-constrained business future. To ensure a sustainable future,
there is a great need to understand and manage GHG emissions in ways that promote economic growth.
Michael Baker has developed proprietary models for quantifying and analyzing GHGs from a variety of
direct and indirect sources including construction, vehicular traffic, electricity consumption, water
conveyance, and sewage treatment.
Biological Resources: Michael Baker has expert in-house biologists experienced with the federal and state
Endangered Species Acts, the Migratory Bird Treaty Act, the California Department of Fish and Game
Code, the Clean Water Act, and biological analyses under CEQA and NEPA. Michael Baker’s relationships
with wildlife agencies, regulatory agencies, federal land managers, and various conservation groups allow
the firm to serve as a liaison between the City and these agencies/organizations. Valued services provided
by Michael Baker include conducting habitat assessments to characterize the biological features of an
area, rapidly identifying any sensitive features, suggesting a compliance strategy to resolve identified
impacts, and working with the client to make sure their planning needs are met while meeting permitting
and mitigation requirements. Michael Baker biologists prepare general biological inventories, endangered
species/sensitive plant surveys, and biological monitoring. In consultation with resource agencies, Michael
Baker staff has extensive experience in mitigating biological resources impacts through
restoration/revegetation and conservation/mitigation banking.
Hazardous Materials/Environmental Site Assessment: Michael Baker provides a range of hazardous
materials assessments to meet our clients’ needs for various project types. Michael Baker has prepared
hundreds of Phase I Hazardous Materials Assessments for projects throughout California utilizing the
American Society for Testing & Materials (ASTM) standards for commercial real estate transactions
(E1527-05 and E1528-06), All Appropriate Inquiry (AAI), as well as appropriate protocol from lending
institutions and regulatory agencies. The comprehensive capabilities and professional experience of our
in-house staff allow Michael Baker to effectively and efficiently complete hazardous materials
assessments for any type of property. Michael Baker’s capabilities include Phase I Environmental Site
Assessments (ASTM E1527-05), Transaction Screens (ASTM E1528-06), Preliminary Hazardous Materials
Assessments, Environmental Baselines Surveys (for the U.S. Department of the Navy), and Initial Site
Assessments (for Caltrans).
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Response for Planning Services On-Call and Environmental Review On-Call Consultant Selection
Hydrology/Water Quality: Michael Baker has a broad base of experience that can provide a wide variety
of services to meet the challenges associated with stormwater quality. Current projects give the Michael
Baker team a unique and clear understanding of the requirements that the regulated community faces in
complying with court orders, fulfilling National Pollutant Discharge Elimination System (NPDES) permit
obligations, and other related stormwater activities. Our stormwater quality capabilities include the
identification of constituents of concern, research relative to best management practices (BMP)
effectiveness, BMP siting, design, construction, construction management and operation, and
maintenance and monitoring.
Noise and Vibration: Michael Baker’s acoustical services include instrument-assisted noise and vibration
field surveys, commercial and industrial stationary sources noise impact analyses, Federal Highway
Administration computer modeling of motor vehicle noise impacts for roadway and freeway projects, and
rail noise impact analysis. Michael Baker’s acoustical staff also evaluates sound insulation performance,
manufacturing and industrial noise impact mitigation, building exterior and interior sound and vibration
isolation analysis, and room acoustics, and prepares general plan noise elements. Services typically
provided include technical analysis for NEPA or CEQA documents, or focused studies used in planning and
civil design projects.
Traffic/Parking/Circulation: Michael Baker emphasizes traffic planning and design techniques to satisfy
the requirements of the study site and the adjacent areas. This is accomplished by utilizing any or all of
the following external study site traffic analyses.
▪ Trip generation / vehicle miles traveled
▪ Directional distribution of traffic
▪ Access design criteria
▪ Traffic signal considerations
▪ Adjacent land access needs
▪ Impact on existing streets
▪ Evaluation of alternate designs
▪ Intersection capacity utilization
Our goal is to achieve safe and efficient movement of vehicles and plan adequate parking facilities for the
projected land uses and economic growth. Currently, Michael Baker uses traffic models derived from data
collected at peak intervals to capture the current performance of the traffic system and simulate potential
need.
As Project Director, Bob Stark will be the main point of contact for the City of Grand Terrace. Bob prides
himself on client responsiveness and a commitment to budget and schedule expectations. He has
established himself as a trusted and highly competent manager over his 20+ year career as a CEQA
consultant and as a director of planning services staff for municipal governments in the Inland Empire.
As Planning Services Lead, Rameeta Garewal will work under Bob’s direction and prepare responses to
planning services task orders. They will hand-select the project manager or planner to meet the City’s
needs. Our bench of senior planners includes Siri Champion, Emily Elliott, and Peter Minegar. These
three have extensive experience working with community development departments, development
review committees, and project applicants to process land use applications through the planning and
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Response for Planning Services On-Call and Environmental Review On-Call Consultant Selection
environmental review process. They have gained this experience in communities throughout the Inland
Empire including the Cities of Big Bear Lake, Redlands, Eastvale, and Wildomar, as well as the Counties of
San Bernardino and Riverside.
Our key personnel will be supported by a talented team of Michael Baker community and environmental
planners.
KEY PERSONNEL ROLE
Bob Stark, AICP Project Director, Advisor, Primary Contact
Bob has 22 years of experience in the preparation and management of environmental
review documents pursuant to CEQA and NEPA. His expertise in guiding high-profile
and controversial projects through the rigors of state and federal environmental
review and permitting processes has made him a valued advisor to public agencies
throughout California. His broad base of knowledge ranges from air quality, noise, and
traffic analysis to habitat restoration and climate change. Bob is a member of the
American Institute of Certified Planners (AICP) and a highly regarded instructor of
professional-level seminars and continuing education courses on the topics of CEQA
and environmental impact analysis.
KEY PERSONNEL ROLE
Rameeta Garewal, AICP Planning Services Lead/Senior Project Manager
Rameeta specializes in regional and urban planning, and sustainability of
infrastructure and resources. She directs expert teams to meet clients’
requirements for comprehensive plans, specific plans, general plans,
sustainability programs, planned unit developments, zoning,
community/neighborhood plans, tentative mapping, design guidelines, and
streetscape standards. Rameeta’s areas of expertise include sustainability;
environmental and energy management systems; policy, land, and facilities
planning; development and permitting; and advisory services in infrastructure,
regulatory compliance, and capital improvement strategy.
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Response for Planning Services On-Call and Environmental Review On-Call Consultant Selection
KEY PERSONNEL ROLE
Siri Champion Lead Project Manager, Senior Staff Planner
Siri has more than 10 years of experience living and working in the Inland Empire as
a planning professional and has nearly 20 years of experience filling a variety of
roles as both contract and agency staff. Her roles have included assistant planning
director for the City of Eastvale, special projects manager for the County of San
Bernardino, active transportation and trail-planning advisor to the Rim of the World
Recreation and Parks District, and associate planner for the City of Big Bear Lake.
Her responsibilities have included intergovernmental relations, interpreting and
writing code, developer negotiation, public communications, economic
development initiatives, and processing commercial, residential, industrial, civic,
and special land use applications. Siri is known for staying calm during tense public engagement
scenarios. She seizes opportunities for new partnerships and innovation. Through grant writing,
capacity-building, and brokering new partnerships, she helps to pilot change-making projects focused
on underutilized areas where streets, sidewalks, infill lots, and public spaces may be used to promote
sustainability, resiliency, equity, and social cohesion.
KEY PERSONNEL ROLE
Emily Elliott, AICP Entitlements Lead, Senior Staff Planner
Emily has nine years of community and environmental planning experience in the
Inland Empire within both the public and private sectors. She is experienced with
processing land use entitlements for large and complex projects, reaching
consensus between City staff and project proponents, engaging with stakeholders,
and presenting to elected and appointed officials. Emily has processed a variety of
project types including capital improvements for recreation and infrastructure,
professional campus expansion, hotel development, single-family and multifamily
housing developments, use permits, shopping centers, downtown infill
development, and projects related to historic preservation. She has a
demonstrated record of processing general plan amendments, specific plan amendment, zone
changes, Williamson Act cancellation, agricultural preserve removal, historic designations, and site plan
and architectural reviews, as well as authoring code/plan amendments. She has a background in
environmental planning and assisting lead agencies and applicants with CEQA compliance.
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Response for Planning Services On-Call and Environmental Review On-Call Consultant Selection
KEY PERSONNEL ROLE
Peter Minegar, CEP-IT Environmental Review Services Lead/Senior Staff Planner
Peter is responsible for coordinating and undertaking environmental impact
analyses, project management, and public involvement. He has authored and
managed the preparation of environmental documents to satisfy CEQA/NEPA
requirements as well as other federal, state, and local requirements in California.
He typically serves as lead author/editor for the applicable CEQA/NEPA document
and as an environmental task leader and/or project manager. His project
experience is focused largely on private and public development projects in the
fields of land use, residential and commercial development, infrastructure/utilities,
industrial, schools, energy, and other municipal projects. He has assisted in the
coordination for agency and public meetings and participated in project presentations. Peter has
been involved in representing agency staff for a range of highly controversial projects subject to
scrutiny by the public, environmental organizations, and public agencies.
Additional Personnel Role Years of Experience Staffing Experience
Nicole Marotz, AICP,
LEED AP CEQA Planner 20 City of Grand Terrace
City of Wildomar
Darren Edgington, CEP-IT
CEQA and
Land Use Planner
20
City of Temecula
City of Eastvale
County of Riverside
Renee Gleason CEQA Planner 13 City of Eastvale
County of Riverside
Alex Pohlman, LEED AP,
EIT Environmental Planner 11 City of Eastvale
City of Redlands
Kendell Hillis Assistant Planner 3
County of Riverside
City of Redlands
Western Riverside Council
of Governments
Connor Szeto Assistant Planner 1 City of Eastvale
County of Riverside
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Response for Planning Services On-Call and Environmental Review On-Call Consultant Selection
The following pages include an overview of staffing and consulting services provided to municipal agencies
in San Bernardino and Riverside Counties. For each jurisdiction, a list of example task orders or projects is
included.
Michael Baker provides comprehensive land use entitlement
planning and processing services for the City of Redlands
Development Services Department, acting as extension of
City staff. Staff provided by Michael Baker is dedicated to a
single developer with multiple ongoing projects on an
aggressive timeline with the task of achieving high-quality
development in line with City standards while expediting the
development process and providing full-service project
review, management, and coordination.
▪ The Packing House District Shopping Center II:
Conditional Use Permit Revision, Variance,
Socioeconomic Cost Benefit Study, and EIR Addendum
▪ Escape Craft Brewery: Conditional Use Permit, Historic
Resource Designation, Historic Parking Modification, and Off-Site Parking Agreement
▪ Drive-through Coffee Shop: Conditional Use Permit, Traffic Impact Analysis, Off-Site Parking
Agreement
▪ J. Riley Distillery: Conditional Use Permit, Variance, Socioeconomic Cost Benefit Study, Off-Site
Parking Agreement
▪ Three-Story Parking Structure with Retail and Office Space: Conditional Use Permit, Variance,
Socioeconomic Cost Benefit Study
▪
▪
▪
▪
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Response for Planning Services On-Call and Environmental Review On-Call Consultant Selection
Michael Baker provided adjunct staffing and on-call
environmental consulting services to the City of Wildomar
beginning with the City’s incorporation, including all
planning department environmental services such as
current and advance planning.
Environmental services included:
▪ CEQA/NEPA
▪ Draft EIR review
▪ Feasibility and
appropriateness of
mitigation measures,
alternatives, and
consistency with City CEQA
guidelines
Issues and challenges arose
almost daily from meeting
California Department of Housing and Community Development
deadlines to craft an approved Housing Element and EIR to ensuring
staff reports and public notices are prepared and distributed on time to meet legal mandates. Michael
Baker staff met these challenges by maintaining close communication with the City’s Community
Development Director, City Attorney, and other planning staff. Staff would meet in person every week at
City Hall to review ongoing projects and identify potential upcoming issues and challenges so that
solutions were devised before problems occurred. Weekly coordination also helped control costs by
reviewing project budgets and billing status. Where potential budget issues were identified, staff worked
with the City to help identify cost-savings opportunities or scope for expanded services to be authorized
by the City to meet critical project needs. Because of this close coordination, the team did not exceed
project budgets or miss deadlines throughout the duration of the
contract.
Sample task orders include:
▪ Oak Creek Canyon Specific Plan Update EIR
▪ Wildomar General Plan Update EIR
▪ Housing Element Update EIR
▪ Cornerstone Church EIR
▪ Horizons EIR
▪ Wildomar Housing Element EIR
▪
▪
▪
▪
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Response for Planning Services On-Call and Environmental Review On-Call Consultant Selection
Michael Baker provides comprehensive planning services to
the City of Eastvale in western Riverside County. Michael
Baker serves directly as the City’s planning staff, providing
current and advance planning services, counter staffing,
facilitation of Planning Commission meetings, plan review,
preparing staff reports, CEQA compliance and review,
consultation with tribes per SB 18 and AB 52 requirements,
coordinating with other local and regional agencies, and
leading special projects like developing the City’s Economic
Development website. The Planning team routinely
coordinates with the City Manager, City Attorney, Public
Works team, and other key staff. Project examples include:
▪ Eastvale Crossings: The project involves the
development of a Walmart shopping center. Staff
processed the project application, conducted plan
review, and oversaw the preparation of an EIR to
satisfy CEQA.
▪ Goodman Business Center: The project involves the
development of an industrial and business park. Staff processed the application, conducted plan
review, and oversaw conditions of approval.
▪ The Campus: The project involves the development of an industrial park.
Originally processed by the City, the team processed an application to
modify the originally approved project and prepared an EIR Addendum.
▪ Costco: The project involves the development of a new commercial
shopping center. Staff work to efficiently review and process project
plans in time for a fall 2018 opening.
▪ Lewis Retail Center: The project involves the development of a new
retail center, and municipal center including a government center and
library. Staff is coordinating with the developer to process the
appropriate entitlements, peer-review technical reports, and oversee
the preparation of an EIR.
▪ Milliken Distribution Center: The project involves the development of a
new warehouse in the northern portion of the city. The planning team
is processing the project entitlements, coordinating with the Regional
Conservation Authority regarding potential impacts to Delhi sand
flower-loving fly, conducting AB 52 consultation, and preparing an
IS/MND to satisfy project CEQA requirements.
▪
▪
▪
▪
▪
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Response for Planning Services On-Call and Environmental Review On-Call Consultant Selection
Michael Baker has provided on-call planning and
environmental services for the County of Riverside since
2014. Services provided to the County include long-range
planning support including CEQA compliance
documentation, general plan amendments, zoning code
amendments, transit planning documents, community
engagement, GIS services and climate action plan support.
Key projects completed for the County include:
▪ Wine County Community Plan Program EIR (certified
March 2014)
▪ Wine Country Trails Plan Addendum EIR (approved
December 2017)
▪ 2014 Countywide General Plan Update, Climate
Action Plan, and Program EIR (approved and
certified December 2015)
▪ 5th Cycle Housing Element Update and Housing
Element Update EIR (certified December 2016)
▪ Lakeland Village Community Plan and Program EIR
(currently under development)
Michael Baker continues to provide support services to the County, including implementation support of
major long-range planning documents.
▪
▪
▪
▪
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Response for Planning Services On-Call and Environmental Review On-Call Consultant Selection
Michael Baker has the in-house resources and experience to meet the anticipated needs of the City of
Grand Terrace. As such, this proposal does not include any subconsultants.
City of Wildomar City of Eastvale
Matthew C. Bassi, Planning Director
Phone: (951) 677-7751
mbassi@cityofwildomar.org
Bryan Jones, City Manager
Phone: (951) 703-4411
bjones@eastvaleca.gov
City of Redlands County of Riverside
Brian Desatnik, Director, Development Services
Department
(909) 798-7555
bdesatnik@citasdfasdfyofredlands.org
Phayvanh Nanthavongdouangsy, Principal
Planner
Phone: (951) 955-6573
pnanthav@rivco.org
Fee schedule is submitted in a separate sealed envelope.
Michael Baker has reviewed the Professional Services Agreement provided by the City and has several
noted exceptions. These exceptions are attached herein as Attachment B. Michael Baker is available to
discuss any questions the City may have regarding the exceptions identified.
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AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
MICHAEL BAKER INTERNATIONAL
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AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
MICHAEL BAKER INTERNATIONAL
This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY
OF GRAND TERRACE AND MICHAEL BAKER INTERNATIONAL (herein “Agreement”) is
made and entered into this 14th day of May, 2019 by and between the City of Grand Terrace, a
California municipal corporation (“City”) and Michael Baker International, 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 the performance of the services, defined and described particularly
in Article 1 of this Agreement, pursuant to the City of Grand Terrace Municipal Code.
B. Consultant was selected by the City to perform those services more particularly
described in Article 1 of this Agreement..
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 Con sultant 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 the amounts set forth in Exhibit “C” (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 no t 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:
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Bob Stark, AICP, Project Director
(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 G. Harold Duffey, 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 t erms 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
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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 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 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.
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(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
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:
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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.
[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
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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;
(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.
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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 ac tions
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 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
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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 su ch 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 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:
Michael Baker International, a California
Corporation
By:
___________________________________
Name:
Title:
By:
___________________________________
Name:
Title:
Address: 3536 Concours Street, Suite 100
Ontario, CA 91764
_____________________________
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 provide on-call planning and environmental services to the City
(“Services”). Depending on the needs of each individual project, the Services more
specifically may include, but are not limited to, the following:
A. Planning Services including, but not limited to:
i. Initial Site Assessment
ii. Review project for completeness and compliance with the General Plan,
Zoning Ordinances, Barton Road Specific Plan (if applicable) Design
Guidelines, and all applicable codes and ordinances
iii. Prepare letters for Director’s review
iv. Attend Development Advisory Board meetings for the project
v. Coordinate comments from members of the Development Advisory Board
vi. Meet with applicants
vii. Coordinate the Project Review with CEQA Review
viii. Prepare public hearing notices, staff reports, resolutions and conditions of
approval
ix. Attend Planning and/or City Council meetings
x. File management for the project
xi. Plan Check review of projects including, but not limited to construction
plans, grading plan, landscape and irrigation plans, lighting plans, etc. for
compliance with conditions of approval.
B. Environmental Review Services, including, but not limited to:
i. Initial Site Assessment
ii. CEQA Initial Study to determine whether project requires EIR, MND, ND,
or CE
iii. Nosie Studies
iv. Air Quality
v. Transportation Studies
vi. Water Quality/Storm and Wastewater Control Management
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vii. Greenhouse Gas Emission Studies
viii. Biological and Cultural Resources Studies
ix. Environmental Mitigation Studies/Reports
x. Coordinate and distribute environmental documents and notices
xi. Mitigation Monitoring
xii. Preparation of Public Notices
xiii. Presentations at public meetings
xiv. Coordinate the CEQA Review with Project Review
C. Staff Augmentation with AB 18 and AB 52 Consultation
D. Prepare scope of work, budget, and schedule for assigned projects, to include
project coordination meetings with City Staff and applicant and all public meetings
and hearings.
E. Coordination with applicable agencies, including San Bernardino County
Departments, CalTrans, SCAQMD, Department of Fish and Wildlife, and any other
regulatory or advisory agencies related to project processing.
F. Assist City staff on City-initiated projects, as approved by the Contract Officer.
II. The Consultant has been selected to provide the Services which will be readily
available when needed for the fixed rates set forth in Exhibit C. However, before any
work is performed, the Consultant must provide a specific written Task Proposal for
any requested Services and get written approval of the terms of the Task Proposal
from the City, as such process is more fully described in the Work Request Procedure
below in Section III. Unless specifically defined, each category or type of work listed
in Exhibit C shall be construed broadly to include all services customarily described
under such category or type.
III. Work Request Procedure
A. Each task to be performed shall be set forth in a written request (“Request”)
produced by the Contract Officer with a description of the work to be performed,
and the time desired for completion. All tasks shall be carried out in conformity
with all provisions of this Agreement.
B. Following receipt of the Request, the Consultant shall prepare a “Task Proposal”
that includes the following components:
(1) a written description of the requested task (“Task Description”) including
all components and subtasks, and including any clarifications of the
descriptions provided in the Request;
(2) the costs to perform the task (“Task Budget”);
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(3) an explanation of how the cost was determined; and
(4) a schedule for completion of the task (“Task Completion Schedule”),
including a final completion date (“Task Completion Date”).
C. Contract Officer shall approve, modify, or reject the Task Proposal in writing, and
issue a Notice to Proceed when a written agreement has been reached on the Task
Proposal.
D. The task shall be performed at a cost not exceeding the Task Budget.
E. Consultant shall complete the task and deliver all deliverables to Contract Officer
by the Task Completion Date and in accordance with the Task Completion
Schedule.
IV. Consultant acknowledges that City has no obligation to request work from
Consultant under this Agreement. City may establish a rotation schedule with
multiple consultants, and may seek competing Task Proposals.
V. 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. Consultant shall provide to City a weekly written summary of progress on all
approved Task Proposals for services lasting longer than one week.
VI. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. Work products and timelines based on agreed upon scope of work for assigned
projects.
VII. 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.
VIII. Consultant will utilize the following personnel to accomplish the Services:
A. Bob Stark, AICP, Project Director
B. Rameeta Garewal, AICP, Planning Services Lead/Senior Project Manager
C. Siri Champion, Lead Project Manager, Senior Staff Planner
D. Emily Elliott, Entitlements Lead, Senior Staff Planner
E. Peter Minegar, CEP-IT, Environmental Review Services Lead/Senior Staff Planner
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. The following Sections are hereby added to Article 2:
2.6 CalPERS Exclusion. Under no circumstances shall any worker be assigned by Consultant
to provide City with continued service in excess of six months in accordance with California
Government Code section 20305. If a person is assigned by Consultant to perform work for the
City on a per diem basis, such person cannot work for City in excess of 125 days within a calendar
year. If a person is contracted to perform work for City by Consultant, in other than a per diem
basis, such person cannot perform work for City in excess of hours of services within the fiscal
year.
2.7 CalPERS Temporary Retired Annuitant. Unless approved by the Contract Officer, no
personnel of Consultant assigned to perform Services under this Agreement shall be a “retired
annuitant” from the California Public Employees Retirement System (CalPERS). Prior to
assigning any personnel of Consultant to perform any work for the City, Consultant shall identify
potential candidates to the Contract Officer that are “retired annuitants” from CalPERS. If
approved by the Contract Officer, under no circumstances shall a retired annuitant work more than
960 hours within a fiscal year. The compensation for the retired person shall be an hourly pay rate
that is within the salary schedule for the position and shall not exceed the maximum monthly base
salary paid to other employees performing comparable duties as listed on a publicly available pay
schedule divided by 173.333 to equal an hourly rate in accordance with California Government
Code section 21224. A retired person appointed pursuant to this Agreement shall not receive any
benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to
the hourly pay rate. A retired annuitant will not accrue service credit or any additional retirement
rights or benefits.
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the on-call services at the rates listed in Exhibit “C-1”. The
rates provided in Exhibit “C-1” may not be escalated during the term of this
Agreement. Consultant shall be compensated based upon the time and rates of the
personnel performing the tasks and itemizing materials and equipment utilized and
the costs thereof, which shall conform to the requirements provided in Exhibit “A”.
II. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice shall be accompanied by all Task Proposal’s for which
Consultant is requesting compensation. 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 subconsultant labor, supplies, equipment, materials, and
travel properly charged to the Services.
III. The total compensation for the Services shall be as follows:
A. For Services that will be reimbursed by an applicant/developer, the
maximum amount of compensation shall be established in accordance with
the procedure described in Section III of Exhibit “A”.
B. For Services provided under Section I.F of Exhibit “A” (City initiated
projects), there shall be a maximum total compensation of $25,000 during the
term of this Agreement.
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EXHIBIT “C-1”
RATE SCHEDULE
Consultant shall perform the Services under Exhibit A based upon an hourly, time, and
materials basis. Consultant shall also be compensated for reimbursements and out of pocket
expenses, provided that City approves such reimbursements and out of pocket expenses in writing.
Consultant’s rates are as follows:
Team Member Role Hourly Rate
Bob Stark, AICP Project Director/Advisor 235.00
Rameeta Garewal, AICP Planning Lead/Senior Project Manager 260.00
Siri Champion Lead Project Manager 175.00
Nicole Marotz, AICP, LEED AP CEQA Planner 160.00
Darren Edgington, CEP-IT CEQA Project Manager 155.00
Renee Gleason CEQA Planner 150.00
Peter Minegar, CEP-IT CEQA Lead 148.00
Emily Elliott, AICP Entitlements Lead 145.00
Alex Pohlman, EIT GIS Lead 130.00
Kendell Hillis GIS Planner 105.00
Connor Szeto Assistant Planner 80.00
A 3% escalation rate will apply to the above rates for each subsequent year of the contract
duration.
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Other Direct Costs:
Other Direct Costs: Mileage for travel to and from City offices to project sites would be reimbursed
at the applicable federal rate. Administrative costs (copies, mailing, etc.) will be billed at cost with
no markup (our current rates are listed below). Services for long-range planning and special projects
and environmental services will be billed in accordance with the terms established under specific
task orders.
Type of ODC Unit Cost Estimated
Budget Amount
8.5x11 b/w $ .04 $ EA
8.5x11 color $ .17 $ EA
11x17 b/w $ .18 $ EA
11x17 color $ . 34 $ EA
Full Size Plotting $ At cost $ Per SF
Outside Vendor Reprographics $ At Cost $
Mileage $ At Current Federal
Rate
$
Per Diem (Hotel & Incidentals) $ At Current Federal
Rate
$
Air Travel $ At Cost $
Certified Mailing $ At Cost $
Non-Standard/Specialized Software $ At Cost $
Non-Standard/Specialized Equipment $ At Cost $
Other Public Meeting Costs (venue rental, food, etc.) $ At Cost $
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely to ensure the prompt and timely
processing of all planning related applications and approval thereof by the planning
department, Planning Commission, and/or City Council.
II. Consultant shall timely deliver the any and all documents related to the Services, as
described in Section I of Exhibit “A”, to the City for the processing of, and approval,
of any and all applications for development by the planning department, Planning
Commission, and/or City Council.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
IV. Unless earlier terminated in accordance with Article 7 of this Agreement, th is
Agreement shall continue in full force and effect from and after the Effective Date of
this Agreement for a term of three (3) years (“Term”).
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Consultant List
On-Call Planning and Environmental Services
MIG 1500 Iowa Avenue, Suite 110 Riverside, CA 92507
Michael Baker International 3536 Concours Street, Suite 100 Ontario, CA 91764
T&B Planning 17542 East 17th Street, Ste 100 Tustin, CA 92780
McKenna Lanier 30520 Rancho California Rd Suite 107 Temecula, CA 92590
LSA Associates, Inc.1500 Iowa Avenue, Suite 200 Riverside, CA 92507
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AGENDA REPORT
MEETING DATE: May 14, 2019 Council Item
TITLE: Notice of Completion for the Dog Park and Settlement
Agreement with Clean Cut Landscaping
PRESENTED BY: Alan French, Public Works Director
RECOMMENDATION: Authorize the appropriation of $66,493 from the following
$54,254 from the General Fund bond proceeds; and
$12,239 from Measure I funds to fund the final payments to
Clean Cut Landscaping;
Direct Staff to file a Notice of Completion for the Dog Park
work completed by Clean Cut Landscaping; and
Approve the settlement agreement and authorize the Mayor
to execute the settlement agreement, subject to City
Attorney approval as to form, that authorizes the final
payment to Clean Cut Landscaping in the amount of
$102,645.67 (representing all final outstanding payments
due to Clean Cut Landscaping) as provided in the settlement
agreement.
2030 VISION STATEMENT:
This staff report supports 2030 Vision Goal #4 to develop and implement successful
partnerships by working collaboratively with community groups to facilitate the delivery
of services benefitting our youth, seniors and the community.
BACKGROUND/DISCUSSION:
On June 13, 2017, the City Council awarded a project to Clean Cut Landscaping
(“Contractor”) in the amount of $373,525.15, with a 5% contingency, for the Dog Park.
The project included demolition/clearing, earthwork and grading; civil street
improvements, furnishing and installation of site amenities, planting and irrigation, and
short-term landscape and irrigation maintenance to include plant establishment.
On November 19, 2018, Change Order No. 1 was executed. Change Order No. 1 added
two additional benches in the Dog Park. This increased the contract amount by an
additional $6,109.68.
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Additional work was p erformed on the project; however, a Change Order was never
executed expressly defining the additional work and the cost thereof. Work included site
clearing, fence changes, additional benches, revised drainage facilities and grading
work (“Additional Work”).
All work for the Dog Park was completed on April 17, 2018 and the Contractor
maintenance term ended November 25, 2018. However, the Additional Work
negotiations were not completed until February 2019. The Contractor and the City have
agreed that the cost of the Additional Work is $66,492.99, which is just under 18% of
the original contract amount.
With the original contract amount ($373,525.15), the amount of Change Order No. 1
($6,109.68), and the agreed upon amount of the Additional Work ($66,492.99), the total
project cost is $446,127.82. This amount is still $27,300 less than the next lowest bid
received for this project.
Of the $446,127.82 total project cost, the City has already paid $343,482.15 to the
Contractor. This leaves $102,645.67 remaining to be paid.
The City Attorney and staff have worked with the Contractor to resolve all disputes that
have arisen during the course of the project, including reaching agreement on the
amount of the Additional Work. The settlement agreement provides that, within 35 days
of the filing of the Notice of Completion (see below), t he City would provide for a final
payment of $102,645.67 to the Contractor. In turn, the Contractor would release the City
from any liability in relation to any alleged liability asserted by Contractor against the
City.
Assuming the settlement agreement is approved, a Notice of Completion for the Dog
Park Project would then be filed with the San Bernardino County Recorder’s Office to
close the project out.
FISCAL IMPACT:
The total cost of the Dog Park Project is $446,127.82. There have been two progress
payments made totaling $343,482.15. Within 35 days of filing the Notice of Completion,
the settlement agreement requires the City to make a final payment $102,645.67.
City staff further recommends that City Council authorize the appropriation of the Bond
Proceed and Measure I Funds to process the final progress payment and retention
payment to Clean Cut, direct staff to file the Notice of Completion and authorize the City
Manager to execute the Settlement Agreement with Clean Cut Landscaping.
Below are the approved bond proceeds projects to date with the proposed additional
amount for the Dog Park.
City of Grand Terrace
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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:
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
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:
10-955-800-103 Architecture & Planning Svcs (KTGY) $18,500
10-955-800-104 Purchase of Housing Authority Property $665,000
10-955-800-105 Mount Vernon Slope (grant writing services) $20,000
10-955-800-106 Barton Road Streetscape Plan (KTUA) $60,000
$763,500
Balance $1,108,763
Other City Council-Approved Priority Projects
Mount Vernon Slope $580,000
Sidewalk & Storm Drains on Michigan $300,000
Proposed 4/23/19 Michigan Walkable Street Plan (KTUA) $74,509
Barton Road Business Sign Program $100,000
$1,054,509
Net $54,254
Proposed 4/23/19 Notice of Completion for Dog Park $54,254
Balance $0
ATTACHMENTS:
• (Clean Cut - Dog Park) Settlement Agreement and Release (DOC)
• Notice of Completion (PDF)
• Settlement Agreement (PDF)
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APPROVALS:
Alan French Completed 04/15/2019 12:49 PM
City Attorney Completed 05/08/2019 7:01 PM
Finance Completed 05/08/2019 7:14 PM
City Manager Completed 05/08/2019 7:51 PM
City Council Pending 05/14/2019 6:00 PM
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SETTLEMENT AGREEMENT & GENERAL RELEASE OF ALL CLAIMS
This Settlement Agreement and General Release of All Claims (the “Agreement”) is
entered into by and between CLEAN CUT LANDSCAPE, INC., a California corporation (the
“Contractor” or “Clean Cut”), and the CITY OF GRAND TERRACE a municipal corporation
(the “City”), (collectively, the “Parties”, and individually, “Party”) with reference to the
following recitals:
RECITALS
WHEREAS, on or about June 13, 2017, the City and Contractor entered into a
“Contractors Agreement” in which Contractor agreed to construct certain improvements at the
City’s Dog Park located at 22720 Vista Grande Way, Grand Terrace, CA 92313 (the “Dog Park”)
and to provide certain landscape and irrigation maintenance at the Dog Park with a total contract
sum of $373,525.15 (the “Original Agreement”).
WHEREAS, on or about November 19, 2018, City and Contractor executed Change
Order No. 1 to the Original Agreement, which required the Contractor to install an additional two
benches in the Dog Park and required City to compensate Contractor for such services and which
accordingly increased the total contract sum of the Original Agreement by $6,109.68 (the
“Change Order No. 1”).
WHEREAS, the Contractor carried out certain work in addition to the work contemplated
by the Original Agreement and Change Order No. 1; the additional work, which includes the
installation of extra curb heights, and the quantity adjustments for work done under the Original
Agreement, Change Order No. 1 and the aforementioned additional work (the “Additional
Work”). The Parties mutually agree that the cost of the Additional Work is $66,492.99.
WHEREAS, therefore, the total not exceed contract sum of the Original Agreement,
Change Order No. 1, and the Additional Work is $446,127.82 (the “Total Cost”).
WHEREAS, a dispute between the Parties arose when, after the Additional Work was
completed, Contractor alleges that (1) there have been numerous delays in the completion of the
improvements contemplated by the Original Agreement, Change Order No. 1, and the Additional
Work, which have also resulted in Contractor in not being paid in a timely manner; (2)
Contractor carried out the Additional Work prior to the City Council approving an additional
change order for the Additional Work in good faith reliance upon the City’s representations that
Contractor will be compensated; and (3) Contractor has suffered injuries due to alleged delays
by the City (the “Dispute”).
WHEREAS, the work set forth in the Original Agreement, Change Order No. 1, and the
Additional Work has been completed by Contractor to the satisfaction of the City.
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WHEREAS, the City has paid $343,482.15 of the Total Cost to Contractor prior to the
Effective Date of this Agreement.
WHEREAS, the City has not paid the final payment amount of $102,645.67 (the “Final
Payment”), which includes the remaining unpaid portion of the Additional Work ($66,492.99),
the remaining unpaid portion of Change Order No. 1 ($6,109.68), the remaining unpaid portion
of the Original Agreement ($11,964.99), and the retention amounts for all payments made by the
City to Contractor prior to the Effective Date of this Agreement ($18,078.01).
WHEREAS, the City intends to approve and file a Notice of Completion for all work
completed by the Contractor pursuant to the Original Agreement, Change Order No. 1, and the
Additional Work with the County of San Bernardino Assessor-Recorder-County Clerk’s Office.
WHEREAS, to resolve the Dispute, City agrees to pay Contractor the Final Payment and
Contractor agrees to release the City from all liability relating the Original Agreement, Change
Order No. 1, the Additional Work, and all other work performed by Contractor in relation to the
Dog Park, as set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, for full and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, and based upon the foregoing recitals and the
terms, conditions, covenants, and agreements contained herein, all Parties hereto agree as
follows:
1. Recitals. All of the foregoing Recitals above are to be deemed true and material
statements upon which this Agreement is based and the terms therein are deemed agreed upon by
all Parties.
2. Effective Date. This Agreement shall become effective as of the date all Parties
have signed the Agreement (the “Effective Date”).
3. Settlement. As provided for by this Agreement, the Parties desire to fully settle
all outstanding claims, burdens, obligations, liabilities, costs and expenses associated with the
Dispute. Following the mutual execution and delivery of this Agreement, the Parties agree to do
the following:
3.1 City shall pay the Final Payment to Contractor within thirty (35) days of
filing of a Notice of Completion with the County of San Bernardino Assessor-Recorder-County
Clerk’s Office by the City for work completed under the Original Agreement, Change Order No.
1, and the Additional Work. Thereafter, Contractor shall not be entitled to any additional money
or compensation, including interest, other than the Final Payment for any matter relating to the
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Dispute, including to the Original Agreement, Change Order No. 1, the Additional Work, and
any other work Contractor may have performed in relation to the Dog Park;
3.2 Contractor agrees that all terms and conditions in the Original Agreement,
including any amendments and/or change orders as may be applicable, shall apply to the
Additional Work and any other work performed by Contractor in relation to the Dog Park.
4. Mutual Release. For valuable consideration, the receipt and adequacy of which
are hereby acknowledged, City and Contractor do hereby each mutually release and discharge the
“Releasees” hereunder, consisting of City and Contractor (including, without limitation, any
Parties’ elected and/or appointed public officials, officers, employees, and agents, including, each
and all of them and (as the case may be) each of the Parties’ respective associates, predecessors,
successors, heirs, assignees, agents, directors, officers, employees, representatives, lawyers, and
all persons acting by, through, under or in concert with them, or any of them) of and from any
and all manner of action or actions, cause or causes of action, in law or in equity, suits, debts,
liens, contracts, agreements, promises, liability, claims, demands, damages, loss, cost or
expenses, of any nature whatsoever, known or unknown, fixed or contingent (hereinafter called
“Claims”), which the Parties now have or may hereafter have against the Releasees, or any of
them, by reason of any matter, cause, or thing whatsoever from the beginning of time to the date
hereof for any and all Claims constituting, arising out of, or based upon the Dispute, including
the Original Agreement, Change Order No. 1, Additional Work, and any other work completed
by Contractor in relation to the Dog Park. This Mutual Release shall not apply to (a) any and
all warranties, whether express or implied, provided for by the Original Agreement,
Change Order No. 1, and Paragraph 3.2 of this Agreement; and (b) any matter related to
the provisions of the Original Agreement, Change Order No. 1, and Paragraph 3.2 of this
Agreement relating to insurance, indemnification, and bonds, which shall remain in full
force and effect.
5. Indemnity. In addition to any other obligation to indemnify, defend, and hold
harmless the City, Contractor agrees to indemnify and defend City, its officers, agents and
employees against, and will hold and save them and each of them harmless from, any and all
actions, suits, claims, liens, damages to persons or property, losses, costs, penalties, obligations,
or liabilities (herein “Claims or Liabilities”) that may be asserted or claimed by any person, firm
or entity arising out of or in connection with this Agreement and Contractor’s work under the
Original Agreement, Change Order No. 1, the Additional Work, or any other work by Contractor
in relation to the Dog Park, including, but not limited to, Claims and Liabilities by any insurance
and/or bonding companies. Contractor shall 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
attorneys’ fees incurred in connection therewith, and any judgment resulting therefrom.
6. Discovery of Different or Additional Facts. The Parties acknowledge that they
may hereafter discover facts different from or in addition to those that they now know or believe
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to be true with respect to the claims, demands, causes of action, obligations, damages, and
liabilities of any nature whatsoever that are the subject of the Release set forth in Paragraph 4 of
this Agreement, and expressly agree to assume the risk of the possible discovery of additional or
different facts, and the Parties agree that this Agreement shall be and remain effective in all
respects regardless of such additional or different facts.
7. Release of Unknown Claims. Except as expressly provided herein this
Agreement, the Release set forth above in Paragraph 4 of this Agreement is a release of ALL
claims, demands, causes of action, obligations, damages, and liabilities of any nature whatsoever
that are described in the Release and is intended to encompass all known and unknown, foreseen
and unforeseen claims which the Parties may have arising out of the Dispute (including those
relating to the Original Agreement, Change Order No. 1, the Additional Work, and any other
work completed by Contractor in relation to the Dog Park), except for any claims which may
arise from the terms of this Agreement.
8. Waiver of Civil Code Section 1542. Except as provided herein this Agreement,
the Parties expressly agree to waive and relinquish all rights and benefits they may have against
the each other under Paragraph 4 of this Agreement based on Section 1542 of the Civil Code of
the State of California. The Parties understand and acknowledge that Section 1542 reads as
follows:
" §1542. [General release; extent] A general release does not
extend to claims that the creditor or releasing party does not
know or suspect to exist in his or her favor at the time of
executing the release and that, if known by him or her, would
have materially affected his or her settlement with the debtor
or released party."
____________
Contractor’s Initials
___________
City’s Initials
After reading and understanding Civil Code section 1542, the City and Contractor
voluntarily waive the application of Section 1542 to this Agreement, except as expressly
provided herein this Agreement. The City and Contractor understand and acknowledge that the
significance and consequence of this waiver is that even if the City or Contractor should
eventually suffer additional damages arising out of the Dispute, including the Original
Agreement, Change Order No. 1, Additional Work, and any other work completed by Contractor
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in relation to the Dog Park, the City and Contractor will not be permitted to make any claim
against the other party for those damages. Furthermore, the City and Contractor acknowledge that
the City and Contractor intend these consequences even as to claims for damages that may exist,
and which, if known, would materially affect the City or Contractor’s decision to execute this
Agreement, regardless of whether the City or Contractor’s lack of knowledge is the result of
ignorance, oversight, error, negligence, or any other cause.
9. No Other Pending Actions. The Parties represent that they have not filed any
complaints, claims, or charges against each other with any local, state or federal agency or court;
and that if any such agency or court assumes jurisdiction of any complaint or charge against
either of the Parties, or its respective predecessors, successors, heirs, assigns, employees,
shareholders, officers, directors, agents, attorneys, subsidiaries, divisions or affiliated
corporations or organizations, whether previously or hereafter affiliated in any manner, on behalf
of such Party, whenever filed, the other Party will request such agency or court to withdraw and
dismiss the matter forthwith.
10. No Admission of Liability. The Parties acknowledge and agree that this
Agreement is a settlement of disputed claims. Neither the fact that the Parties have settled nor
the terms of this Agreement shall be construed in any manner as an admission of any liability by
any Party hereto, or any of its employees, or an affiliated person(s) or entity/ies.
11. No Assignment of Claims. The Parties each warrant that they have made no
assignment, and will make no assignment, of any claim, cause of action, right of action or any
right of any kind whatsoever, embodied in any of the claims and allegations referred to herein,
and that no other person or entity of any kind had or has any interest in any of the demands,
obligations, actions, causes of action, debts, liabilities, rights, contracts, damages, attorneys' fees,
costs, expenses, losses or claims referred to herein.
12. Successors and Assigns. This Agreement, and all the terms and provisions
hereof, shall be binding upon and shall inure to the benefit of the Parties and their respective
heirs, legal representatives, successors and assigns.
13. Knowing and Voluntary. This Agreement is an important legal document and in
all respects has been voluntarily and knowingly executed by the Parties hereto. The Parties
specifically represent that prior to signing this Agreement they have been provided a reasonable
period of time within which to consider whether to accept this Agreement. The Parties further
represent that they have each carefully read and fully understand all of the provisions of this
Agreement, and that they are voluntarily, knowingly, and without coercion entering into this
Agreement based upon their own judgment. The Parties further specifically represent that prior
to signing this Agreement they have conferred with their counsel to the extent desired concerning
the legal effect of this Agreement.
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14. Assistance of Counsel. The Parties each specifically represent that they have
consulted to their satisfaction with and received independent advice from their respective counsel
prior to executing this Agreement concerning the terms and conditions of this Agreement.
15. Attorneys’ Fees and Costs. Each Party shall bear its own attorneys’ fees and
costs in all respects and as to all matters relating to this Agreement and the Dispute.
16. Counterparts. This Agreement may be executed in multiple counterparts, each
of which shall be considered an original but all of which shall constitute one agreement.
17. Singular and Plural. Whenever required by the context, as used in this
Agreement the singular shall include the plural, and the masculine gender shall include the
feminine and the neuter, and the feminine gender shall include the masculine and the neuter.
18. Enforcement Costs. Should any legal action be required to enforce the terms of
this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and costs in
addition to any other relief to which that Party may be entitled.
19. Injunctive Relief for Breach. The Parties acknowledge and agree that any
material violation of this Agreement is likely to result in immediate and irreparable harm for
which monetary damages are likely to be inadequate. Accordingly, the Parties consent to
injunctive and other appropriate equitable relief upon the institution of proceedings therefor by
any other Party in order to protect the rights of the Parties under this Agreement. Such relief
shall be in addition to any other relief to which the Parties may be entitled at law or in equity.
20. No Third Party Beneficiaries. No person or entity shall be deemed to be a third
Party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to
confer upon any person or entity, other than the Parties hereto, any rights, remedies, obligations
or liabilities under or by reason of this Agreement, except as set forth in Paragraph 12, above.
21. Severability. Should any portion, word, clause, phrase, sentence or paragraph of
this Agreement be declared void or unenforceable, such portion shall be considered independent
and severable from the remainder, the validity of which shall remain unaffected.
22. Headings. Headings at the beginning of each numbered section of this
Agreement are solely for the convenience of the Parties and are not a substantive part of this
Agreement.
23. Ambiguity. The Parties acknowledge that this Agreement was jointly prepared
by them, by and through their respective legal counsel, and any uncertainty or ambiguity existing
herein shall not be interpreted against any of the Parties, but otherwise shall be interpreted
according to the application of the rules on interpretation of contracts.
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24. Waiver. Failure to insist on compliance with any term, covenant or condition
contained in this Agreement shall not be deemed a waiver of that term, covenant or condition,
nor shall any waiver or relinquishment of any right or power contained in this Agreement at any
one time or more times be deemed a waiver or relinquishment of any right or power at any other
time or times.
25. Governing Law and Jurisdiction. This Agreement is made and entered into in
the State of California, and shall in all respects be interpreted, enforced and governed under the
laws of said State without giving effect to conflicts of laws principles. If any Party to this
Agreement brings a lawsuit to enforce or interpret this Agreement, the lawsuit shall be filed in
the Superior Court for the County of San Bernardino, California.
26. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties who have executed it and supersedes any and all other agreements, understandings,
negotiations, or discussions, either oral or in writing, express or implied between the Parties to
this Agreement. The Parties to this Agreement each acknowledge that no representations,
inducements, promises, agreements, or warranties, oral or otherwise, have been made by them, or
anyone acting on their behalf, which are not embodied in this Agreement, that they have not
executed this Agreement in reliance on any such representation, inducement, promise, agreement
or warranty, and that no representation, inducement, promise, agreement or warranty not
contained in this Agreement, including, but not limited to, any purported supplements,
modifications, waivers, or terminations of this Agreement shall be valid or binding, unless
executed in writing by all of the Parties to this Agreement.
27. Modifications. Any alteration, change, or modification of or to this Agreement
shall be made by written instrument executed by each Party hereto in order to become effective.
28. Authority to Bind. Each of the Parties represents, warrants and agrees that any
person executing this Agreement on its behalf has the full right and authority to enter this
Agreement on behalf of that Party and has the full right and authority to execute this Agreement
and to fully bind that Party to the terms and obligations of this Agreement and that the execution
and consummation of this Agreement will not result in any breach of, contravene any provision
of, violate or constitute a default under any article of incorporation, charter, bylaw, mortgage,
indenture, contract, agreement, instrument, judgment, statute, rule, or regulation to which that
Party is subject, and there is no claim or assertion or potential claim or assertion to the contrary.
Each of the persons signing this Agreement on behalf of one or more of the Parties hereto makes
the same warranties reference above.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the undersigned have executed this Settlement Agreement
and Release of All Claims, consisting of a total of 8 pages, and agree to all of the above terms
and conditions, on the dates set forth below.
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
APPROVED AS TO FORM:
___________________________________
Contractor’s Legal Counsel
CONTRACTOR:
CLEAN CUT LANDSCAPE, INC., a
California corporation
By:_________________________________
Name:
Title:
Address: ____________________________
____________________________
____________________________
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City Manager of
Debra Thomas, City Clerk
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
City of Grand Terrace
22795 Barton Road, Grand Terrace, CA 92313
2/23/2018
Construction of a dog park including ldscaping, irrigation and fencing. APN 0276 -462-10-0000
Clean Cut Landscape
June 13, 2017
Grand Terrace
San Bernardino On Vista Grande Way
300 feet north of Grand Terrace Road.
22720 Vista Grande Way, Grand Terrace, CA 92313
March 26, 2019
Grand Terrace
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G.13.cPacket Pg. 348Attachment: Settlement Agreement (Notice of Completion for Dog Park and Settlement Agreement with Clean Cut Landscaping)
AGENDA REPORT
MEETING DATE: May 14, 2019 Council Item
TITLE: Approval of Contract with the Boys & Girls Clubs of Greater
Redlands-Riverside to Provide the City of Grand Terrace’s
2019 Summer Swim Program in the Amount Not to Exceed
$25,198.00
PRESENTED BY: Cynthia Fortune, Assistant City Manager
RECOMMENDATION: 1. Waive the Competitive Bidding Requirement for the 2019
City of Grand Terrace Summer Swim Program; and
2. Approve Contract with The Boys & Girls Clubs of Greater
Redlands-Riverside to Provide the City of Grand Terrace’s
2019 Summer Swim Program in the Amount Not to Exceed
$25,198.00, subject to City Attorney approval as to form; and
3. Authorize the City Manager to Execute the Agreement
Between the City of Grand Terrace and the Boys & Girls
Club of Greater Redlands-Riverside for the 2019 Summer
Swim Program, subject to City Attorney approval as to form .
2030 VISION STATEMENT:
This staff report supports Goal 3; to Promote Economic Development and Goal 4; to
Develop and Implement Successful Partnerships.
BACKGROUND:
On May 24, 2016, the City Council approved an agreement with the Boys & Girls Club
of Greater Redlands-Riverside to operate the City of Grand Terrace’s 2016 Summer
Swim Program. The program operated for six weeks, mornings and afternoons, Monday
through Friday and provided the public with swim sessions for adults and seniors,
lessons for youth, as well as open swim. In 2018, the Summer Swim Program returned
on a limited basis as a part of the City’s Summer Rec reational Activities Program,
serving the community on Fridays and Saturdays. The program had excellent
attendance and demonstrated a need in the community for expanded Summer Swim
Program hours.
The Summer Swim Program is a partnership that has been established between the
City of Grand Terrace and the Colton Joint Unified School District (CJUSD). While
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CJUSD provides the City with the facility, it is the City’s responsibility to implement the
Summer Swim Program. The goal of the Summer Swim Program is to provide all ages
the opportunity to enjoy swimming in a safe and positive environment, mornings and
afternoons, throughout the week, at Grand Terrace High School. In order to implement
a full comprehensive program, the City must partner with another organ ization to
operate the program.
DISCUSSION:
Due to our limited staffing capacity, it isn’t feasible for the City to hire staff and manage
a Summer Swim Program. Therefore, a partner must operate the Summer Swim
Program on behalf of the City of Grand Ter race. The partner would manage all aspects
of the program, including promotion, setup, teaching and employment of certified life
guards. On January 16th, 2019, the City requested a proposal services from The Boys
& Girls Club of Greater Redlands-Riverside for the 2019 Summer Swim Program. The
proposal requested a return to the expanded 2016 Summer Swim Program format.
The program proposal received would provide six weeks of availability to the Grand
Terrace High School pool, from Monday, June 17th, through Friday, July 26th. Program
hours were adjusted per availability of the facilities, and would provide youth, adults and
seniors designated times for swim sessions, or lessons, as well as the option of open
swim in the afternoons. The cost of the program p roposed is not to exceed $25,198.00.
Having utilized the Boys & Girls Clubs for its Summer Swim Program in 2016, City staff
opted not to follow the competitive bidding process. Several costs were considered with
respect to the competitive bidding process, including the cost of going out to bid and the
cost of any delays to the program which may result in a crimped program negatively
impacting attendance. The City also recognizes the value of the efficiency and quality of
professionalism which would be gained from working with a long-standing organization
and past partner, which previously administered a similar program, customized to the
needs of the community before. Staff believes that all this considered makes the Boys
and Girls Club the best cost-saving option to implement our comprehensive Summer
Swim Program.
In addition to providing a safe and positive environment for Grand Terrace youth to
learn to swim and improve their swimming abilities, as well as a way for adults and
seniors to exercise, The Boys & Girls Clubs of Greater Redlands-Riverside would also
like to hire a responsible male and female student, or recent graduate, to be a Jr.
Lifeguard for the 2019 Summer Swim Program. This will provide two young Grand
Terrace residents an opportunity to develop professional skills and earn money.
FISCAL IMPACT:
Funds ($25,198.00) for the 2019 Summer Swim Program are available in the City
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Manager’s 2018-19 Adopted Budget, Professional and Contractual Services account as
shown below:
Fund Account Amount
General
Fund – 100
10-120-250: City Manager’s Office, Professional &
Contractual Services Budget
$61,000.00
Expenditures to-date ($29,891.50)
Balance available for the 2019 Summer Swim
program
$31,108.50
ATTACHMENTS:
• Boys and Girls Club Swim 2019 Summer Swim Program (DOCX)
• Proposal-Grand Terrace Swimming 2019-04 (APR V5) (PDF)
APPROVALS:
Cynthia A. Fortune Completed 05/08/2019 6:30 PM
City Attorney Completed 05/08/2019 6:45 PM
Finance Completed 05/08/2019 7:55 PM
City Manager Completed 05/08/2019 8:19 PM
City Council Pending 05/14/2019 6:00 PM
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AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
THE BOYS & GIRLS CLUBS OF GREATER REDLANDS-RIVERSIDE
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AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
THE BOYS & GIRLS CLUBS OF GREATER REDLANDS-RIVERSIDE
This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF
GRAND TERRACE AND THE BOYS & GIRLS CLUBS OF GREATER REDLANDS -
RIVERSIDE” (herein “Agreement”) is made and entered into this ____ day of May, 2019 by and
between the City of Grand Terrace, a California municipal corporation (“City”) and The Boys &
Girls Clubs of Greater Redlands-Riverside, a California nonprofit 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
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quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
professional standards” shall mean those standards of practice recognized by one or more 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 Twenty Five Thousand One Hundred Ninety Eight Dollars ($25,198) (the
“Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
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
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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 Cit y 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.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
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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:
(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,
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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 ind ependent
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.
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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
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
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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.
[to be initialed] ______________
Consultant Initials
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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;
(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
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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
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
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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.
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
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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
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
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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 le gal 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.
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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.
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.
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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,
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.
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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.
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 vi olation of any State statute or
regulation, including but not limited to the Political Reform Act (Government Code Sections 81000,
et seq.)
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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]
G.14.a
Packet Pg. 369 Attachment: Boys and Girls Club Swim 2019 Summer Swim Program (2019 Summer Swin Program)
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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:
The Boys & Girls Clubs of Greater Redlands-
Riverside, a California nonprofit corporation
By: ___________________________________
Name:
Title:
By: ___________________________________
Name:
Title:
Address: 1251 Clay Street
Redlands, CA 92374
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.
G.14.a
Packet Pg. 372 Attachment: Boys and Girls Club Swim 2019 Summer Swim Program (2019 Summer Swin Program)
01247.0001/553343.2 5/8/2019 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. In coordination with the City, Consultant shall implement and operate a swimming
and swimming instruction program beginning on Monday, June 17, 2019 and ending
on Friday, July 26, 2019 (“Program”). The Program shall be implemented and
operated pursuant to the Schedule of Performance provided in Exhibit “D” and
provided at the following address:
Grand Terrace High School
21810 Main St.
Grand Terrace, CA 92313
Consultant shall coordinate with the City to determine the exact location of the pool
to be utilized pursuant to this Agreement (“Pool Site”).
B. Program activities at the Pool Site include but are not limited to “Open Swim,”
“Senior & Adult Swim,” and “Youth Swim Lessons.” Consultant shall coordinate
with City for the purpose of carrying out these activities.
C. Consultant shall provide a supervising life guard, two regular life guards, and two
junior life guards in-training at the Pool Site at all times when the Program is
scheduled to occur pursuant to Exhibit “D.”
D. When the Program is scheduled to occur pursuant to Exhibit “D,” Consultant’s staff
shall arrive at least 30 minutes prior to the commencement of the Program for the
purpose of Pool Site set-up; complying with pool safety checklist procedures
(checklist procedures shall be in a form approved by the City); carrying out any other
activities necessary to securely and safely open the Pool Site; and opening the
Program/Pool Site. Additionally, Consultant’s staff shall stay 30 minutes after the
scheduled closure of the Program for the purpose of securing the Pool Site;
complying with pool safety checklist procedures (checklist procedures shall be in a
form approved by the City); carrying out any other activities necessary to secure and
close the Pool Site; and closing the Pool Site.
E. Consultant shall ensure that all individuals sign a waiver of liability releasing the
City from liability and indemnifying and holding harmless the City in relation to the
Program prior to allowing such individuals to engage in any of the Program
activities. Such waiver of liability shall be in a form approved at the sole and
absolute discretion of the City.
F. Consultant shall be responsible for all of its costs in carrying out the Services under
this Agreement, including but not limited to Consultant’s staff compensation, any
taxes that may be owed by Consultant, expenses, indirect costs, life guard equipment
and uniforms, and any insurance riders or policies relating to this Agreement.
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II. As part of the Services, Consultant will prepare and deliver the following tangible work
products:
A. Consultant shall produce and distribute 5,000 postcards for the purpose of advertising
the Program.
i. The form and content of the postcards shall be approved by the City in
writing prior to printing and distribution.
ii. By May 27, 2019, Consultant shall deliver 4,750 postcards to the following
schools located in the City in the following manner: Grand Terrace High
School (2,200 postcards), Terrace Hills Middle School (1,038 postcards),
Grand Terrace Elementary School (735 postcards), and Terrace View
Elementary School (777 postcards).
iii. By May 27, 2019, Consultant shall deliver 250 postcards to the City for its
use.
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 providing such
updates as the City may require 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.
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. If Consultant has fully complied with the requirements of this Agreement and there are
no disputes relating to Consultant’s performance of Services under this Agreement,
then Consultant shall be paid in two lump sums as follows:
A. On June 28, 2019, City will pay Consultant a lump sum of $12,599.00.
B. On July 26, 2019, City will pay Consultant a lump sum of $12,599.00.
II. The City will only compensate Consultant for the Services performed upon submission
of a valid invoice as provided above. Each invoice is to include (to the extent
applicable):
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.
III. The total compensation for the Services shall not exceed $25,198.00 as provided in
Section 2.1 of this Agreement.
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the following schedule:
Table 1
Program Schedule
for June 17, 2019 through July 3, 2019
Monday through Friday
Time Activity
2:00 p.m. to 2:30 p.m. Pool Site Set-up & Safety Check
(See Section I(D) of Exhibit “A”)
2:30 p.m. to 6:00 p.m. Open Swim
6:00 p.m. to 6:30 p.m. Pool Site Close down & Lock-up
(See Section I(D) of Exhibit “A”)
Table 2
Program Schedule
for Saturday, June 22, 2019 and Saturday, June 29, 2019
Time Activity
8:30 a.m. to 9:00 a.m. Pool Site Set-up & Safety Check
(See Section I(D) of Exhibit “A”)
9:00 a.m. to 10:00 a.m. Senior & Adult Swim
10:00 a.m. to 12:00 p.m. Youth Swim Lessons
12:00 p.m. to 1:00 p.m. Pool Site Closed for Lunch Break
1:00 p.m. to 4:45 p.m. Open Swim
4:45 p.m. to 5:15 p.m. Pool Site Close down & Lock-up
(See Section I(D) of Exhibit “A”)
Table 3
Program Schedule
for July 5, 2019 through July 26, 2019
Mondays, Wednesdays, Thursdays, Fridays
(See Table 3.1 for Tuesday schedule)
Time Activity
8:30 a.m. to 9:00 a.m. Pool Site Set-up & Safety Check
(See Section I(D) of Exhibit “A”)
9:00 a.m. to 10:00 a.m. Senior & Adult Swim
10:00 a.m. to 12:00 p.m. Youth Swim Lessons
12:00 p.m. to 1:00 p.m. Pool Site closed for Lunch Break
1:00 p.m. to 4:45 p.m. Open Swim
4:45 p.m. to 5:15 p.m. Pool Site Close down & Lock-up
(See Section I(D) of Exhibit “A”)
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Table 3.1
Program Schedule
for July 5, 2019 through July 26, 2019
Tuesdays
Time Activity
8:30 a.m. to 9:00 a.m. Closed
9:00 a.m. to 10:00 a.m. Closed
10:00 a.m. to 12:00 p.m. Closed
12:30 p.m. to 1:00 p.m. Pool Site Set-up & Safety Check
(See Section I(D) of Exhibit “A”)
1:00 p.m. to 4:45 p.m. Open Swim
4:45 p.m. to 5:15 p.m. Pool Site Close down & Lock-up
(See Section I(D) of Exhibit “A”)
II. Consultant shall deliver the following tangible work products by the following dates:
A. Pursuant to Exhibit “A,” by May 27, 2019, Consultant shall deliver 4,750
postcards to the following schools located in the City in the following manner:
Grand Terrace High School (2,200 postcards), Terrace Hills Middle School
(1,038 postcards), Grand Terrace Elementary School (735 postcards), and
Terrace View Elementary School (777 postcards).
B. Pursuant to Exhibit “A,” by May 27, 2019, Consultant shall deliver 250
postcards to the City for its use.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
G.14.a
Packet Pg. 378 Attachment: Boys and Girls Club Swim 2019 Summer Swim Program (2019 Summer Swin Program)
A Collaborative for
Swimming Programs
between
and
April 2019
Program Proposal
G.14.b
Packet Pg. 379 Attachment: Proposal-Grand Terrace Swimming 2019-04 (APR V5) (2019 Summer Swin Program)
April 2019
Boys & Girls Clubs of Greater Redlands-Riverside Page 1
Table of Contents
I. Overview ......................................................................................................................................... 2
Philosophy and Goals ................................................................................................................. 2
II. Key Elements of Boys & Girls Clubs ........................................................................................... 2
Youth Development Outcomes ................................................................................................. 3
Core Program Areas .................................................................................................................... 3
III. Summer Swimming & Swimming Lessons Program ................................................................. 4
IV. Program Costs ............................................................................................................................... 5
V. Insurance & Waiver Requirements ............................................................................................... 6
VI. Thank You ....................................................................................................................................... 8
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Boys & Girls Clubs of Greater Redlands-Riverside Page 2
Boys & Girls Clubs Mission Statement
To enable all young people, especially those who need us most, to reach
their full potential as productive, caring, responsible citizens.
I. Overview
Boys & Girls Clubs of Greater Redlands-Riverside has been providing hope and
opportunity to kids in the Inland Empire for over 50 years. Boys & Girls Clubs offers a
wide range of programs for youth ages 6 to 18. On any given day, the Club is serving
over 3,600 kids and teens at 36 locations in Riverside and San Bernardino Counties.
Philosophy and Goals
Boys & Girls Clubs of Greater Redlands-Riverside has a philosophy to serve all youth,
but especially those from disadvantage circumstances. Offering our programs to
serve those youth who need us most is a great opportunity for the Boys & Girls Clubs
to expand and enhance our services to youth. The Clubs are a second home to many
young people in our communities – providing them with caring adults who have
expectations for them and will not let them fail.
II. Key Elements of Boys & Girls Clubs
Four key characteristics define the essence of a Boys & Girls Club. All are critical in
exerting positive impact on the life of a child:
Referral
· Safe, Positive Environment
Club staff, facilities, programs and age-appropriate settings create stability,
consistency and a sense of physical and emotional safety for members. The
Club provides structure and clearly defines acceptable behaviors.
· Fun
Clubs generate fun for members. Members develop a strong sense of belonging
through connections they establish with staff and peers. Staff members make
the Club feel like home, fostering a family atmosphere and creating a sense of
ownership for members.
· Supportive Relationships
Club youth develop meaningful relationships with peers and adults. Staff
members actively encourage such relationships. Staff members display warmth,
caring, appreciation, acceptance and guidance in their interactions with
members.
· Opportunities & Expectations
Club youth acquire physical, social, technological, artistic and life skills. Clubs
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encourage members to develop a moral character while staff reinforce high
expectations and help members with school and post-secondary education.
· Recognition
Clubs recognize and support young people’s self-worth and accomplishments.
Staff members encourage youth and provide positive reinforcement as they
make improvements and experience successes. The Club showcases young
people’s achievements.
Youth Development Outcomes
Through frequent participation in programming that intentionally incorporates the Key
Elements, young people become productive, caring, responsible, citizens.
· Positive Self-Identity
Youth set and attain goals and have a positive view of their future, confidently
making the necessary decisions to achieve their life plans. They become self-
sufficient and are able to support themselves and others.
· Healthy & Well-Being
Youth adopt a healthy diet. They practice healthy lifestyle choices and make a
lifelong commitment to fitness.
· Positive Values
Youth develop and demonstrate character and are guided by positive values
including honesty, integrity, caring, and fairness.
· Commitment to Learning
Youth value education and lifelong learning and make them an integral part of
their future plans.
· Social Competency
Youth have positive relationships with family, friends, and coworkers and
appreciate cultural diversity.
· Community & Civic Involvement
Youth are engaged citizens of their community and the world.
Core Program Areas
The club provides diversified activities that meet the interests of all young people. Core
programs encourage activities with adults, peers, and family members that enable kids
to enhance self-esteem and fulfill their potential. The Club offers diversified program
activities in five areas based on physical, emotional, cultural, and social needs and
interest of boys and girls and recognizing developmental principles.
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· The Arts
The Arts Core Program Area enables youth to develop their creativity and
cultural awareness through knowledge and appreciation of visual and tactile arts
and crafts, performing arts and creative writing.
· Sports, Fitness and Recreation
The Sports, Recreation and Fitness Core Program Area develops fitness,
positive use of leisure time, skills for stress management, appreciation for the
environment and social and interpersonal skills.
· Health and Life Skills
The Health and Life Skills Core Program Area develops young people’s capacity
to engage in positive behaviors that nurture their own well-being, set personal
goals and develop the competencies to live successfully as self-sufficient adults.
· Character Development and Leadership Development
The Character Development and Leadership Development Core Program Area
empowers youth to support and influence their Club and community, sustain
meaningful relationships with others, develop a positive self-image, participate in
the democratic process and respect their own and others’ cultural identities.
· Education and Career Development
The Education and Career Development Core Program Area enables youth to
become proficient in basic education disciplines, apply learning to everyday
situations and embrace technology to optimize employability.
III. Summer Swimming & Swimming Lessons Program
Boys & Girls Clubs, in coordination with the City of Grand Terrace, propose the
following swimming and swimming instruction schedule for the summer of 2019.
Summer Swim Program will be on weekdays starting on Monday, June 17 and conclude
on Friday, July 26, 2019. It will be closed for the July 4th holiday. Staff would arrive 30
minutes prior to open for the safety pool checklist procedures and stay 30 minutes after
to secure the pool and closedown.
The weekly schedule from June 17 through July 3 will run as follows:
TIME MON, TUE, WED, THU, FRI
2:00pm – 2:30pm Set-up & Safety Check
2:30pm – 6:00pm Open Swim
6:00pm – 6:30pm Close down & Lock-up
*All participants will need to have a signed waiver on file prior to entering the pool (see
waiver below).
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April 2019
Boys & Girls Clubs of Greater Redlands-Riverside Page 5
On Saturday June 22 & June 29 the schedule will be as follows:
TIME SAT
8:30am – 9:00am Set-up & Safety Check
9:00am – 10:00am Senior & Adult Swim
10:00am – 12:00pm Youth Swim Lessons
12:00pm – 1:00pm Closed for Lunch Break
1:00pm – 4:45pm Open Swim
4:45pm – 5:15pm Close down & Lock-up
*All participants will need to have a signed waiver on file prior to entering the pool (see
waiver below).
The weekly schedule from July 5 through July 26 will run as follows
TIME MON, WED, THU, FRI TUE
8:30am – 9:00am Set-up & Safety Check Closed
9:00am – 10:00am Senior & Adult Swim Closed
10:00am – 12:00pm Youth Swim Lessons Closed
1:00pm – 4:45pm Open Swim Open Swim
4:45pm – 5:15pm Close down & Lock-up Close down & Lock-up
*All participants will need to have a signed waiver on file prior to entering the pool (see
waiver below).
The Club will produce 5,000 postcards for distribution at the area schools (Grand
Terrace High School-2200, Terrace Hills Middle School-1038, Grand Terrace
Elementary School-735, and Terrace View Elementary School-777) to advertise the
program. The postcards will be distributed to the schools. Extras will be delivered to
the City for use.
IV. Program Costs
Boys & Girls Clubs, will provide and coordinate swimming and swimming lessons in
coordination with the City of Grand Terrace. The program will consist of a supervising
life guard, two regular life guards, and two junior life guards in-training. Cost includes
salaries, payroll taxes, indirect costs, life guard equipment and uniforms, and insurance
rider. This totals $25,198.00 for the six weeks swimming program and the added
Community Day.
This Invoicing schedule will be as follows:
June 28 $12,599.00
July 26 $12,599.00
Payment is due by the 15th of the month following the invoice date.
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Boys & Girls Clubs of Greater Redlands-Riverside Page 6
V. Insurance & Waiver Requirements
For Boys & Girls Clubs to consider operating a pool(s), the following insurance and
waiver will need to be completed. Boys & Girls Clubs of Greater Redlands-Riverside
will need to be listed as additionally insured by the organization/corporation responsible
for the maintenance of the pool(s) included in this agreement. This includes additional
insured endorsements, with primary and non-contributory language or a primary insured
endorsement, for General Liability insurance. The additional insured should read “Boys
& Girls Clubs of Greater Redlands-Riverside, their officers, employees, agents, and
volunteers are named as additional insured. The Insurance as is afforded by the policy
is primary and any other insurance shall be excess and not contribute to the insurance
afforded by this endorsement.”
Certificate holder should appear as follows:
Boys & Girls Clubs of Greater Redlands-Riverside
1251 Clay Street, Redlands CA 92374
In addition to the above certificate of insurance requested by the Club, we will require
each participant involved in the swimming and pool activities to sign a waiver. Below is
the verbiage of the waiver that will be issued:
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Packet Pg. 385 Attachment: Proposal-Grand Terrace Swimming 2019-04 (APR V5) (2019 Summer Swin Program)
April 2019
Boys & Girls Clubs of Greater Redlands-Riverside Page 7
Boys & Girls Clubs of Greater Redlands-Riverside
Swimming Pool Use
Acknowledge of Risk
Waiver and Release of Liability
In consideration of my use of swimming pool, I hereby forever release and covenant
not-to-sue the Boys & Girls Clubs of Greater Redlands-Riverside (club), its Board,
employees, agents, volunteers, and all others who are involved, from any and all
present and future claims resulting from ordinary negligence on the part of the club or
others listed for property damage, personal injury, or wrongful death, arising as a result
of my engaging in or receiving instruction in pool use activities or any activities
incidental thereto, wherever, whenever, or however the same may occur. I hereby
voluntarily waive any and all claims both present and future, resulting from ordinary
negligence, that may be made by me, my family, estate, heirs, estate or assigns, and I
relinquish on behalf of myself, spouse, heirs and assigns the right to recover for injury or
death.
I am aware that swimming and other pool activities are vigorous and can involve severe
cardiovascular stress. I understand that swimming and other pool activities involve
certain risks, including but not limited to death. In addition, I understand that
participation in swimming pool use involves activities incidental thereto, including, but
not limited to, the possible reckless conduct of other participants. All stresses and
hazards associated with this activity cannot be foreseen.
I will voluntarily use pool facilities with knowledge of the danger involved and hereby
agree to accept any and all risks of property damage, personal injury, or death.
I have a personal responsibility to follow any safety rules and procedures established by
the club and that are associated normally with swimming and other pool use activities.
I further agree to indemnify and hold harmless the club and others listed for any and all
claims arising as a result of my participation in pool activities or any activities incidental
thereto, wherever, whenever, or however the same may occur.
I understand that this waiver is intended to be as broad and inclusive as permitted by
the laws of the State of California, and I agree that if any portion is held invalid, the
remainder of the waiver will continue in full legal force and effect. I further agree that the
venue for any legal proceedings shall be in the County of San Bernardino, State of
California.
If I am at least 18 years of age, I affirm that I signing this agreement solely and freely. If
I am under 18 years of age, I will also obtain the signature of my parent or guardian. I
have read this form and fully understand that by signing this form, I am giving up legal
rights and/or remedies which may be available to me for the ordinary negligence of the
club or any of the parties listed above. I understand that this agreement is a binding
legal document.
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Boys & Girls Clubs of Greater Redlands-Riverside Page 8
For persons under the age of 18, the parent or guardian who signs below also commits
to the participant conditions of this agreement.
Signature lines follow.
VI. Thank You
Boys & Girls Clubs of Greater Redlands-Riverside wants to thank you for the
opportunity to partner with City of Grand Terrace for summer swimming pool program
services for the summer of 2019.
G.14.b
Packet Pg. 387 Attachment: Proposal-Grand Terrace Swimming 2019-04 (APR V5) (2019 Summer Swin Program)
AGENDA REPORT
MEETING DATE: May 14, 2019 Council Item
TITLE: Adoption of a Resolution Setting a Public Hearing Relating to
Refuse Rate Increases
PRESENTED BY: Alan French, Public Works Director
RECOMMENDATION: Adopt Resolution No. 2019-__ setting forth a public hearing
date of July 9, 2019, to hear matters pertaining to proposed
waste and recycle rate increases.
2030 VISION STATEMENT:
This staff report supports Goal #1 “Ensure Our Fiscal Viability” by ensuring appropriate
cost recovery for services.
BACKGROUND:
The solid waste franchise agreement was originally established between the City and
USA Waste. In 2007, USA Waste, dba Waste Management of the Inland Empire, sold
the Integrated Waste Management Agreement (Franchise Agreement) to Burrtec Waste
Industries (Burrtec), and on June 12, 2007, the Council formally approved the transfer of
the franchise agreement. Since then, Burrtec has held the franchise agreement.
Refuse rates will typically have some level of adjustment due to Consumer Price Index
increases, and/or cost related to services such as delivering waste to the landfill.
Additionally, the State of California Department of Resources Recycling and Recovery
(CalRecycle) has several mandates pertaining to Commercial Recycling and Organic s
Recycling that are in effect, and enforcement of these mandates has increased for
municipalities. To meet requirements, Burrtec has created rates that the City may adopt
to increase compliance. Rate increases are proposed for both residential and
commercial customers. The residential component is to be implemented over a two year
time frame.
DISCUSSION:
The last rate adjustment occurred in 2017. Therefore, Burrtec has requested various
rate increases on the basis that it is absorbing rising costs. The rising costs are due, in
part, to increasing disposal and processing costs related to the recycling market (China
has stopped receiving plastics) and Title 14 green waste issues. Therefore, in the rates
discussed, Council will find that Burrtec has offered to implement a multi-year rate
increase. The first residential rate increase will take effect July 1, 2019, and the second
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adjustment shall be implemented on July 1, 2020. However, commercial rates are
proposed to be raised to the appropriate level July 1, 2019.
Residential Refuse and Recycling Rate Adjustments
Exhibit A of the Resolution shows the propose residential rate adjustments. Exhibit A
shows that the proposed rate adjustment will result in the existing residential collection
rates changing from $23.98 per month for the 96-gallon cart service to $26.04 per
month (8.5%), and from $22.61 per month for the 64-gallon cart service to $24.68 per
month (9%) for the first year.
The second adjustment shown in Table 1 and Table 2 of Exhibit A show s that the
proposed rate adjustment will result in the 2020 residential collection rates changing
from $26.04 per month for the 96-gallon cart service to $29.13 per month (12%), and
from $24.68 per month for the 64-gallon cart service to $27.67 per month (12%) for the
second year.
Please note that the rates for green waste disposal increased due to increased
processing expense of material and increased travel cost for disposal.
The Household Hazardous Waste (HHW) program fee will remain $0.32 per household
and the Street Sweeping fee will increase from $0.96 per household to $1.14. The
Pavement Impact Fee will be $0.73 per household for a 96-gallon cart and $0.69 per
household for the 64-gallon cart. The Franchise fee will be increased slightly from
$2.87 per household to $3.11 per household for the 96-gallon cart and from $2.70 to
$2.94 for the 64-gallon cart. Table 3 and Table 4 of Exhibit A shows additional
services offered to residential customers.
Commercial Refuse and Recycling Rate Adjustments
Exhibit B of the Resolution shows the proposed rate adjustments for commercial rates.
The 3-yard bin service at a frequency of once, twice or three times per week is the
most common commercial service throughout the city Burrtec has put forth three (3)
options for commercial service rate adjustments. The options are as follows:
1. Option 1: a standard CPI adjustment with administration fee (Exhibit B, Table 1)
2. Option 2: a standard CPI adjustment with administration fee and recycling fee
(Exhibit B, Table 1)
3. Option 3: a standard CPI adjustment with equalized rates for commercial
recycling and organics recycling (Exhibit C)
The administration fee covers Burrtec's staff augmentation to assist the City with
required Cal Recycle reporting and outreach, and the recycling fee is to bring
businesses in the City in compliance with mandatory commercial recycling. For the
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commercial front-load service, the proposed rate adjustment will result in an
approximately 2% rate increase for Option 1 and Option 2 will have a 17% rate
increase. Option 3 - equalized rates (Exhibit C) will result in an approximately 27% rate
increase.
Table 2 of Exhibit B shows the proposed increase for Multi -Family Housing Complexes
that are billed commercial rates. Multi-Family Housing complexes will see similar rate
increase to commercial bin services.
The California Department of Resources Recycling and Recovery (CalRecycle) has
significantly increased enforcement of AB 341, which mandates commercial recycling
and AB 1826, which mandates organics (food waste) recycling for business that
generate more than 4 cubic yards of food waste. The City of Grand Terrace
implemented an organics rate with the 2017 rate increase. By implementing the new
rate, the City was able to show good faith effort towards compliance with Cal Recycle
during the annual audit.
Please note that in Fiscal Year 2017-18, Cal Recycle placed some cities in San
Bernardino County on compliance orders and ordered them to attend penalty hearings
at the State Capital until a solution is put forward to bring commercial customers into
compliance with recycling requirements.
To date, the City of Grand Terrace has received warning s about low commercial
recycling participation, but no compliance orders or penalties have been received.
Because there are few businesses in the City that meet the threshold for organics
recycling, staff does not believe that Option 3 is necessary at this time. Staff
recommends adopting Option 2 to increase commercial recycling compliance.
Special Services Rate Adjustments
Exhibit D , Table 1 and Table 2 list proposed rate increases for additional services
offered to residential and commercial customers. Burrtec advised the City that these
additional services are seldom utilized.
The Council is being asked to direct staff to undertake the appropriate measures to notify
the citizens of the City regarding the proposed refuse rate adjustments as necessary
under Proposition 218. Staff will work with Burrtec to prepare and mail out notices of
the proposed rate adjustments, and to schedule a Public Hearing, to be conducted on
July 9, 2019, at the hour of 6:00 p.m. at the City Council Chambers, 22795 Barton
Road, Grand Terrace California, at which time all persons interested in or objecting
to the proposed solid waste and recycling rate adjustments will be heard.
Proposition 218 requires that at the public hearing, the City Council must consider all
protests against the proposed fee adjustments and if protests are received from a
majority of the property owners prior to the close of the public hearing, the City Council
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would not be able to impose the proposed adjustments in the rates.
FISCAL IMPACT:
There is no fiscal impact to the City by the rate adjustment as it is anticipated that the
cost of services will be offset by Burrtec customers.
ATTACHMENTS:
• Resolution Setting a Public Hearing to Adjust Refuse Rates (DOCX)
• Exhibit A- Residential Rates (PDF)
• Exhibit B - Commercial Rates (PDF)
• Exhibit C- Equalized Rates (PDF)
• Exhibit D- Special Services (PDF)
APPROV ALS:
Alan French Completed 05/08/2019 7:02 PM
City Attorney Completed 05/08/2019 8:00 PM
Finance Completed 05/08/2019 8:58 PM
City Manager Completed 05/08/2019 8:59 PM
City Council Pending 05/14/2019 6:00 PM
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RESOLUTION NO. 2019-_____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GRAND TERRACE, CALIFORNIA,
DECLARING ITS INTENTION TO SET A PUBLIC
HEARING FOR JULY 9, 2019, TO CONSIDER
INCREASES TO RESIDENTIAL AND COMMERCIAL
SOLID WASTE COLLECTION, RECYCLING AND
DISPOSAL SERVICE RATES AND STREET SWEEPING
RATES FOR FISCAL YEARS 2019-2020 AND 2020-2021
WHEREAS, the City of Grand Terrace is a municipal corporation duly organi zed
and existing pursuant to the Constitution and laws of the State of California, (hereinafter
the “City”); and
WHEREAS, the City Council has by previous action entered into a franchise
agreement with Burrtec Waste Industries, (hereinafter “Burrtec”), for the collection and
disposal of residential and commercial waste within the City; and
WHEREAS, Burrtec has requested rate increases to residential and commercial
solid waste collection, recycling and disposal service rates and street sweeping rates for
fiscal years 2019-2020 and 2020-2021; and
WHEREAS, as proposed, the first residential rate increase will take effect July 1,
2019, and the second residential rate increases shall be implemented on July 1,2020;
and
WHEREAS, as proposed, commercial rates are proposed to be raised effective
July 1, 2019; and
WHEREAS, the City Council now desires to declare its intention to conduct a
Public Hearing concerning residential and commercial solid waste collection, recycling
and disposal service rates and street sweeping rates for Fiscal Years 2019-2020 and
2020-2021, in accordance with Section 6 of Article 13D of the California Constitution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1: The preceding recitals are true and correct and incorporated herein
by reference.
SECTION 2: The City Council will consider an adjustment in the service rates for
the provision of residential and commercial solid waste collection, recycling and
disposal services, along with street sweeping rates, and it has deemed that the
proposed refuse rate adjustments, set forth in "Exhibit A", “Exhibit B” and “Exhibit C” are
G.15.a
Packet Pg. 392 Attachment: Resolution Setting a Public Hearing to Adjust Refuse Rates [Revision 2] (Resolution Setting a Public Hearing Relating to Refuse
appropriate and reasonable. All other rates existing and not separately identified in
“Exhibit A”, “Exhibit B” and “Exhibit C” shall remain the same. The Council will give
consideration to new rates identified in “Exhibit D”.
SECTION 3: The City Council hereby declares its intention to conduct a Public
Hearing concerning residential and commercial solid waste collection, recycling and
disposal service rates, and street sweeping rates, for Fiscal Years 2019-2020 and 2020-
2021, in accordance with Section 6 of Article 13D of the California Constitution; and,
notice is hereby given that a Public Hearing on these matters will be held by the City
Council on Tuesday, July 9, 2019 at 6:00 P.M., o r as soon thereafter as feasible, in the
City Council Chambers located at 22795 Barton Road, Grand Terrace California. At the
Public Hearing, all interested persons shall be afforded the opportunity to hear and be
heard.
SECTION 4: The City Council hereby authorizes and directs the City’s franchise
refuse collection services provider, Burrtec Waste Industries, Inc., to provide notice to
all residential and commercial refuse/recycling and street sweeping customers within
the City, not less than forty-five (45) days prior to the Public Hearing, pursuant to
California Government Code Section 53755 and Section 6 of Article 13D of the
California Constitution.
SECTION 5: The City Clerk shall certify to the passage and adoption of this
Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the 14th day of May, 2019.
__________________________
Darcy McNaboe, Mayor
ATTEST:
Debra L. Thomas, City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra, City Attorney
G.15.a
Packet Pg. 393 Attachment: Resolution Setting a Public Hearing to Adjust Refuse Rates [Revision 2] (Resolution Setting a Public Hearing Relating to Refuse
Burrtec Waste Industries, Inc
City of Grand Terrace
Residential & Multi Family Barrel Rates
Effective July 1, 2019
Changes
Current Proposed Proposed from
Standard 96 Gallon Barrel 2017 2019 2020 2019
Components Rate Rate Rate $
Service a/13.58$ 14.01$ 14.33$ 0.32$
1)Landfill / Disposal Transfer 3.41 3.58 3.83
2)Green Waste Disposal 2.17 3.04 2.90
3)MRF Fee 0.11 0.97
Disposal/Processing Total 5.58$ 6.73$ 7.70$ 0.97$
2018 Service & Disp./Proc. Catch-Up Fee 1.32 1.32$
Franchise Fees 15.0%2.87 3.11 3.50
Pavement Impact Fee 3.5%0.67 0.73 0.82
Household Haz Waste 0.32$ 0.32 0.32 0.32
Street Sweeping 0.96$ 0.96 1.14 1.14
City Fees Total 4.82$ 5.30$ 5.78$ 0.48$
Total 23.98$ 26.04$ 29.13$ 3.09$
Changes vs Current Rate 0.13$ 2.06$ 5.15$
0.55%8.59%21.48%
2017 2019 2020
a/February CPI 2.7%3.6%2.5%
90.0%2.4%3.2%2.3%
1)Landfill / Disposal Transfer
WDA Fee per Ton 37.13$ 38.21$ 39.55$
Annual Refuse Tons/House 1.1020 1.1255 1.1624
2)Green Waste Disposal
Agua Mansa Fee per Ton 40.47$ 48.60$ 50.09$
Annual GW Tons/House 0.6440 0.7512 0.6940
3)MRF Fee
Processing Cost per Ton 4.40$ 38.11$
Annual Rec Tons/House 0.2954 0.3062
G.15.b
Packet Pg. 394 Attachment: Exhibit A- Residential Rates (Resolution Setting a Public Hearing Relating to Refuse Rate Adjustments)
Burrtec Waste Industries, Inc
City of Grand Terrace
Residential & Multi Family Barrel Rates
Effective July 1, 2019
Changes
Current Proposed Proposed from
Standard 64 Gallon Barrel 2017 2019 2020 2019
Components Rate Rate Rate $
Service a/13.58$ 14.01$ 14.33$ 0.32$
1)Landfill / Disposal Transfer 2.25 2.43 2.59
2)Green Waste Disposal 2.17 3.04 2.90
3)MRF Fee 0.11 0.97
Disposal/Processing Total 4.42$ 5.58$ 6.46$ 0.88$
2018 Service & Disp./Proc. Catch-Up Fee 1.33 1.33$
Franchise Fees 15.0%2.70 2.94 3.32
Pavement Impact Fee 3.5%0.63 0.69 0.77
Household Haz Waste 0.32$ 0.32 0.32 0.32
Street Sweeping 0.96$ 0.96 1.14 1.14
City Fees Total 4.61$ 5.09$ 5.55$ 0.46$
Total 22.61$ 24.68$ 27.67$ 2.99$
Changes vs Current Rate 0.05$ 2.07$ 5.06$
0.22%9.16%22.38%
2017 2019 2020
a/February CPI 2.7%3.6%2.5%
90.0%2.4%3.2%2.3%
1)Landfill / Disposal Transfer
WDA Fee per Ton 37.13$ 38.21$ 39.55$
Annual Refuse Tons/House 0.7282 0.7620 0.7870
2)Green Waste Disposal
Agua Mansa Fee per Ton 40.47$ 48.60$ 50.09$
Annual GW Tons/House 0.6440 0.7512 0.6940
3)MRF Fee
Processing Cost per Ton 4.40$ 38.11$
Annual Rec Tons/House 0.2954 0.3062
G.15.b
Packet Pg. 395 Attachment: Exhibit A- Residential Rates (Resolution Setting a Public Hearing Relating to Refuse Rate Adjustments)
Burrtec Waste Industries, Inc
City of Grand Terrace
Senior Rate Discontinued
Effective July 1, 2019
Current Proposed Proposed
Senior 64 Gallon Barrel 2017 2019 2020
Changes
from
2019
Components Rate Rate Rate $
Service a/12.92$ 13.57$ 14.33$ 0.76$
1)Landfill / Disposal Transfer 2.25 2.43 2.59
2)Green Waste Disposal 2.17 3.04 2.90
3)MRF Fee 0.11 0.97
Disposal/Processing Total 4.42$ 5.58$ 6.46$ 0.88$
2018 Service & Disp./Proc. Catch-Up Fee 1.33 1.33$
Franchise Fees 15.0%2.60 2.87 3.32
Pavement Impact Fee 3.5%0.61 0.67 0.77
Household Haz Waste 0.32$ 0.32 0.32 0.32
Street Sweeping 0.96$ 0.96 1.14 1.14
City Fees Total 4.49$ 5.00$ 5.55$ 0.55$
Total 21.83$ 24.15$ 27.67$ 3.52$
Changes vs Current Rate 0.39$ 2.32$ 3.52$
1.82%10.63%14.58%
Memo Per Mike A.:
- City has not approved a Sr Rate, customers were grandfathered (113 in 2016)
- Rate to be phased out in three years - the same as regular 64Gal Barrel by 2019
- Rate phased out in 2019. For 2019 use the same rate as 64 gallon barrel.
- Do not include in 218 Notice
2017 2019 2020
a/February CPI 2.7%3.6%2.5%
90.0%2.4%3.2%2.3%
1)Landfill / Disposal Transfer
WDA Fee per Ton 37.13$ 38.21$
Annual Refuse Tons/House 0.7282 0.7620
2)Green Waste Disposal
Agua Mansa Fee per Ton 40.47$ 48.60$
Annual GW Tons/House 0.6440 0.7512
3)MRF Fee
Processing Cost per Ton -$ 4.40$
Annual Rec Tons/House - 0.2954
G.15.b
Packet Pg. 396 Attachment: Exhibit A- Residential Rates (Resolution Setting a Public Hearing Relating to Refuse Rate Adjustments)
Burrtec Waste Industries, Inc
City of Grand Terrace
Commercial Barrel Rate
Effective July 1, 2019
Changes
Current Proposed Proposed from
Standard 96 Gallon Barrel 2017 2019 2020 2019
Components Rate Rate Rate $
Service a/24.41$ 25.19$ 25.77$ 0.58$
1)Landfill / Disposal Transfer 3.41 3.58 3.83
2)MRF Fee 0.11 0.97
3)Compliance Fee 0.46
Disposal/Processing Total 3.41$ 3.69$ 5.26$ 1.57$
2018 Service & Disp./Proc. Catch-Up Fee 0.88 0.88$
Franchise Fees 15.0%4.17 4.33 4.79
Pavement Impact Fee 3.5%0.97 1.01 1.12
Household Haz Waste 0.32$ 0.32 0.32 0.32
Street Sweeping 0.96$ 0.96 1.14 1.14
City Fees Total 6.42$ 6.80$ 7.37$ 0.57$
Total 34.24$ 35.68$ 39.28$ 3.60$
Changes vs Current Rate 1.37$ 1.44$ 5.04$
4.17%4.21%14.72%
2017 2019 2020
a/February CPI 2.7%3.6%2.5%
90.0%2.4%3.2%2.3%
1)Landfill / Disposal Transfer
WDA Fee per Ton 37.13$ 38.21$ 39.55$
Annual Refuse Tons/House 1.1020 1.1255 1.1624
2)MRF Fee
Processing Cost per Ton 4.40$ 38.11$
Annual Rec Tons/House 0.2954 0.3062
G.15.b
Packet Pg. 397 Attachment: Exhibit A- Residential Rates (Resolution Setting a Public Hearing Relating to Refuse Rate Adjustments)
2019 Grand Terrace Rates 3-12-19.xlsx
Burrtec Waste Industries, Inc.
City of Grand Terrace
Effective July 1, 2019
Additional Services and Fees - Residential Changes
from
current
Current Proposed Proposed 2017
Components 2017 Rate 2019 Rate 2020 Rate $
Extra Cart - 64 Gal
Service and Disposal a/8.28$ 8.54$ 8.74$
Franchise Fees (1)1.24 1.28 1.31
Pavement Impact Fee (2)0.29 0.30 0.31
Customer Rate 9.81$ 10.12$ 10.36$ 0.55$
Extra Cart - 96 Gal
Service and Disposal a/10.19$ 10.52$ 10.76$
Franchise Fees (1)1.53 1.58 1.61
Pavement Impact Fee (2)0.36 0.37 0.38
Customer Rate 12.08$ 12.47$ 12.75$ 0.67$
Extra Cart - Recycling
Service and Disposal a/1.91$ 1.97$ 2.02$
Franchise Fees (1)0.29 0.30 0.30
Pavement Impact Fee (2)0.07 0.07 0.07
Customer Rate 2.27$ 2.34$ 2.39$ 0.12$
Extra Cart - Greenwaste
Service and Disposal a/1.91$ 1.97$ 2.02$
Franchise Fees (1)0.29 0.30 0.30
Pavement Impact Fee (2)0.07 0.07 0.07
Customer Rate 2.27$ 2.34$ 2.39$ 0.12$
Backyard/Sideyard
Service and Disposal a/11.79$ 12.17$ 12.45$
Franchise Fees (1)1.77 1.83 1.87
Pavement Impact Fee (2)0.41 0.43 0.44
Customer Rate 13.97$ 14.43$ 14.76$ 0.79$
Extra Pick-Up On Site - Barrels
Service and Disposal a/8.83$ 9.11$ 9.32$
Franchise Fees (1)1.32 1.37 1.40
Pavement Impact Fee (2)0.31 0.32 0.33
Customer Rate 10.46$ 10.80$ 11.05$ 0.59$
Extra Pick-Up Unscheduled - Barrels
Service and Disposal a/17.66$ 18.23$ 18.65$
Franchise Fees (1)2.65 2.73 2.80
Pavement Impact Fee (2)0.62 0.64 0.65
Customer Rate 20.93$ 21.60$ 22.10$ 1.17$
General References:
(1)15% of sum of service and disposal
(2)3.5% of sum of service and disposal
Other Notes 2017 2019 2020
a/February CPI 2.7%3.6%2.5%
90.0%2.4%3.2%2.3%
G.15.b
Packet Pg. 398 Attachment: Exhibit A- Residential Rates (Resolution Setting a Public Hearing Relating to Refuse Rate Adjustments)
2019 Grand Terrace Rates 3-12-19.xlsx 5 Comm Recycling Bin
Burrtec Waste Industries, Inc.
City of Grand Terrace
Effective July 1, 2019
Commercial Commingled Recycling Bin Service
90% of CPI Changes
CPI 3.5%2.5%2018 Lbs/Yrd 3.5%from
2.4%15.0%Pavement 90% of Service &71.00 15.0%Pavement current from
Bin Franchise Impact Total 2.3%Processing Processing Franchise Impact Total 2017 2017
Size Freq Service*Fee (a)Fee (b)Rate Service*Catch Up 39.89$ Fee (a)Fee (b)Rate $%
2 1 59.71 8.96 2.09 70.76 63.04 4.63 12.27 11.99 2.80 94.73 23.97 33.88%
2 2 105.44 15.82 3.69 124.95 111.31 8.88 24.54 21.71 5.07 171.51 46.56 37.26%
3 1 76.60 11.49 2.68 90.77 80.87 6.60 18.41 15.88 3.71 125.47 34.70 38.23%
3 2 139.60 20.94 4.89 165.43 147.38 12.84 36.82 29.56 6.90 233.50 68.07 41.15%
4 1 101.03 15.15 3.54 119.72 106.66 8.77 24.54 21.00 4.90 165.87 46.15 38.55%
4 2 188.32 28.25 6.59 223.16 198.82 17.18 49.09 39.76 9.28 314.13 90.97 40.76%
6 1 144.19 21.63 5.05 170.87 152.22 12.96 36.82 30.30 7.07 239.37 68.50 40.09%
6 2 274.44 41.17 9.61 325.22 289.73 25.55 73.63 58.34 13.61 460.86 135.64 41.71%
-----
* Service fee is adjusted at 90% of CPI
(a) 15% of the sum of service and disposal
(b) 3.5% of the sum of service and disposal
2017 Rate Components Proposed 2019 Rate Components
G.15.c
Packet Pg. 399 Attachment: Exhibit B - Commercial Rates (Resolution Setting a Public Hearing Relating to Refuse Rate Adjustments)
2019 Grand Terrace Rates 3-12-19.xlsx 6 Comm Refuse
Burrtec Waste Industries, Inc.
City of Grand Terrace
Effective July 1, 2019
Commercial Bin Service
90% of CPI Changes CPI Changes
CPI 3.5%0.500$ 2.5%2018 Fee per Yard Lbs/Yr 3.5%0.570$ from 2.5%2018 Fee per Yard Lbs/Yr 3.5%0.570$ from
2.4%159.00 15.0%Pavement Street 90% of Service &$0.15 131.00 15.0%Pavement Street current from 90% of Service &$0.15 131.00 Recycling 15.0%Pavement Street current from
Bin 37.13$ Franchise Impact Sweeping Total 2.3%Disposal Compliance 39.55$ Franchise Impact Sweeping Total 2017 2017 2.3%Disposal Compliance 39.55$ 1.73$ Franchise Impact Sweeping Total 2017 2017
Size Freq Service*Disposal Fee (a)Fee (b)Fee Rate Service*Catch Up Fee to Burrtec Disposal Fee (a)Fee (b)Fee Rate $%Service*Catch Up Fee to Burrtec Disposal Fee Fee (a)Fee (b)Fee Rate $%
2 1 59.71 25.58 12.79 2.99 4.33 105.40 63.04 0.28 1.30 22.45 13.06 3.05 4.94 108.12 2.72 2.58%63.04 0.28 1.30 22.45 14.99 15.31 3.57 4.94 125.88 20.48 19.43%
2 2 105.44 51.17 23.49 5.48 8.67 194.25 111.31 0.18 2.60 44.90 23.85 5.56 9.88 198.28 4.03 2.07%111.31 0.18 2.60 44.90 29.99 28.35 6.61 9.88 233.82 39.57 20.37%
2 3 165.14 76.75 36.28 8.47 13.00 299.64 174.34 0.47 3.90 67.35 36.91 8.61 14.82 306.40 6.76 2.26%174.34 0.47 3.90 67.35 44.98 43.66 10.19 14.82 359.71 60.07 20.05%
2 4 224.86 102.33 49.08 11.45 17.33 405.05 237.40 0.75 5.20 89.80 49.97 11.66 19.76 414.54 9.49 2.34%237.40 0.75 5.20 89.80 59.97 58.97 13.76 19.76 485.61 80.56 19.89%
2 5 284.02 127.91 61.79 14.42 21.67 509.81 299.85 1.02 6.50 112.26 62.94 14.69 24.70 521.96 12.15 2.38%299.85 1.02 6.50 112.26 74.97 74.19 17.31 24.70 610.80 100.99 19.81%
2 6 343.99 153.50 74.62 17.41 26.00 615.52 363.17 1.30 7.80 134.71 76.05 17.74 29.64 630.41 14.89 2.42%363.17 1.30 7.80 134.71 89.96 89.54 20.89 29.64 737.01 121.49 19.74%
Add. Pickup (on-site)7.15 5.90 1.96 0.46 0.00 15.47 7.55 (0.11)5.18 1.89 0.44 0.00 14.95 (0.52)-3.36%7.55 (0.11)5.18 3.46 2.41 0.56 0.00 19.05 3.58 23.14%
Add. Pickup (unsched)22.35 5.90 4.24 0.99 0.00 33.48 23.60 0.30 5.18 4.36 1.02 0.00 34.46 0.98 2.93%23.60 0.30 5.18 3.46 4.88 1.14 0.00 38.56 5.08 15.17%
3 1 76.60 38.37 17.25 4.02 6.50 142.74 80.87 0.08 1.95 33.68 17.49 4.08 7.41 145.56 2.82 1.98%80.87 0.08 1.95 33.68 22.49 20.86 4.87 7.41 172.21 29.47 20.65%
3 2 139.60 76.75 32.45 7.57 13.00 269.37 147.38 (0.21)3.90 67.35 32.76 7.64 14.82 273.64 4.27 1.59%147.38 (0.21)3.90 67.35 44.98 39.51 9.22 14.82 326.95 57.58 21.38%
3 3 216.31 115.12 49.71 11.60 19.50 412.24 228.36 (0.13)5.85 101.03 50.27 11.73 22.23 419.34 7.10 1.72%228.36 (0.13)5.85 101.03 67.47 60.39 14.09 22.23 499.29 87.05 21.12%
3 4 301.90 153.50 68.31 15.94 26.00 565.65 318.73 0.18 7.80 134.71 69.21 16.15 29.64 576.42 10.77 1.90%318.73 0.18 7.80 134.71 89.96 82.71 19.30 29.64 683.03 117.38 20.75%
3 5 369.60 191.87 84.22 19.65 32.50 697.84 390.20 0.02 9.75 168.38 85.25 19.89 37.05 710.54 12.70 1.82%390.20 0.02 9.75 168.38 112.45 102.12 23.83 37.05 843.80 145.96 20.92%
3 6 445.99 230.24 101.43 23.67 39.00 840.33 470.85 0.09 11.70 202.06 102.71 23.96 44.46 855.83 15.50 1.84%470.85 0.09 11.70 202.06 134.94 122.95 28.69 44.46 1,015.74 175.41 20.87%
Add. Pickup (on-site)7.15 8.85 2.40 0.56 0.00 18.96 7.55 (0.26)7.77 2.26 0.53 0.00 17.85 (1.11)-5.85%7.55 (0.26)7.77 5.19 3.04 0.71 0.00 24.00 5.04 26.58%
Add. Pickup (unsched)22.35 8.85 4.68 1.09 0.00 36.97 23.60 0.15 7.77 4.73 1.10 0.00 37.35 0.38 1.03%23.60 0.15 7.77 5.19 5.51 1.28 0.00 43.50 6.53 17.66%
4 1 101.03 51.17 22.83 5.33 8.67 189.03 106.66 0.07 2.60 44.90 23.13 5.40 9.88 192.64 3.61 1.91%106.66 0.07 2.60 44.90 29.99 27.63 6.45 9.88 228.18 39.15 20.71%
4 2 188.32 102.33 43.60 10.17 17.33 361.75 198.82 (0.22)5.20 89.80 44.04 10.28 19.76 367.68 5.93 1.64%198.82 (0.22)5.20 89.80 59.97 53.04 12.37 19.76 438.74 76.99 21.28%
4 3 289.45 153.50 66.44 15.50 26.00 550.89 305.58 (0.16)7.80 134.71 67.19 15.68 29.64 560.44 9.55 1.73%305.58 (0.16)7.80 134.71 89.96 80.68 18.83 29.64 667.04 116.15 21.08%
4 4 390.59 204.66 89.29 20.83 34.67 740.04 412.36 (0.08)10.40 179.61 90.34 21.08 39.52 753.23 13.19 1.78%412.36 (0.08)10.40 179.61 119.95 108.34 25.28 39.52 895.38 155.34 20.99%
4 5 493.60 255.83 112.41 26.23 43.33 931.40 521.12 0.05 13.00 224.51 113.80 26.55 49.40 948.43 17.03 1.83%521.12 0.05 13.00 224.51 149.93 136.29 31.80 49.40 1,126.10 194.70 20.90%
4 6 591.81 306.99 134.82 31.46 52.00 1,117.08 624.80 0.04 15.60 269.41 136.48 31.84 59.28 1,137.45 20.37 1.82%624.80 0.04 15.60 269.41 179.92 163.47 38.14 59.28 1,350.66 233.58 20.91%
Add. Pickup (on-site)7.15 11.81 2.84 0.66 0.00 22.46 7.55 (0.42)10.36 2.62 0.61 0.00 20.72 (1.74)-7.75%7.55 (0.42)10.36 6.92 3.66 0.85 0.00 28.92 6.46 28.76%
Add. Pickup (unsched)22.35 11.81 5.12 1.20 0.00 40.48 23.60 (0.01)10.36 5.09 1.19 0.00 40.23 (0.25)-0.62%23.60 (0.01)10.36 6.92 6.13 1.43 0.00 48.43 7.95 19.64%
6 1 144.19 76.75 33.14 7.73 13.00 274.81 152.22 (0.09)3.90 67.35 33.51 7.82 14.82 279.53 4.72 1.72%152.22 (0.09)3.90 67.35 44.98 40.25 9.39 14.82 332.82 58.01 21.11%
6 2 274.44 153.50 64.19 14.98 26.00 533.11 289.73 (0.56)7.80 134.71 64.75 15.11 29.64 541.18 8.07 1.51%289.73 (0.56)7.80 134.71 89.96 78.25 18.26 29.64 647.79 114.68 21.51%
6 3 419.18 230.24 97.41 22.73 39.00 808.56 442.54 (0.63)11.70 202.06 98.35 22.95 44.46 821.43 12.87 1.59%442.54 (0.63)11.70 202.06 134.94 118.59 27.67 44.46 981.33 172.77 21.37%
6 4 562.84 306.99 130.47 30.44 52.00 1,082.74 594.21 (0.73)15.60 269.41 131.77 30.75 59.28 1,100.29 17.55 1.62%594.21 (0.73)15.60 269.41 179.92 158.76 37.04 59.28 1,313.49 230.75 21.31%
6 5 707.04 383.74 163.62 38.18 65.00 1,357.58 746.45 (0.82)19.50 336.77 165.29 38.57 74.10 1,379.86 22.28 1.64%746.45 (0.82)19.50 336.77 224.90 199.02 46.44 74.10 1,646.36 288.78 21.27%
6 6 851.23 460.49 196.76 45.91 78.00 1,632.39 898.67 (0.91)23.40 404.12 198.79 46.38 88.92 1,659.37 26.98 1.65%898.67 (0.91)23.40 404.12 269.88 239.27 55.83 88.92 1,979.18 346.79 21.24%
Add. Pickup (on-site)7.15 17.71 3.73 0.87 0.00 29.46 7.55 (0.72)15.54 3.36 0.78 0.00 26.51 (2.95)-10.01%7.55 (0.72)15.54 10.38 4.91 1.15 0.00 38.81 9.35 31.74%
Add. Pickup (unsched)22.35 17.71 6.01 1.40 0.00 47.47 23.60 (0.31)15.54 5.82 1.36 0.00 46.01 (1.46)-3.08%23.60 (0.31)15.54 10.38 7.38 1.72 0.00 58.31 10.84 22.84%
Add'l Charges
T-Bins - 3 yards (COD)22.35 38.37 9.11 2.13 N/A 71.96 23.60 (1.37)33.68 8.39 1.96 N/A 66.26 (5.70)-7.92%23.60 (1.37)33.68 22.49 11.76 2.74 N/A 92.90 20.94 29.10%
96 Gal Commingled Recycling N/C N/C N/A N/C N/A
Extra Recycling Barrel 2.17 2.29 0.12 5.53%2.29 0.12 5.53%
Locks
Burned Bin 283.45 42.52 N/A N/A 325.97 299.25 7.56 46.02 N/A N/A 352.83 26.86 8.24%299.25 7.56 46.02 N/A N/A 352.83 26.86 8.24%
Exchanges 59.73 8.96 N/A N/A 68.69 63.06 1.59 9.70 N/A N/A 74.35 5.66 8.24%63.06 1.59 9.70 N/A N/A 74.35 5.66 8.24%
Lock Rental (Monthly)12.15 1.82 N/A N/A 13.97 12.83 0.32 1.97 N/A N/A 15.12 1.15 8.23%12.83 0.32 1.97 N/A N/A 15.12 1.15 8.23%
Lost or Stolen Bin 506.15 75.92 N/A N/A 582.07 534.36 13.50 82.18 N/A N/A 630.04 47.97 8.24%534.36 13.50 82.18 N/A N/A 630.04 47.97 8.24%
Overage 33.99 5.10 N/A N/A 39.09 35.89 0.91 5.52 N/A N/A 42.32 3.23 8.26%35.89 0.91 5.52 N/A N/A 42.32 3.23 8.26%
Replaced Key 5.06 0.76 N/A N/A 5.82 5.34 0.13 0.82 N/A N/A 6.29 0.47 8.08%5.34 0.13 0.82 N/A N/A 6.29 0.47 8.08%
Replaced Lock 25.30 3.80 N/A N/A 29.10 26.71 0.67 4.11 N/A N/A 31.49 2.39 8.21%26.71 0.67 4.11 N/A N/A 31.49 2.39 8.21%
-----
* Service fee is adjusted at 90% of CPI
(a) 15% of the sum of service and disposal
(b) 3.5% of the sum of service and disposal
2017 Rate Components Proposed 2019 Rate Components 7/1/19 - Option 2Proposed 2019 Rate Components - Option 1
G.15.c
Packet Pg. 400 Attachment: Exhibit B - Commercial Rates (Resolution Setting a Public Hearing Relating to Refuse Rate Adjustments)
2019 Grand Terrace Rates 3-12-19.xlsx 7 MF Refuse
Burrtec Waste Industries, Inc.
City of Grand Terrace
Effective July 1, 2019
Multi-Family Commercial Bin Service
90% of CPI Changes CPI Changes
CPI 3.5%0.160$ 0.500$ 2.5%2018 Fee per Yard Lbs/Yr 3.5%0.160$ 0.570$ from 2.5%2018 Fee per Yard Lbs/Yr 3.5%0.160$ 0.570$ from
2.4%159.00 15.0%Pavement Street 90% of Service &$0.15 131.00 15.0%Pavement Street current from 90% of Service &$0.15 131.00 Recycling 15.0%Pavement Street current from
Bin 37.13$ Franchise Impact HHW Sweeping Total 2.3%Disposal Compliance 39.55$ Franchise Impact HHW Sweeping Total 2017 2017 2.3%Disposal Compliance 39.55$ 1.73$ Franchise Impact HHW Sweeping Total 2017 2017
Size Freq Service*Disposal Fee (a)Fee (b)Fee Fee Rate Service*Catch Up Fee to Burrtec Disposal Fee (a)Fee (b)Fee Fee Rate $%Service*Catch Up Fee to Burrtec Disposal Fee Fee (a)Fee (b)Fee Fee Rate $%
2 1 59.71 25.58 12.79 2.99 1.39 4.33 106.79 63.04 0.28 1.30 22.45 13.06 3.05 1.39 4.94 109.51 2.72 2.55%63.04 0.28 1.30 22.45 14.99 15.31 3.57 1.39 4.94 127.27 20.48 19.18%
2 2 105.44 51.16 23.49 5.48 2.77 8.67 197.01 111.31 0.19 2.60 44.90 23.85 5.57 2.77 9.88 201.07 4.06 2.06%111.31 0.19 2.60 44.90 29.99 28.35 6.61 2.77 9.88 236.60 39.59 20.10%
2 3 165.14 76.74 36.28 8.47 4.16 13.00 303.79 174.34 0.47 3.90 67.35 36.91 8.61 4.16 14.82 310.56 6.77 2.23%174.34 0.47 3.90 67.35 44.98 43.66 10.19 4.16 14.82 363.87 60.08 19.78%
2 4 224.86 102.32 49.08 11.45 5.55 17.33 410.59 237.40 0.77 5.20 89.80 49.98 11.66 5.55 19.76 420.12 9.53 2.32%237.40 0.77 5.20 89.80 59.97 58.97 13.76 5.55 19.76 491.18 80.59 19.63%
2 5 284.02 127.90 61.79 14.42 6.93 21.67 516.73 299.85 1.03 6.50 112.25 62.94 14.69 6.93 24.70 528.89 12.16 2.35%299.85 1.03 6.50 112.25 74.97 74.19 17.31 6.93 24.70 617.73 101.00 19.55%
2 6 343.99 153.48 74.62 17.41 8.32 26.00 623.82 363.17 1.32 7.80 134.70 76.05 17.74 8.32 29.64 638.74 14.92 2.39%363.17 1.32 7.80 134.70 89.96 89.54 20.89 8.32 29.64 745.34 121.52 19.48%
Add. Pickup (on-site)7.15 5.90 1.96 0.46 0.00 0.00 15.47 7.55 (0.11)5.18 1.89 0.44 0.00 0.00 14.95 (0.52)-3.36%7.55 (0.11)5.18 3.46 2.41 0.56 0.00 0.00 19.05 3.58 23.14%
Add. Pickup (unsched)22.35 5.90 4.24 0.99 0.00 0.00 33.48 23.60 0.30 5.18 4.36 1.02 0.00 0.00 34.46 0.98 2.93%23.60 0.30 5.18 3.46 4.88 1.14 0.00 0.00 38.56 5.08 15.17%
3 1 76.60 38.37 17.25 4.02 2.08 6.50 144.82 80.87 0.08 1.95 33.68 17.49 4.08 2.08 7.41 147.64 2.82 1.95%80.87 0.08 1.95 33.68 22.49 20.86 4.87 2.08 7.41 174.29 29.47 20.35%
3 2 139.60 76.74 32.45 7.57 4.16 13.00 273.52 147.38 (0.21)3.90 67.37 32.77 7.65 4.16 14.82 277.84 4.32 1.58%147.38 (0.21)3.90 67.37 44.98 39.51 9.22 4.16 14.82 331.13 57.61 21.06%
3 3 216.31 115.11 49.71 11.60 6.24 19.50 418.47 228.36 (0.13)5.85 101.05 50.27 11.73 6.24 22.23 425.60 7.13 1.70%228.36 (0.13)5.85 101.05 67.47 60.39 14.09 6.24 22.23 505.55 87.08 20.81%
3 4 301.90 153.48 68.31 15.94 8.32 26.00 573.95 318.73 0.18 7.80 134.74 69.22 16.15 8.32 29.64 584.78 10.83 1.89%318.73 0.18 7.80 134.74 89.96 82.71 19.30 8.32 29.64 691.38 117.43 20.46%
3 5 369.60 191.85 84.22 19.65 10.40 32.50 708.22 390.20 0.02 9.75 168.42 85.26 19.89 10.40 37.05 720.99 12.77 1.80%390.20 0.02 9.75 168.42 112.45 102.13 23.83 10.40 37.05 854.25 146.03 20.62%
3 6 445.99 230.22 101.43 23.67 12.48 39.00 852.79 470.85 0.09 11.70 202.11 102.71 23.97 12.48 44.46 868.37 15.58 1.83%470.85 0.09 11.70 202.11 134.94 122.95 28.69 12.48 44.46 1,028.27 175.48 20.58%
Add. Pickup (on-site)7.15 8.85 2.40 0.56 0.00 0.00 18.96 7.55 (0.26)7.77 2.26 0.53 0.00 0.00 17.85 (1.11)-5.85%7.55 (0.26)7.77 5.19 3.04 0.71 0.00 0.00 24.00 5.04 26.58%
Add. Pickup (unsched)22.35 8.85 4.68 1.09 0.00 0.00 36.97 23.60 0.15 7.77 4.73 1.10 0.00 0.00 37.35 0.38 1.03%23.60 0.15 7.77 5.19 5.51 1.28 0.00 0.00 43.50 6.53 17.66%
4 1 101.03 51.17 22.83 5.33 2.77 8.67 191.80 106.66 0.07 2.60 44.90 23.13 5.40 2.77 9.88 195.41 3.61 1.88%106.66 0.07 2.60 44.90 29.99 27.63 6.45 2.77 9.88 230.95 39.15 20.41%
4 2 188.32 102.34 43.60 10.17 5.55 17.33 367.31 198.82 (0.22)5.20 89.80 44.04 10.28 5.55 19.76 373.23 5.92 1.61%198.82 (0.22)5.20 89.80 59.97 53.04 12.37 5.55 19.76 444.29 76.98 20.96%
4 3 289.45 153.51 66.44 15.50 8.32 26.00 559.22 305.58 (0.16)7.80 134.70 67.19 15.68 8.32 29.64 568.75 9.53 1.70%305.58 (0.16)7.80 134.70 89.96 80.68 18.83 8.32 29.64 675.35 116.13 20.77%
4 4 390.59 204.68 89.29 20.83 11.09 34.67 751.15 412.36 (0.08)10.40 179.60 90.34 21.08 11.09 39.52 764.31 13.16 1.75%412.36 (0.08)10.40 179.60 119.95 108.33 25.28 11.09 39.52 906.45 155.30 20.67%
4 5 493.60 255.85 112.42 26.23 13.87 43.33 945.30 521.12 0.04 13.00 224.50 113.80 26.55 13.87 49.40 962.28 16.98 1.80%521.12 0.04 13.00 224.50 149.93 136.29 31.80 13.87 49.40 1,139.95 194.65 20.59%
4 6 591.81 307.02 134.82 31.46 16.64 52.00 1,133.75 624.80 0.03 15.60 269.40 136.47 31.84 16.64 59.28 1,154.06 20.31 1.79%624.80 0.03 15.60 269.40 179.92 163.46 38.14 16.64 59.28 1,367.27 233.52 20.60%
Add. Pickup (on-site)7.15 11.81 2.84 0.66 0.00 0.00 22.46 7.55 (0.42)10.36 2.62 0.61 0.00 0.00 20.72 (1.74)-7.75%7.55 (0.42)10.36 6.92 3.66 0.85 0.00 0.00 28.92 6.46 28.76%
Add. Pickup (unsched)22.35 11.81 5.12 1.20 0.00 0.00 40.48 23.60 (0.01)10.36 5.09 1.19 0.00 0.00 40.23 (0.25)-0.62%23.60 (0.01)10.36 6.92 6.13 1.43 0.00 0.00 48.43 7.95 19.64%
6 1 144.19 76.75 33.14 7.73 4.16 13.00 278.97 152.22 (0.09)3.90 67.35 33.51 7.82 4.16 14.82 283.69 4.72 1.69%152.22 (0.09)3.90 67.35 44.98 40.25 9.39 4.16 14.82 336.98 58.01 20.79%
6 2 274.44 153.50 64.19 14.98 8.32 26.00 541.43 289.73 (0.55)7.80 134.70 64.75 15.11 8.32 29.64 549.50 8.07 1.49%289.73 (0.55)7.80 134.70 89.96 78.25 18.26 8.32 29.64 656.11 114.68 21.18%
6 3 419.18 230.25 97.41 22.73 12.48 39.00 821.05 442.54 (0.63)11.70 202.05 98.35 22.95 12.48 44.46 833.90 12.85 1.57%442.54 (0.63)11.70 202.05 134.94 118.59 27.67 12.48 44.46 993.80 172.75 21.04%
6 4 562.84 307.00 130.48 30.44 16.64 52.00 1,099.40 594.21 (0.73)15.60 269.40 131.77 30.75 16.64 59.28 1,116.92 17.52 1.59%594.21 (0.73)15.60 269.40 179.92 158.76 37.04 16.64 59.28 1,330.12 230.72 20.99%
6 5 707.04 383.75 163.62 38.18 20.80 65.00 1,378.39 746.45 (0.81)19.50 336.75 165.28 38.57 20.80 74.10 1,400.64 22.25 1.61%746.45 (0.81)19.50 336.75 224.90 199.02 46.44 20.80 74.10 1,667.15 288.76 20.95%
6 6 851.23 460.50 196.76 45.91 24.96 78.00 1,657.36 898.67 (0.90)23.40 404.10 198.79 46.38 24.96 88.92 1,684.32 26.96 1.63%898.67 (0.90)23.40 404.10 269.88 239.27 55.83 24.96 88.92 2,004.13 346.77 20.92%
Add. Pickup (on-site)7.15 17.71 3.73 0.87 0.00 0.00 29.46 7.55 (0.72)15.54 3.36 0.78 0.00 0.00 26.51 (2.95)-10.01%7.55 (0.72)15.54 10.38 4.91 1.15 0.00 0.00 38.81 9.35 31.74%
Add. Pickup (unsched)22.35 17.71 6.01 1.40 0.00 0.00 47.47 23.60 (0.31)15.54 5.82 1.36 0.00 0.00 46.01 (1.46)-3.08%23.60 (0.31)15.54 10.38 7.38 1.72 0.00 0.00 58.31 10.84 22.84%
Add'l Charges
T-Bins - 3 yards (COD)22.35 38.37 9.11 2.13 N/A N/A 71.96 23.60 (1.37)33.68 8.39 1.96 N/A N/A 66.26 (5.70)-7.92%23.60 (1.37)33.68 22.49 11.76 2.74 N/A N/A 92.90 20.94 29.10%
96 Gal Commingled Recycling N/C N/C N/C
Extra Recycling Barrel 2.17 2.29 0.12 5.53%2.22 0.05 2.30%
Locks
Burned Bin 283.45 42.52 N/A N/A N/A 325.97 299.25 7.56 46.02 N/A N/A N/A 352.83 26.86 8.24%299.25 7.56 46.02 N/A N/A N/A 352.83 26.86 8.24%
Exchanges 59.73 8.96 N/A N/A N/A 68.69 63.06 1.59 9.70 N/A N/A N/A 74.35 5.66 8.24%63.06 1.59 9.70 N/A N/A N/A 74.35 5.66 8.24%
Lock Rental (Monthly)12.15 1.82 N/A N/A N/A 13.97 12.83 0.32 1.97 N/A N/A N/A 15.12 1.15 8.23%12.83 0.32 1.97 N/A N/A N/A 15.12 1.15 8.23%
Lost or Stolen Bin 506.15 75.92 N/A N/A N/A 582.07 534.36 13.50 82.18 N/A N/A N/A 630.04 47.97 8.24%534.36 13.50 82.18 N/A N/A N/A 630.04 47.97 8.24%
Overage 33.99 5.10 N/A N/A N/A 39.09 35.89 0.91 5.52 N/A N/A N/A 42.32 3.23 8.26%35.89 0.91 5.52 N/A N/A N/A 42.32 3.23 8.26%
Replaced Key 5.06 0.76 N/A N/A N/A 5.82 5.34 0.13 0.82 N/A N/A N/A 6.29 0.47 8.08%5.34 0.13 0.82 N/A N/A N/A 6.29 0.47 8.08%
Replaced Lock 25.30 3.80 N/A N/A N/A 29.10 26.71 0.67 4.11 N/A N/A N/A 31.49 2.39 8.21%26.71 0.67 4.11 N/A N/A N/A 31.49 2.39 8.21%
-----
* Service fee is adjusted at 90% of CPI
(a) 15% of the sum of service and disposal
(b) 3.5% of the sum of service and disposal
2017 Rate Components Propsed 2019 Rate Components - Option 2Proposed 2019 Rate Components - Option 1
G.15.c
Packet Pg. 401 Attachment: Exhibit B - Commercial Rates (Resolution Setting a Public Hearing Relating to Refuse Rate Adjustments)
2019 Grand Terrace Rates 3-12-19.xlsx 8 Comm Compactor
Burrtec Waste Industries, Inc.
City of Grand Terrace
Effective July 1, 2019
Commercial Compactor Bin Service
90% of CPI Changes CPI Changes
CPI 3.5%0.500$ 2.5%2018 Fee per Yard 3.5%0.570$ from 2.5%2018 Fee per Yard 3.5%0.570$ from
2.4%375.00 15.0%Pavement Street 90% of Service &$0.15 375.00 15.0%Pavement Street current from 90% of Service &$0.15 375.00 Recycling 15.0%Pavement Street current from
Bin 37.13$ Franchise Impact Sweeping Total 2.3%Disposal Compliance 39.55$ Franchise Impact Sweeping Total 2017 2017 2.3%Disposal Compliance 39.55$ 1.73$ Franchise Impact Sweeping Total 2017 2017
Size Freq Service*Disposal Fee (a)Fee (b)Fee Rate Service*Catch Up Fee to Burrtec Disposal Fee (a)Fee (b)Fee Rate $%Service*Catch Up Fee to Burrtec Disposal Fee Fee (a)Fee (b)Fee Rate $%
2 1 62.39 60.34 18.41 4.30 4.33 149.77 65.87 3.13 1.30 64.27 20.19 4.71 4.94 164.41 14.64 9.77%65.87 3.13 1.30 64.27 14.99 22.43 5.23 4.94 182.16$ 32.39 21.63%
2 2 110.53 120.67 34.68 8.09 8.67 282.64 116.69 5.88 2.60 128.54 38.06 8.88 9.88 310.53 27.89 9.87%116.69 5.88 2.60 128.54 29.99 42.56 9.93 9.88 346.07$ 63.43 22.44%
2 3 172.93 181.01 53.09 12.39 13.00 432.42 182.56 8.99 3.90 192.81 58.24 13.59 14.82 474.91 42.49 9.83%182.56 8.99 3.90 192.81 44.98 64.99 15.16 14.82 528.21$ 95.79 22.15%
2 4 235.33 241.35 71.50 16.68 17.33 582.19 248.45 12.13 5.20 257.08 78.43 18.30 19.76 639.35 57.16 9.82%248.45 12.13 5.20 257.08 59.97 87.42 20.40 19.76 710.41$ 128.22 22.02%
2 5 297.18 301.68 89.83 20.96 21.67 731.32 313.74 15.24 6.50 321.34 98.52 22.99 24.70 803.03 71.71 9.81%313.74 15.24 6.50 321.34 74.97 109.77 25.61 24.70 891.87$ 160.55 21.95%
2 6 359.84 362.02 108.28 25.27 26.00 881.41 379.89 18.37 7.80 385.61 118.75 27.71 29.64 967.77 86.36 9.80%379.89 18.37 7.80 385.61 89.96 132.24 30.86 29.64 1,074.37$ 192.96 21.89%
Add. Pickup (on-site)7.15 13.92 3.16 0.74 0.00 24.97 7.55 0.53 14.83 3.44 0.80 0.00 27.15 2.18 8.73%7.55 0.53 14.83 3.46 3.96 0.92 0.00 31.25$ 6.28 25.15%
Add. Pickup (unsched)22.35 13.92 5.44 1.27 0.00 42.98 23.60 0.94 14.83 5.91 1.38 0.00 46.66 3.68 8.56%23.60 0.94 14.83 3.46 6.42 1.50 0.00 50.75$ 7.77 18.08%
3 1 80.36 90.50 25.63 5.98 6.50 208.97 84.84 4.34 1.95 96.40 28.13 6.56 7.41 229.63 20.66 9.89%84.84 4.34 1.95 96.40 22.49 31.50 7.35 7.41 256.28$ 47.31 22.64%
3 2 146.82 181.01 49.17 11.47 13.00 401.47 155.00 8.30 3.90 192.81 54.00 12.60 14.82 441.43 39.96 9.95%155.00 8.30 3.90 192.81 44.98 60.75 14.17 14.82 494.73$ 93.26 23.23%
3 3 227.26 271.51 74.82 17.46 19.50 610.55 239.92 12.64 5.85 289.21 82.14 19.17 22.23 671.16 60.61 9.93%239.92 12.64 5.85 289.21 67.47 92.26 21.53 22.23 751.11$ 140.56 23.02%
3 4 307.39 362.02 100.41 23.43 26.00 819.25 324.53 16.98 7.80 385.61 110.24 25.72 29.64 900.52 81.27 9.92%324.53 16.98 7.80 385.61 89.96 123.73 28.87 29.64 1,007.12$ 187.87 22.93%
3 5 388.08 452.52 126.09 29.42 32.50 1,028.61 409.71 21.32 9.75 482.02 138.42 32.30 37.05 1,130.57 101.96 9.91%409.71 21.32 9.75 482.02 112.45 155.29 36.23 37.05 1,263.82$ 235.21 22.87%
3 6 468.21 543.03 151.69 35.39 39.00 1,237.32 494.30 25.64 11.70 578.42 166.51 38.85 44.46 1,359.88 122.56 9.91%494.30 25.64 11.70 578.42 134.94 186.75 43.58 44.46 1,519.79$ 282.47 22.83%
Add. Pickup (on-site)7.15 20.88 4.20 0.98 0.00 33.21 7.55 0.70 22.25 4.58 1.07 0.00 36.15 2.94 8.85%7.55 0.70 22.25 5.19 5.35 1.25 0.00 42.29$ 9.08 27.34%
Add. Pickup (unsched)22.35 20.88 6.48 1.51 0.00 51.22 23.60 1.11 22.25 7.04 1.64 0.00 55.64 4.42 8.63%23.60 1.11 22.25 5.19 7.82 1.83 0.00 61.80$ 10.58 20.66%
4 1 105.99 120.67 34.00 7.93 8.67 277.26 111.90 5.75 2.60 128.54 37.32 8.71 9.88 304.70 27.44 9.90%111.90 5.75 2.60 128.54 29.99 41.82 9.76 9.88 340.24$ 62.98 22.72%
4 2 197.96 241.35 65.90 15.38 17.33 537.92 208.99 11.13 5.20 257.08 72.36 16.88 19.76 591.40 53.48 9.94%208.99 11.13 5.20 257.08 59.97 81.36 18.98 19.76 662.47$ 124.55 23.15%
4 3 304.08 362.02 99.92 23.31 26.00 815.33 321.03 16.88 7.80 385.61 109.70 25.60 29.64 896.26 80.93 9.93%321.03 16.88 7.80 385.61 89.96 123.19 28.74 29.64 1,002.85$ 187.52 23.00%
4 4 410.19 482.69 133.93 31.25 34.67 1,092.73 433.06 22.64 10.40 514.15 147.04 34.31 39.52 1,201.12 108.39 9.92%433.06 22.64 10.40 514.15 119.95 165.03 38.51 39.52 1,343.26$ 250.53 22.93%
4 5 516.30 603.36 167.95 39.19 43.33 1,370.13 545.07 28.39 13.00 642.69 184.37 43.02 49.40 1,505.94 135.81 9.91%545.07 28.39 13.00 642.69 149.93 206.86 48.27 49.40 1,683.61$ 313.48 22.88%
4 6 621.34 724.04 201.81 47.09 52.00 1,646.28 655.97 34.12 15.60 771.23 221.54 51.69 59.28 1,809.43 163.15 9.91%655.97 34.12 15.60 771.23 179.92 248.53 57.99 59.28 2,022.64$ 376.36 22.86%
Add. Pickup (on-site)7.15 27.85 5.25 1.23 0.00 41.48 7.55 0.87 29.66 5.71 1.33 0.00 45.12 3.64 8.78%7.55 0.87 29.66 6.92 6.75 1.58 0.00 53.33$ 11.85 28.57%
Add. Pickup (unsched)22.35 27.85 7.53 1.76 0.00 59.49 23.60 1.28 29.66 8.18 1.91 0.00 64.63 5.14 8.64%23.60 1.28 29.66 6.92 9.22 2.15 0.00 72.83$ 13.34 22.42%
* Service fee is adjusted at 90% of CPI
(a) 15% of the sum of service and disposal
(b) 3.5% of the sum of service and disposal
2017 Rate Components Proposed 2019 Rate Components - Option 2Proposed 2019 Rate Components - Option 1
G.15.c
Packet Pg. 402 Attachment: Exhibit B - Commercial Rates (Resolution Setting a Public Hearing Relating to Refuse Rate Adjustments)
2019 Grand Terrace Rates 3-12-19.xlsx 8 Comm Compactor
Burrtec Waste Industries, Inc.
City of Grand Terrace
Effective July 1, 2019
Commercial Compactor Bin Service
90% of CPI Changes CPI Changes
CPI 3.5%0.500$ 2.5%2018 Fee per Yard 3.5%0.570$ from 2.5%2018 Fee per Yard 3.5%0.570$ from
2.4%375.00 15.0%Pavement Street 90% of Service &$0.15 375.00 15.0%Pavement Street current from 90% of Service &$0.15 375.00 Recycling 15.0%Pavement Street current from
Bin 37.13$ Franchise Impact Sweeping Total 2.3%Disposal Compliance 39.55$ Franchise Impact Sweeping Total 2017 2017 2.3%Disposal Compliance 39.55$ 1.73$ Franchise Impact Sweeping Total 2017 2017
Size Freq Service*Disposal Fee (a)Fee (b)Fee Rate Service*Catch Up Fee to Burrtec Disposal Fee (a)Fee (b)Fee Rate $%Service*Catch Up Fee to Burrtec Disposal Fee Fee (a)Fee (b)Fee Rate $%
2 1 62.39 60.34 18.41 4.30 4.33 149.77 65.87 3.13 1.30 64.27 20.19 4.71 4.94 164.41 14.64 9.77%65.87 3.13 1.30 64.27 14.99 22.43 5.23 4.94 182.16$ 32.39 21.63%
2 2 110.53 120.67 34.68 8.09 8.67 282.64 116.69 5.88 2.60 128.54 38.06 8.88 9.88 310.53 27.89 9.87%116.69 5.88 2.60 128.54 29.99 42.56 9.93 9.88 346.07$ 63.43 22.44%
2 3 172.93 181.01 53.09 12.39 13.00 432.42 182.56 8.99 3.90 192.81 58.24 13.59 14.82 474.91 42.49 9.83%182.56 8.99 3.90 192.81 44.98 64.99 15.16 14.82 528.21$ 95.79 22.15%
2 4 235.33 241.35 71.50 16.68 17.33 582.19 248.45 12.13 5.20 257.08 78.43 18.30 19.76 639.35 57.16 9.82%248.45 12.13 5.20 257.08 59.97 87.42 20.40 19.76 710.41$ 128.22 22.02%
2 5 297.18 301.68 89.83 20.96 21.67 731.32 313.74 15.24 6.50 321.34 98.52 22.99 24.70 803.03 71.71 9.81%313.74 15.24 6.50 321.34 74.97 109.77 25.61 24.70 891.87$ 160.55 21.95%
2 6 359.84 362.02 108.28 25.27 26.00 881.41 379.89 18.37 7.80 385.61 118.75 27.71 29.64 967.77 86.36 9.80%379.89 18.37 7.80 385.61 89.96 132.24 30.86 29.64 1,074.37$ 192.96 21.89%
Add. Pickup (on-site)7.15 13.92 3.16 0.74 0.00 24.97 7.55 0.53 14.83 3.44 0.80 0.00 27.15 2.18 8.73%7.55 0.53 14.83 3.46 3.96 0.92 0.00 31.25$ 6.28 25.15%
Add. Pickup (unsched)22.35 13.92 5.44 1.27 0.00 42.98 23.60 0.94 14.83 5.91 1.38 0.00 46.66 3.68 8.56%23.60 0.94 14.83 3.46 6.42 1.50 0.00 50.75$ 7.77 18.08%
3 1 80.36 90.50 25.63 5.98 6.50 208.97 84.84 4.34 1.95 96.40 28.13 6.56 7.41 229.63 20.66 9.89%84.84 4.34 1.95 96.40 22.49 31.50 7.35 7.41 256.28$ 47.31 22.64%
3 2 146.82 181.01 49.17 11.47 13.00 401.47 155.00 8.30 3.90 192.81 54.00 12.60 14.82 441.43 39.96 9.95%155.00 8.30 3.90 192.81 44.98 60.75 14.17 14.82 494.73$ 93.26 23.23%
3 3 227.26 271.51 74.82 17.46 19.50 610.55 239.92 12.64 5.85 289.21 82.14 19.17 22.23 671.16 60.61 9.93%239.92 12.64 5.85 289.21 67.47 92.26 21.53 22.23 751.11$ 140.56 23.02%
3 4 307.39 362.02 100.41 23.43 26.00 819.25 324.53 16.98 7.80 385.61 110.24 25.72 29.64 900.52 81.27 9.92%324.53 16.98 7.80 385.61 89.96 123.73 28.87 29.64 1,007.12$ 187.87 22.93%
3 5 388.08 452.52 126.09 29.42 32.50 1,028.61 409.71 21.32 9.75 482.02 138.42 32.30 37.05 1,130.57 101.96 9.91%409.71 21.32 9.75 482.02 112.45 155.29 36.23 37.05 1,263.82$ 235.21 22.87%
3 6 468.21 543.03 151.69 35.39 39.00 1,237.32 494.30 25.64 11.70 578.42 166.51 38.85 44.46 1,359.88 122.56 9.91%494.30 25.64 11.70 578.42 134.94 186.75 43.58 44.46 1,519.79$ 282.47 22.83%
Add. Pickup (on-site)7.15 20.88 4.20 0.98 0.00 33.21 7.55 0.70 22.25 4.58 1.07 0.00 36.15 2.94 8.85%7.55 0.70 22.25 5.19 5.35 1.25 0.00 42.29$ 9.08 27.34%
Add. Pickup (unsched)22.35 20.88 6.48 1.51 0.00 51.22 23.60 1.11 22.25 7.04 1.64 0.00 55.64 4.42 8.63%23.60 1.11 22.25 5.19 7.82 1.83 0.00 61.80$ 10.58 20.66%
4 1 105.99 120.67 34.00 7.93 8.67 277.26 111.90 5.75 2.60 128.54 37.32 8.71 9.88 304.70 27.44 9.90%111.90 5.75 2.60 128.54 29.99 41.82 9.76 9.88 340.24$ 62.98 22.72%
4 2 197.96 241.35 65.90 15.38 17.33 537.92 208.99 11.13 5.20 257.08 72.36 16.88 19.76 591.40 53.48 9.94%208.99 11.13 5.20 257.08 59.97 81.36 18.98 19.76 662.47$ 124.55 23.15%
4 3 304.08 362.02 99.92 23.31 26.00 815.33 321.03 16.88 7.80 385.61 109.70 25.60 29.64 896.26 80.93 9.93%321.03 16.88 7.80 385.61 89.96 123.19 28.74 29.64 1,002.85$ 187.52 23.00%
4 4 410.19 482.69 133.93 31.25 34.67 1,092.73 433.06 22.64 10.40 514.15 147.04 34.31 39.52 1,201.12 108.39 9.92%433.06 22.64 10.40 514.15 119.95 165.03 38.51 39.52 1,343.26$ 250.53 22.93%
4 5 516.30 603.36 167.95 39.19 43.33 1,370.13 545.07 28.39 13.00 642.69 184.37 43.02 49.40 1,505.94 135.81 9.91%545.07 28.39 13.00 642.69 149.93 206.86 48.27 49.40 1,683.61$ 313.48 22.88%
4 6 621.34 724.04 201.81 47.09 52.00 1,646.28 655.97 34.12 15.60 771.23 221.54 51.69 59.28 1,809.43 163.15 9.91%655.97 34.12 15.60 771.23 179.92 248.53 57.99 59.28 2,022.64$ 376.36 22.86%
Add. Pickup (on-site)7.15 27.85 5.25 1.23 0.00 41.48 7.55 0.87 29.66 5.71 1.33 0.00 45.12 3.64 8.78%7.55 0.87 29.66 6.92 6.75 1.58 0.00 53.33$ 11.85 28.57%
Add. Pickup (unsched)22.35 27.85 7.53 1.76 0.00 59.49 23.60 1.28 29.66 8.18 1.91 0.00 64.63 5.14 8.64%23.60 1.28 29.66 6.92 9.22 2.15 0.00 72.83$ 13.34 22.42%
* Service fee is adjusted at 90% of CPI
(a) 15% of the sum of service and disposal
(b) 3.5% of the sum of service and disposal
2017 Rate Components Proposed 2019 Rate Components - Option 2Proposed 2019 Rate Components - Option 1
G.15.c
Packet Pg. 403 Attachment: Exhibit B - Commercial Rates (Resolution Setting a Public Hearing Relating to Refuse Rate Adjustments)
2019 Grand Terrace Rates 3-12-19.xlsx 9 Rolloff
Burrtec Waste Industries, Inc.
City of Grand Terrace
Effective July 1, 2019
Rolloff Service
90% of CPI Changes
CPI 3.5%2.5%2018 Fee per Load 3.5%from
2.4%15.0%Pavement 90% of Service &$2.75 15.0%Pavement current from
49.13$ Franchise Impact Total 2.3%Disposal Compliance 51.55$ Franchise Impact Total 2017 2017
Size Tons Service*Disposal Fee (a)Fee (b)Rate Service*Catch Up Fee to Burrtec Disposal Fee (a)Fee (b)Rate $%
Permanent
40 6 184.36 Actual 27.65 6.45 218.46 194.64 4.92 2.75 Actual 30.35 7.08 239.74$ 21.28 9.74%
20 6 184.36 Actual 27.65 6.45 218.46 194.64 4.92 2.75 Actual 30.35 7.08 239.74$ 21.28 9.74%
10 8 184.36 Actual 27.65 6.45 218.46 194.64 4.92 2.75 Actual 30.35 7.08 239.74$ 21.28 9.74%
40 184.36 Actual 27.65 6.45 218.46 194.64 4.92 Actual 29.93 6.98 236.47$ 18.01 8.24%
(Recycling)
40 184.36 Actual 27.65 6.45 218.46 194.64 4.92 Actual 29.93 6.98 236.47$ 18.01 8.24%
(Green Waste)
40 8 206.03 Actual 30.90 7.21 244.14 217.51 5.49 2.75 Actual 33.86 7.90 267.51$ 23.37 9.57%
(Compactor)
Temporary
40 6 206.03 294.78 75.12 17.53 593.46 217.51 5.49 2.75 309.30 80.26 18.73 634.04$ 40.58 6.84%
20 6 206.03 294.78 75.12 17.53 593.46 217.51 5.49 2.75 309.30 80.26 18.73 634.04$ 40.58 6.84%
10 6 206.03 294.78 75.12 17.53 593.46 217.51 5.49 2.75 309.30 80.26 18.73 634.04$ 40.58 6.84%
40
(Rent per Day)24.59 N/A 3.69 0.86 29.14 25.96 0.66 N/A 3.89 0.91 31.42$ 2.28 7.82%
Dump Fee 49.13 7.37 1.72 58.22 51.55 7.73 1.80 61.08$ 2.86 4.91%
(Temp. Additional Over 5 Tons)49.13 7.37 1.72 58.22 51.55 7.73 1.80 61.08$ 2.86 4.91%
-----
* Service fee is adjusted at 90% of CPI
(a) 15% of the sum of service and disposal
(b) 3.5% of the service
Perm. Box serviced a minimum of four (4) times per month and left on premises full time
Temp. Box serviced a minimum of one time every seven (7) days
2017 Rate Components Proposed 2019 Rate Components
G.15.c
Packet Pg. 404 Attachment: Exhibit B - Commercial Rates (Resolution Setting a Public Hearing Relating to Refuse Rate Adjustments)
2019 Grand Terrace Rates 3-12-19.xlsx 12 Equal Comm Refuse w Recyc
Burrtec Waste Industries, Inc.
City of Grand Terrace
Effective July 1, 2019
Commercial Bin Service - Equalized Rates
90% of CPI Changes
CPI 3.5%0.500$ 2.5%Fee per Yard Lbs/Yr 3.5%0.570$ from
2.4%159.00 15.0%Pavement Street 90% of $0.15 131.00 Recycling FW 15.0%Pavement Street current from
Bin 37.13$ Franchise Impact Sweeping Total 2.3%Compliance 39.55$ 1.73$ 1.59$ Franchise Impact Sweeping Total 2017 2017
Size Freq Service*Disposal Fee (a)Fee (b)Fee Rate Service*Fee to Burrtec Disposal Fee Fee Fee (a)Fee (b)Fee Rate $%
2 1 59.71 25.58 12.79 2.99 4.33 105.40 63.04 1.30 22.45 14.99 13.78 17.33 4.04 4.94 141.87$ 36.47 34.60%
2 2 105.44 51.17 23.49 5.48 8.67 194.25 111.31 2.60 44.90 29.99 27.56 32.45 7.57 9.88 266.26$ 72.01 37.07%
2 3 165.14 76.75 36.28 8.47 13.00 299.64 174.34 3.90 67.35 44.98 41.34 49.79 11.62 14.82 408.14$ 108.50 36.21%
2 4 224.86 102.33 49.08 11.45 17.33 405.05 237.40 5.20 89.80 59.97 55.12 67.12 15.66 19.76 550.03$ 144.98 35.79%
2 5 284.02 127.91 61.79 14.42 21.67 509.81 299.85 6.50 112.26 74.97 68.90 84.37 19.69 24.70 691.24$ 181.43 35.59%
2 6 343.99 153.50 74.62 17.41 26.00 615.52 363.17 7.80 134.71 89.96 82.68 101.75 23.74 29.64 833.45$ 217.93 35.41%
Add. Pickup (on-site)7.15 5.90 1.96 0.46 0.00 15.47 7.55 5.18 3.46 3.18 2.91 0.68 0.00 22.96$ 7.49 48.42%
Add. Pickup (unsched)22.35 5.90 4.24 0.99 0.00 33.48 23.60 5.18 3.46 3.18 5.31 1.24 0.00 41.97$ 8.49 25.36%
3 1 76.60 38.37 17.25 4.02 6.50 142.74 80.87 1.95 33.68 22.49 20.67 23.95 5.59 7.41 196.61$ 53.87 37.74%
3 2 139.60 76.75 32.45 7.57 13.00 269.37 147.38 3.90 67.35 44.98 41.34 45.74 10.67 14.82 376.18$ 106.81 39.65%
3 3 216.31 115.12 49.71 11.60 19.50 412.24 228.36 5.85 101.03 67.47 62.01 69.71 16.27 22.23 572.93$ 160.69 38.98%
3 4 301.90 153.50 68.31 15.94 26.00 565.65 318.73 7.80 134.71 89.96 82.68 95.08 22.19 29.64 780.79$ 215.14 38.03%
3 5 369.60 191.87 84.22 19.65 32.50 697.84 390.20 9.75 168.38 112.45 103.35 117.62 27.44 37.05 966.24$ 268.40 38.46%
3 6 445.99 230.24 101.43 23.67 39.00 840.33 470.85 11.70 202.06 134.94 124.02 141.54 33.02 44.46 1,162.59$ 322.26 38.35%
Add. Pickup (on-site)7.15 8.85 2.40 0.56 0.00 18.96 7.55 7.77 5.19 4.77 3.79 0.88 0.00 29.95$ 10.99 57.96%
Add. Pickup (unsched)22.35 8.85 4.68 1.09 0.00 36.97 23.60 7.77 5.19 4.77 6.20 1.45 0.00 48.98$ 12.01 32.49%
4 1 101.03 51.17 22.83 5.33 8.67 189.03 106.66 2.60 44.90 29.99 27.56 31.76 7.41 9.88 260.76$ 71.73 37.95%
4 2 188.32 102.33 43.60 10.17 17.33 361.75 198.82 5.20 89.80 59.97 55.12 61.34 14.31 19.76 504.32$ 142.57 39.41%
4 3 289.45 153.50 66.44 15.50 26.00 550.89 305.58 7.80 134.71 89.96 82.68 93.11 21.73 29.64 765.21$ 214.32 38.90%
4 4 390.59 204.66 89.29 20.83 34.67 740.04 412.36 10.40 179.61 119.95 110.24 124.88 29.14 39.52 1,026.10$ 286.06 38.65%
4 5 493.60 255.83 112.41 26.23 43.33 931.40 521.12 13.00 224.51 149.93 137.80 156.95 36.62 49.40 1,289.33$ 357.93 38.43%
4 6 591.81 306.99 134.82 31.46 52.00 1,117.08 624.80 15.60 269.41 179.92 165.36 188.26 43.93 59.28 1,546.56$ 429.48 38.45%
Add. Pickup (on-site)7.15 11.81 2.84 0.66 0.00 22.46 7.55 10.36 6.92 6.36 4.68 1.09 0.00 36.96$ 14.50 64.56%
Add. Pickup (unsched)22.35 11.81 5.12 1.20 0.00 40.48 23.60 10.36 6.92 6.36 7.09 1.65 0.00 55.98$ 15.50 38.29%
6 1 144.19 76.75 33.14 7.73 13.00 274.81 152.22 3.90 67.35 44.98 41.34 46.47 10.84 14.82 381.92$ 107.11 38.98%
6 2 274.44 153.50 64.19 14.98 26.00 533.11 289.73 7.80 134.71 89.96 82.68 90.73 21.17 29.64 746.42$ 213.31 40.01%
6 3 419.18 230.24 97.41 22.73 39.00 808.56 442.54 11.70 202.06 134.94 124.02 137.29 32.03 44.46 1,129.04$ 320.48 39.64%
6 4 562.84 306.99 130.47 30.44 52.00 1,082.74 594.21 15.60 269.41 179.92 165.36 183.68 42.86 59.28 1,510.32$ 427.58 39.49%
6 5 707.04 383.74 163.62 38.18 65.00 1,357.58 746.45 19.50 336.77 224.90 206.70 230.15 53.70 74.10 1,892.27$ 534.69 39.39%
6 6 851.23 460.49 196.76 45.91 78.00 1,632.39 898.67 23.40 404.12 269.88 248.04 276.62 64.54 88.92 2,274.19$ 641.80 39.32%
Add. Pickup (on-site)7.15 17.71 3.73 0.87 0.00 29.46 7.55 15.54 10.38 9.54 6.45 1.51 0.00 50.97$ 21.51 73.01%
Add. Pickup (unsched)22.35 17.71 6.01 1.40 0.00 47.47 23.60 15.54 10.38 9.54 8.86 2.07 0.00 69.99$ 22.52 47.44%
Add'l Charges
T-Bins - 3 yards (COD)22.35 38.37 9.11 2.13 N/A 71.96 23.60 33.68 22.49 20.67 15.07 3.52 N/A 119.03$ 47.07 65.41%
96 Gal Commingled Recycling N/C N/C N/A
Extra Recycling Barrel 2.17 2.29$ 0.12 5.53%
Locks
Burned Bin 283.45 42.52 N/A N/A 325.97 299.25 44.89 N/A N/A 344.14$ 18.17 5.57%
Exchanges 59.73 8.96 N/A N/A 68.69 63.06 9.46 N/A N/A 72.52$ 3.83 5.58%
Lock Rental (Monthly)12.15 1.82 N/A N/A 13.97 12.83 1.92 N/A N/A 14.75$ 0.78 5.58%
Lost or Stolen Bin 506.15 75.92 N/A N/A 582.07 534.36 80.15 N/A N/A 614.51$ 32.44 5.57%
Overage 33.99 5.10 N/A N/A 39.09 35.89 5.38 N/A N/A 41.27$ 2.18 5.58%
Replaced Key 5.06 0.76 N/A N/A 5.82 5.34 0.80 N/A N/A 6.14$ 0.32 5.50%
Replaced Lock 25.30 3.80 N/A N/A 29.10 26.71 4.01 N/A N/A 30.72$ 1.62 5.57%
-----
* Service fee is adjusted at 90% of CPI
(a) 15% of the sum of service and disposal
(b) 3.5% of the sum of service and disposal
2017 Rate Components Proposed 2019 Rate Components - Option 3
G.15.d
Packet Pg. 405 Attachment: Exhibit C- Equalized Rates (Resolution Setting a Public Hearing Relating to Refuse Rate Adjustments)
2019 Grand Terrace Rates 3-12-19.xlsx 12b Equal MF Refuse w Recyc
Burrtec Waste Industries, Inc.
City of Grand Terrace
Effective July 1, 2019
Multi-Family Commercial Bin Service - Equalized Rates
90% of CPI Changes
CPI 3.5%0.160$ 0.500$ 2.5%Fee per Yard Lbs/Yr 3.5%0.160$ 0.570$ from
2.4%159.00 15.0%Pavement Street 90% of $0.15 131.00 Recycling FW 15.0%Pavement Street current from
Bin 37.13$ Franchise Impact HHW Sweeping Total 2.3%Compliance 39.55$ 1.73$ 1.59$ Franchise Impact HHW Sweeping Total 2017 2017
Size Freq Service*Disposal Fee (a)Fee (b)Fee Fee Rate Service*Fee to Burrtec Disposal Fee Fee Fee (a)Fee (b)Fee Fee Rate $%
2 1 59.71 25.58 12.79 2.99 1.39 4.33 106.79 63.04 1.30 22.45 14.99 13.78 17.33 4.04 1.39 4.94 143.26$ 36.47 34.15%
2 2 105.44 51.16 23.49 5.48 2.77 8.67 197.01 111.31 2.60 44.90 29.99 27.56 32.45 7.57 2.77 9.88 269.03$ 72.02 36.56%
2 3 165.14 76.74 36.28 8.47 4.16 13.00 303.79 174.34 3.90 67.35 44.98 41.34 49.79 11.62 4.16 14.82 412.30$ 108.51 35.72%
2 4 224.86 102.32 49.08 11.45 5.55 17.33 410.59 237.40 5.20 89.80 59.97 55.12 67.12 15.66 5.55 19.76 555.58$ 144.99 35.31%
2 5 284.02 127.90 61.79 14.42 6.93 21.67 516.73 299.85 6.50 112.25 74.97 68.90 84.37 19.69 6.93 24.70 698.16$ 181.43 35.11%
2 6 343.99 153.48 74.62 17.41 8.32 26.00 623.82 363.17 7.80 134.70 89.96 82.68 101.75 23.74 8.32 29.64 841.76$ 217.94 34.94%
Add. Pickup (on-site)7.15 5.90 1.96 0.46 0.00 0.00 15.47 7.55 5.18 3.46 3.18 2.91 0.68 0.00 0.00 22.96$ 7.49 48.42%
Add. Pickup (unsched)22.35 5.90 4.24 0.99 0.00 0.00 33.48 23.60 5.18 3.46 3.18 5.31 1.24 0.00 0.00 41.97$ 8.49 25.36%
3 1 76.60 38.37 17.25 4.02 2.08 6.50 144.82 80.87 1.95 33.68 22.49 20.67 23.95 5.59 2.08 7.41 198.69$ 53.87 37.20%
3 2 139.60 76.74 32.45 7.57 4.16 13.00 273.52 147.38 3.90 67.36 44.98 41.34 45.74 10.67 4.16 14.82 380.35$ 106.83 39.06%
3 3 216.31 115.11 49.71 11.60 6.24 19.50 418.47 228.36 5.85 101.04 67.47 62.01 69.71 16.27 6.24 22.23 579.18$ 160.71 38.40%
3 4 301.90 153.48 68.31 15.94 8.32 26.00 573.95 318.73 7.80 134.72 89.96 82.68 95.08 22.19 8.32 29.64 789.12$ 215.17 37.49%
3 5 369.60 191.85 84.22 19.65 10.40 32.50 708.22 390.20 9.75 168.40 112.45 103.35 117.62 27.45 10.40 37.05 976.67$ 268.45 37.90%
3 6 445.99 230.22 101.43 23.67 12.48 39.00 852.79 470.85 11.70 202.08 134.94 124.02 141.54 33.03 12.48 44.46 1,175.10$ 322.31 37.79%
Add. Pickup (on-site)7.15 8.85 2.40 0.56 0.00 0.00 18.96 7.55 7.77 5.19 4.77 3.79 0.88 0.00 0.00 29.95$ 10.99 57.96%
Add. Pickup (unsched)22.35 8.85 4.68 1.09 0.00 0.00 36.97 23.60 7.77 5.19 4.77 6.20 1.45 0.00 0.00 48.98$ 12.01 32.49%
4 1 101.03 51.17 22.83 5.33 2.77 8.67 191.80 106.66 2.60 44.90 29.99 27.56 31.76 7.41 2.77 9.88 263.53$ 71.73 37.40%
4 2 188.32 102.34 43.60 10.17 5.55 17.33 367.31 198.82 5.20 89.80 59.97 55.12 61.34 14.31 5.55 19.76 509.87$ 142.56 38.81%
4 3 289.45 153.51 66.44 15.50 8.32 26.00 559.22 305.58 7.80 134.70 89.96 82.68 93.11 21.73 8.32 29.64 773.52$ 214.30 38.32%
4 4 390.59 204.68 89.29 20.83 11.09 34.67 751.15 412.36 10.40 179.60 119.95 110.24 124.88 29.14 11.09 39.52 1,037.18$ 286.03 38.08%
4 5 493.60 255.85 112.42 26.23 13.87 43.33 945.30 521.12 13.00 224.50 149.93 137.80 156.95 36.62 13.87 49.40 1,303.19$ 357.89 37.86%
4 6 591.81 307.02 134.82 31.46 16.64 52.00 1,133.75 624.80 15.60 269.40 179.92 165.36 188.26 43.93 16.64 59.28 1,563.19$ 429.44 37.88%
Add. Pickup (on-site)7.15 11.81 2.84 0.66 0.00 0.00 22.46 7.55 10.36 6.92 6.36 4.68 1.09 0.00 0.00 36.96$ 14.50 64.56%
Add. Pickup (unsched)22.35 11.81 5.12 1.20 0.00 0.00 40.48 23.60 10.36 6.92 6.36 7.09 1.65 0.00 0.00 55.98$ 15.50 38.29%
6 1 144.19 76.75 33.14 7.73 4.16 13.00 278.97 152.22 3.90 67.35 44.98 41.34 46.47 10.84 4.16 14.82 386.08$ 107.11 38.39%
6 2 274.44 153.50 64.19 14.98 8.32 26.00 541.43 289.73 7.80 134.70 89.96 82.68 90.73 21.17 8.32 29.64 754.73$ 213.30 39.40%
6 3 419.18 230.25 97.41 22.73 12.48 39.00 821.05 442.54 11.70 202.05 134.94 124.02 137.29 32.03 12.48 44.46 1,141.51$ 320.46 39.03%
6 4 562.84 307.00 130.48 30.44 16.64 52.00 1,099.40 594.21 15.60 269.40 179.92 165.36 183.67 42.86 16.64 59.28 1,526.94$ 427.54 38.89%
6 5 707.04 383.75 163.62 38.18 20.80 65.00 1,378.39 746.45 19.50 336.75 224.90 206.70 230.15 53.70 20.80 74.10 1,913.05$ 534.66 38.79%
6 6 851.23 460.50 196.76 45.91 24.96 78.00 1,657.36 898.67 23.40 404.10 269.88 248.04 276.61 64.54 24.96 88.92 2,299.12$ 641.76 38.72%
Add. Pickup (on-site)7.15 17.71 3.73 0.87 0.00 0.00 29.46 7.55 15.54 10.38 9.54 6.45 1.51 0.00 0.00 50.97$ 21.51 73.01%
Add. Pickup (unsched)22.35 17.71 6.01 1.40 0.00 0.00 47.47 23.60 15.54 10.38 9.54 8.86 2.07 0.00 0.00 69.99$ 22.52 47.44%
Add'l Charges
T-Bins - 3 yards (COD)22.35 38.37 9.11 2.13 N/A N/A 71.96 23.60 33.68 22.49 20.67 15.07 3.52 N/A N/A 119.03$ 47.07 65.41%
96 Gal Commingled Recycling N/C N/C
Extra Recycling Barrel 2.17 2.29$ 0.12 5.53%
Locks
Burned Bin 283.45 42.52 N/A N/A N/A 325.97 299.25 44.89 N/A N/A N/A 344.14$ 18.17 5.57%
Exchanges 59.73 8.96 N/A N/A N/A 68.69 63.06 9.46 N/A N/A N/A 72.52$ 3.83 5.58%
Lock Rental (Monthly)12.15 1.82 N/A N/A N/A 13.97 12.83 1.92 N/A N/A N/A 14.75$ 0.78 5.58%
Lost or Stolen Bin 506.15 75.92 N/A N/A N/A 582.07 534.36 80.15 N/A N/A N/A 614.51$ 32.44 5.57%
Overage 33.99 5.10 N/A N/A N/A 39.09 35.89 5.38 N/A N/A N/A 41.27$ 2.18 5.58%
Replaced Key 5.06 0.76 N/A N/A N/A 5.82 5.34 0.80 N/A N/A N/A 6.14$ 0.32 5.50%
Replaced Lock 25.30 3.80 N/A N/A N/A 29.10 26.71 4.01 N/A N/A N/A 30.72$ 1.62 5.57%
-----
* Service fee is adjusted at 90% of CPI
(a) 15% of the sum of service and disposal
(b) 3.5% of the sum of service and disposal
2017 Rate Components Proposed 2019 Rate Components - Option 3
G.15.d
Packet Pg. 406 Attachment: Exhibit C- Equalized Rates (Resolution Setting a Public Hearing Relating to Refuse Rate Adjustments)
2019 Grand Terrace Rates 3-12-19.xlsx 12c Equal FW Refuse w Recy
Burrtec Waste Industries, Inc.
City of Grand Terrace
Effective July 1, 2019
Food Waste Service - Equalized Rates
Changes
Fee per Yard Lbs/Yr 3.5%0.570$ from
$0.15 131.00 Recycling FW 15.0%Pavement Street proposed from
Bin Compliance 39.55$ 1.73$ 1.59$ Franchise Impact Sweeping Total 2018 2018
Size Freq Service*Fee to Burrtec Disposal Fee/Yrd Fee/Yrd Fee (a)Fee (b)Fee Rate $%
1.5 1 54.81 0.98 16.84 11.25 10.34 14.13 3.30 3.71 115.36$ 7.14$ 6.60%
1.5 2 90.52 1.95 33.68 22.49 20.67 25.40 5.93 7.41 208.05$ 6.45$ 3.20%
1.5 3 138.74 2.93 50.52 33.74 31.01 38.54 8.99 11.12 315.59$ 5.79$ 1.87%
1.5 4 184.54 3.90 67.35 44.98 41.34 51.32 11.97 14.82 420.22$ 2.20$ 0.53%
1.5 5 212.06 4.88 84.19 56.23 51.68 61.36 14.32 18.53 503.25$ (22.39)$ -4.26%
1.5 6 273.51 5.85 101.03 67.47 62.01 76.48 17.85 22.23 626.43$ (7.67)$ -1.21%
Add. Pickup (on-site)7.55 3.89 2.60 2.39 2.46 0.58 0.00 19.47$ 1.19$ 6.51%
Add. Pickup (unsched)23.60 3.89 2.60 2.39 4.87 1.14 0.00 38.49$ 1.61$ 4.37%
2 1 63.04 1.30 22.45 14.99 13.78 17.33 4.04 4.94 141.87$ 8.86$ 6.66%
2 2 111.31 2.60 44.90 29.99 27.56 32.45 7.57 9.88 266.26$ 17.34$ 6.97%
2 3 174.34 3.90 67.35 44.98 41.34 49.79 11.62 14.82 408.14$ 26.22$ 6.87%
2 4 237.40 5.20 89.80 59.97 55.12 67.12 15.66 19.76 550.03$ 35.08$ 6.81%
2 5 299.85 6.50 112.26 74.97 68.90 84.37 19.69 24.70 691.24$ 43.96$ 6.79%
2 6 363.17 7.80 134.71 89.96 82.68 101.75 23.74 29.64 833.45$ 52.84$ 6.77%
Add. Pickup (on-site)7.55 5.18 3.46 3.18 2.91 0.68 0.00 22.96$ 1.51$ 7.04%
Add. Pickup (unsched)23.60 5.18 3.46 3.18 5.31 1.24 0.00 41.97$ 1.93$ 4.82%
65Gal 1 25.77 0.46 3.83 0.97 3.27 5.15 1.20 1.14 41.79$ 3.11$ 8.04%
65Gal 2 45.50 0.46 7.66 1.94 6.54 9.32 2.17 2.28 75.87$ 5.50$ 7.82%
65Gal 3 71.26 0.46 11.49 2.91 9.81 14.39 3.36 3.42 117.10$ 8.05$ 7.38%
65Gal 4 97.04 0.46 15.32 3.88 13.08 19.47 4.54 4.56 158.35$ 10.61$ 7.18%
65Gal 5 122.57 0.46 19.15 4.85 16.35 24.51 5.72 5.70 199.31$ 13.16$ 7.07%
65Gal 6 148.45 0.46 22.98 5.82 19.62 29.60 6.91 6.84 240.68$ 15.72$ 6.99%
Add. Pickup (on-site)7.55 0.88 0.22 0.75 1.41 0.33 0.00 11.14$ 0.61$ 5.79%
Add. Pickup (unsched)23.60 0.88 0.22 0.75 3.82 0.89 0.00 30.16$ 1.03$ 3.54%
-----
* Service fee is adjusted at 90% of CPI
(a) 15% of the sum of service and disposal
(b) 3.5% of the sum of service and disposal
Proposed 2019 Rate Components - Option 3
G.15.d
Packet Pg. 407 Attachment: Exhibit C- Equalized Rates (Resolution Setting a Public Hearing Relating to Refuse Rate Adjustments)
2019 Grand Terrace Rates 3-12-19.xlsx 12d Equal Compactor w Recyc
Burrtec Waste Industries, Inc.
City of Grand Terrace
Effective July 1, 2019
Commercial Compactor Bin Service - Equalized Rates
90% of CPI Changes
CPI 3.5%0.500$ 2.5%Fee per Yard 3.5%0.570$ from
2.4%375.00 15.0%Pavement Street 90% of $0.15 375.00 Recycling FW 15.0%Pavement Street current from
Bin 37.13$ Franchise Impact Sweeping Total 2.3%Compliance 39.55$ 1.73$ 1.59$ Franchise Impact Sweeping Total 2017 2017
Size Freq Service*Disposal Fee (a)Fee (b)Fee Rate Service*Fee to Burrtec Disposal Fee Fee Fee (a)Fee (b)Fee Rate $%
2 1 62.39 60.34 18.41 4.30 4.33 149.77 65.87 1.30 64.27 14.99 13.78 24.03 5.61 4.94 194.79 45.02 30.06%
2 2 110.53 120.67 34.68 8.09 8.67 282.64 116.69 2.60 128.54 29.99 27.56 45.81 10.69 9.88 371.76 89.12 31.53%
2 3 172.93 181.01 53.09 12.39 13.00 432.42 182.56 3.90 192.81 44.98 41.34 69.84 16.30 14.82 566.55 134.13 31.02%
2 4 235.33 241.35 71.50 16.68 17.33 582.19 248.45 5.20 257.08 59.97 55.12 93.87 21.90 19.76 761.35 179.16 30.77%
2 5 297.18 301.68 89.83 20.96 21.67 731.32 313.74 6.50 321.34 74.97 68.90 117.82 27.49 24.70 955.46 224.14 30.65%
2 6 359.84 362.02 108.28 25.27 26.00 881.41 379.89 7.80 385.61 89.96 82.68 141.89 33.11 29.64 1,150.58 269.17 30.54%
Add. Pickup (on-site)7.15 13.92 3.16 0.74 0.00 24.97 7.55 14.83 3.46 3.18 4.35 1.02 0.00 34.39 9.42 37.73%
Add. Pickup (unsched)22.35 13.92 5.44 1.27 0.00 42.98 23.60 14.83 3.46 3.18 6.76 1.58 0.00 53.41 10.43 24.27%
3 1 80.36 90.50 25.63 5.98 6.50 208.97 84.84 1.95 96.40 22.49 20.67 33.95 7.92 7.41 275.63 66.66 31.90%
3 2 146.82 181.01 49.17 11.47 13.00 401.47 155.00 3.90 192.81 44.98 41.34 65.70 15.33 14.82 533.88 132.41 32.98%
3 3 227.26 271.51 74.82 17.46 19.50 610.55 239.92 5.85 289.21 67.47 62.01 99.67 23.26 22.23 809.62 199.07 32.61%
3 4 307.39 362.02 100.41 23.43 26.00 819.25 324.53 7.80 385.61 89.96 82.68 133.59 31.17 29.64 1,084.98 265.73 32.44%
3 5 388.08 452.52 126.09 29.42 32.50 1,028.61 409.71 9.75 482.02 112.45 103.35 167.59 39.10 37.05 1,361.02 332.41 32.32%
3 6 468.21 543.03 151.69 35.39 39.00 1,237.32 494.30 11.70 578.42 134.94 124.02 201.51 47.02 44.46 1,636.37 399.05 32.25%
Add. Pickup (on-site)7.15 20.88 4.20 0.98 0.00 33.21 7.55 22.25 5.19 4.77 5.96 1.39 0.00 47.11 13.90 41.85%
Add. Pickup (unsched)22.35 20.88 6.48 1.51 0.00 51.22 23.60 22.25 5.19 4.77 8.37 1.95 0.00 66.13 14.91 29.11%
4 1 105.99 120.67 34.00 7.93 8.67 277.26 111.90 2.60 128.54 29.99 27.56 45.09 10.52 9.88 366.08 88.82 32.03%
4 2 197.96 241.35 65.90 15.38 17.33 537.92 208.99 5.20 257.08 59.97 55.12 87.95 20.52 19.76 714.59 176.67 32.84%
4 3 304.08 362.02 99.92 23.31 26.00 815.33 321.03 7.80 385.61 89.96 82.68 133.06 31.05 29.64 1,080.83 265.50 32.56%
4 4 410.19 482.69 133.93 31.25 34.67 1,092.73 433.06 10.40 514.15 119.95 110.24 178.17 41.57 39.52 1,447.06 354.33 32.43%
4 5 516.30 603.36 167.95 39.19 43.33 1,370.13 545.07 13.00 642.69 149.93 137.80 223.27 52.10 49.40 1,813.26 443.13 32.34%
4 6 621.34 724.04 201.81 47.09 52.00 1,646.28 655.97 15.60 771.23 179.92 165.36 268.21 62.58 59.28 2,178.15 531.87 32.31%
Add. Pickup (on-site)7.15 27.85 5.25 1.23 0.00 41.48 7.55 29.66 6.92 6.36 7.57 1.77 0.00 59.83 18.35 44.24%
Add. Pickup (unsched)22.35 27.85 7.53 1.76 0.00 59.49 23.60 29.66 6.92 6.36 9.98 2.33 0.00 78.85 19.36 32.54%
* Service fee is adjusted at 90% of CPI
(a) 15% of the sum of service and disposal
(b) 3.5% of the sum of service and disposal
2017 Rate Components 2019 Rate Components - Option 3
G.15.d
Packet Pg. 408 Attachment: Exhibit C- Equalized Rates (Resolution Setting a Public Hearing Relating to Refuse Rate Adjustments)
2019 Grand Terrace Rates 3-12-19.xlsx 13 Special Services
Burrtec Waste Industries, Inc.
City of Grand Terrace
Effective July 1, 2019
Residential and Commercial - Special Services
Push Bin Rates
Push Bin Rates Per Pick-Up Frequency:1/week 2/week 3/week per Pick Up 1/week 2/week 3/week 4/week 5/week 6/week
0-25 feet N/C N/C N/C 0-25 feet 20.00$ 40.00$ 60.00$ 80.00$ 100.00$ 120.00$
26-50 feet 7.63$ 15.27$ 22.90$ 26-50 feet 40.00$ 80.00$ 120.00$ 160.00$ 200.00$ 240.00$
51-75 feet 9.82$ 19.63$ 29.44$ 50-75 Feet 60.00$ 120.00$ 180.00$ 240.00$ 300.00$ 360.00$
76-100 feet 10.91$ 21.81$ 32.72$ Over 75 Feet
101-125 feet 11.99$ 23.98$ 35.99$
126-150 feet 13.09$ 26.16$ 39.26$
151-175 feet 14.18$ 28.35$ 42.53$
176-200 feet 15.27$ 30.54$ 45.79$
Over 200 feet 16.35$ 32.72$ 49.07$
90% of CPI 2.4%
Proposed Rates 2019
Scout Service Required - Rate $150 per hour
Current Rates - 2017 8/1/17
G.15.e
Packet Pg. 409 Attachment: Exhibit D- Special Services (Resolution Setting a Public Hearing Relating to Refuse Rate Adjustments)
2019 Grand Terrace Rates 3-12-19.xlsx 14 Comm Add'l Fees
Burrtec Waste Industries, Inc.
City of Grand Terrace
Effective July 1, 2019
Additional Fees Changes
from
current from
2017 2018 2019 2017 2017
Additional Services Rate Rate Rate $%
Residential & Commercial
On-call Bulky Pickup - First Item $27.73 $28.62 $29.28 $1.55 5.6%
On-call Bulky Pickup - Each Additional Item $16.35 $16.87 $17.26 $0.91 5.6%
.
Commercial
Bin enclosure Clean Up - Per Hour $47.09 $48.60 $49.72 $2.63 5.6%
Extra Barrel $11.04 $11.39 $11.65 $0.61 5.5%
Residential
Extra Pick Up - On Service Day $10.47 $10.81 $11.06 $0.59 5.6%
Extra Pick Up - All Other Days $20.93 $21.60 $22.10 $1.17 5.6%
Roll-Off
Relocation/Extra Trip Charge (no pull)$75.00 $77.40 $79.18 $4.18 5.6%
Contamination Fee Barrel/Bin FW/Recycling/GW $50.00 $55.00 $56.27 $6.27 12.5%
Tilthopper $35.00 $36.12 $36.95 $1.95 5.6%
90% of CPI 2.4%3.2%2.3%
G.15.e
Packet Pg. 410 Attachment: Exhibit D- Special Services (Resolution Setting a Public Hearing Relating to Refuse Rate Adjustments)
AGENDA REPORT
MEETING DATE: May 14, 2019 Council Item
TITLE: Rescind Authorization to Enter into Lease Agreement with
EVGO and Approve Lease Agreement with Carbon
Solutions to Provide Electric Vehicle Equipment and Related
Services for Electric Vehicle Charging Stations (EVCS) on
City Property
PRESENTED BY: Alan French, Public Works Director
RECOMMENDATION:
1. Rescind authorization to enter into Lease Agreement
previously awarded to EVGO for Electric Vehicle Service
Equipment and Related Services for an Electric Vehicle
Charging Station Project (EVCS) on City property;
2. Approve a Lease Agreement between the City and
Carbon Solutions for Electric Vehicle Service Equipment and
Related Services for an EV Charging Station Project on City
property, subject to City Attorney approval as to form;
3. Authorize the City Manager to Execute the Agreement ,
subject to City Attorney approval as to form;
4. Acknowledge, by executing the lease agreement, the City
agrees to use or sign over the California Energy
Commission's Southern California Incentive Program (SCIP)
grant for up to $140,000 for the project.
2030 VISION STATEMENT:
This staff report supports Goal #3 to “Promote Economic Development” and Goal #4
“Develop and Implement Successful Partnerships” by working with local, regional and
state agencies.
BACKGROUND:
City staff have secured funding from multiple sources to install EV charging stations in
the City of Grand Terrace. The grants included a $140,000 SCIP grant for use at public
G.16
Packet Pg. 411
facilities and a $45,000 MSRC Grant. The total amount of grants available to establish
EV charging stations in the City is $185,000.
On February 26, 2019; the City Council approved a Lease Agreement with EVGO to
provide electric vehicle charging station services at City Hall in the amount of $170,000.
Any additional costs above grant proceeds was to be covered by EVGO.
DISCUSSION:
EVGO’s original proposal included trenching from the transformer in the front of City
Hall to the City’s Corporation Yard. However, EVGO modified their proposal to use
existing power lines in the Corporation Yard. EVGO felt this was a more efficient
alternative than trenching from the front of City Hall to the Corporation Yard. However,
this alternative requires Edison to install a new power pole next to the EVGO Charging
station. Edison can’t guarantee the installation of the new power pole will be in place
before the SCIP grant expires at the end of September 2019.
It is possible that EVGO would not be able to meet the timelines of the grant if they
pursued their modified proposal. Therefore, City staff and EVGO believe the best
solution is to cancel the Lease Agreement, which would allow the City to work with the
other proposer. On April 23, 2019, City staff met with Carbon Solutions, the other
proposer, to determine their interest in providing EVCS services for the City. In addition,
staff confirmed Carbon Solutions ability to meet the grant timelines. Carbon Solutions
representative, Mr. O’ Donnell, assured staff that Carbon Solutions can meet the grant
timeline. Therefore, City staff recommends the rejection of Proposal 2 (EVGO) and
award of Proposal I (Carbon Solutions).
The lease option proposals submitted include:
Proposal 1 Carbon Solutions (ChargePoint) - Chicago, IL $173,155.00
Proposal 2 EVGO Fast Charging - Los Angeles, CA $170,000.00
In addition, Carbon Solutions agreed to install the charging stations behind City Hall at
the south end of the parking lot (see Attachment III). In addition to the two (2) DC Fast
Chargers, Carbon Solutions will also replace the existing Level II charger from the
1990s that is currently in the parking lot in front of the Annex Building. Carbon Solutions
will also be responsible for all monthly and/or annual report ing required by the City's
grantor organizations for the project, and all related costs. The design-build EVCS is
expected to start by the end of May 2019 with installation of the stations to be
completed in the fall.
Once EVGO appeared to be unable to honor the contract, staff reconnected with the
funding agency of the SCIP grant and asked if we could move the location of the
charging station to a commercial site. However, staff was told that these funds are
specifically for public facilities. However, Staff applied to add additional EVCS in
commercial locations.
G.16
Packet Pg. 412
FISCAL IMPACT:
The City has received $185,000 total in grant funding to -date for EV projects. Funding
includes: $140,000 from SCIP and $45,000 from MSRC. The MSRC funding will be split
with $26,000 designated for the City Hall project and the other $19,000 designated for a
future commercial site project. Furthermore, the City has a $16,000 match requirement
for the MSRC grant to be covered by the Air Quality Improvement Fund.
The new EVCS contract would still utilize the following appropriation that was approved
by City Council on February 26, 2019:
Fund No. Fund Title Description Amount
15 Air Quality
Improvement
Fund
Available Fund Balance $17,456.00
15 Air Quality
Improvement
Fund
Appropriation for City’s portion
(match requirement)
($16,000.00)
Revised Fund Balance $1,456.00
After the EV charging stations are operational, the City will receive monthly lease
payments of at least $250 per month regardless of use or energy charges.
ATTACHMENTS:
• Lease Agreement (DOCX)
• Carbon Solutions Proposal (PDF)
• Attachment III (PDF)
APPROVALS:
Alan French Completed 05/08/2019 7:52 PM
City Attorney Completed 05/08/2019 8:20 PM
Finance Completed 05/08/2019 8:33 PM
City Manager Completed 05/08/2019 8:34 PM
City Council Pending 05/14/2019 6:00 PM
G.16
Packet Pg. 413
01247.0006/538679.5 RK
CHARGING STATION LICENSE AGREEMENT
Host: City of Grand Terrace, Agreement Date: _______________, 2019
a municipal corporation
This Charging Station License Agreement (“Agreement”) is entered into as of the Agreement Date by
Host and CARBON SOLUTIONS GROUP, LLC, an Illinois limited liability company (“Carbon
Solutions”).
I. AGREEMENT TERM SUMMARY
Host Property: Grand Terrace City Hall Parking Lot located at:
22795 Barton Road, Grand Terrace, CA 92313
(“Host Property”)
Licensed Area:
See II.A
Host hereby grants to Carbon Solutions the right to the Licensed Area
designated on Exhibit A (the “Licensed Area”) as set forth herein for the
purposes described below.
Exclusivity: Host grants to Carbon Solutions the exclusive right to provide DC fast-
charging at the Licensed Area during the Term.
Initial Term:
See II.B.
The Initial Term shall commence on the Agreement Date and continue for a
period of ten (10) years following the date the Charging Station (defined
below) is first available for commercial charging activity (the
“Commencement Date”).
Number of Carbon
Solutions Charging
Stalls:
Three (3) charging stalls, across three (3) parking spaces.
Charging Station
Equipment:
Carbon Solutions intends to install two (2) DC fast-chargers.
Rent Payments:
See II.C
Rent shall be $250 per month plus tiered revenue share based on KWh
usage, due on the first business day of the calendar month, commencing on
the Commencement Date and terminating on the expiration or earlier
termination of this Agreement. If the Commencement Date falls on a day
after the first day of the month, then the payment obligation for that first
month shall be prorated to cover the portion of the month between the
Commencement Date and the end of the month.
Electricity
See II.D
Carbon Solutions shall set up separate meter service for the Charging
Stations and shall be customer of record with the applicable electricity
provider.
Carbon Solutions
Customers
See II.E
The Charging Stations shall be available for exclusive use by Carbon
Solutions Customers as determined in Carbon Solutions’ sole discretion.
Carbon Solutions may use appropriate signage and striping to indicate and
restrict permitted users of the Charging Stations and Charging Stalls.
Operation &
Maintenance
See II.A.3
Carbon Solutions is responsible for constructing, operating and maintaining
the Charging Stations in good working order and repair.
Construction
See II.G
Carbon Solutions shall be responsible for all installation of the Charging
Stations, ancillary equipment, and supporting infrastructure, including
without limitation grading, paving, and related utility work.
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THIS TERM SUMMARY IS EXPRESSLY INCORPORATED INTO THE BODY OF
THIS AGREEMENT AS THROUGH SET FORTH IN FULL THEREIN; HOWEVER, IF THERE
IS ANY CONFLICT BETWEEN THIS TERM SUMMARY AND THE BODY OF THIS
AGREEMENT, THEN THE BODY OF THIS AGREEMENT SHALL GOVERN
II. AGREEMENT
A. Licensed Area Rights, Use and Maintenance.
1. Grant of rights. Host is the owner of the Host Property and grants to Carbon Solutions,
for the Term of this Agreement, in each case for the sole purposes set forth herein: (i) subject to the terms
of this Agreement, the right to possess, control and occupy the Carbon Solutions Charging Stalls
described on Exhibit A attached hereto, (ii) the right to use and occupy the other areas of the Licensed
Area described on Exhibit A attached hereto, including without limitation for the installation,
maintenance and operation of electric vehicle charging stations and related equipment. However, Carbon
Solutions’ rights under this Agreement shall be subject to the Host’s right to enter into Carbon Solutions
Charging Stalls for the purpose of immediately abating any condition which endangers public health and
safety as determined by the Host in its sole discretion. If such conditions are caused by Carbon Solutions’
activities or equipment, then Carbon Solutions shall fully reimburse Host for all costs incurred.
2. Use of Licensed Area. The Licensed Area may be used by Carbon Solutions for any
lawful activity in connection with the development, construction, installation, maintenance, repair,
replacement, removal, and operation of electric vehicle chargers and ancillary items, including, without
limitation, electrical equipment, hardware, software, signage and all supporting equipment and structures
(which may include concrete pads and protective bollards) (collectively, the “Charging Station”), together
with any other uses permitted herein, on the terms and conditions set forth in this Agreement.
3. Maintenance of Licensed Area.
a. Host shall cause the Licensed Area, including Carbon Solutions Charging Stalls,
to be maintained in a clean, safe, and orderly condition, to at least the same standard as other areas at the
Host Property that are under Host control are maintained.
(i) However, to the extent that Carbon Solutions engages in activities that
inhibit the cleanliness, safety, and orderly condition of the License Area, Carbon Solutions shall maintain
the Licensed Area to Host’s sole and absolute satisfaction. In the event that Carbon Solutions fails to
maintain the Licensed Area as described herein, then Host may immediately take all actions necessary to
ensure the cleanliness, safety, and orderly condition of the License Area and Carbon Solutions shall
reimburse Host for all such costs.
b. Host shall have no responsibility to maintain Carbon Solutions’ Charging Station
or related Carbon Solutions equipment, hardware, software, or signage. Host shall not retain any
ownership rights in the Charging Station and related Carbon Solutions equipment. Carbon Solutions shall
maintain Carbon Solutions’ Charging Station and related Carbon Solutions equipment, hardware,
software, and signage in clean, safe, and orderly condition. Carbon Solutions is solely responsible for
personal property taxes imposed on the Charging Station. However, if Carbon Solutions fails to maintain
Carbon Solutions’ Charging Station (including related Carbon Solutions equipment, hardware, software,
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and signage) in a clean, safe, and orderly condition, then Host may immediately take all actions necessary
to ensure the cleanliness, safety, and orderly condition of Carbon Solutions’ Charging Station and Carbon
Solutions shall reimburse Host for all such costs.
4. Condition of Premises.
a. Carbon Solutions has inspected the Licensed Area and knows the extent and
condition thereof and accepts same in its present condition, subject to and including all defects, latent or
patent. Carbon Solutions shall not commit or suffer to be committed any waste upon the Licensed Area,
improvements, and fixtures or commit or allow any nuisance or other act which may disturb or interfere
with the Host Property and its surroundings. If Carbon Solutions fails to perform the obligations under
this Section, after 30 days written notice setting forth such failure, then Host shall have the right to
perform the same and to charge Carbon Solutions therefor, and Carbon Solutions shall pay the Host such
costs upon Host’s demand.
b. Carbon Solutions shall not use, keep, store or place in or on the Licensed Area
any petroleum products or any materials that are in any way hazardous, toxic, radioactive or explosive,
except those which are necessary and appropriate to accomplish the purpose of this Agreement. All such
materials shall be used, stored, handled, dispensed and disposed of as required by applicable
governmental regulations and laws. Any spills of such materials by Carbon Solutions anywhere on Host
Property shall be immediately reported to Host and cleaned up by Carbon Solutions, at Carbon Solutions’
sole expense, in accordance with standards of the industry and applicable governmental regulations and
laws.
5. Right of Entry. Carbon Solutions shall permit Host’s authorized agents the right and
privilege, at all times, of entering the Licensed Area for the purposes of inspection, performing necessary
improvements, determining whether the terms of this Agreement are being kept and performed, and
posting notices of nonresponsibility.
B. Term & Termination.
1. Term. The Initial Term of this Agreement shall be as set forth in Section I hereinabove.
Following the expiration of the Initial Term, the Host shall have the three (3) options to extend this
Agreement of one (1) year each, unless terminated by either party by providing written notice to the other
party no less than thirty (30) days prior to the expiration of the then-current term. The Initial Term and
any renewal term(s) are referred to collectively herein as the “Term.”
2. Termination for Convenience. This Agreement may be terminated for convenience upon
thirty (30) days’ written notice to either party without penalty or fee:
a. in the case of Carbon Solutions, at any time prior to the submission of the permit
application for construction of the Charging Station at the Host Property or if Carbon Solutions
determines that the construction or continued operation of the Charging Station is impracticable or
uneconomical; and
b. in the case of Host, in the event the Commencement Date has not occurred within
fifteen (15) months following this Agreement Date; provided that the foregoing right shall terminate upon
the Commencement Date.
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c. in the case of Host, in the event that the Grand Terrace City Council in its sole
and absolute discretion determines that the Agreement is no longer in the interest of the City.
3. Termination for Cause. This Agreement may be terminated for cause by either party in
the event of the following:
a. Breach of Obligation. The other party breaches or fails to perform any of its
obligations hereunder in any material respect, and such default or failure continues uncured for thirty (30)
business days after receipt of written notice; provided, however, that if such default or failure reasonably
requires more than thirty (30) business days to cure, this provision shall not be triggered if such breaching
party commences to cure within such period and diligently proceeds to complete such cure;
b. False Representation or Warranty. Any representation made by the other party is
found to be inaccurate when made, or any warranty made by the other party is breached; provided,
however, that the party that allegedly made the false representation or warranty shall have thirty (30)
business days within receipt of written notice to demonstrate to truth or accuracy of such representation or
warranty; or
c. Insolvency. The other party becomes insolvent or proceedings are instituted by
or against it under any provision of any federal or state bankruptcy or insolvency laws.
C. Payment Terms. For any amounts owed by Carbon Solutions to Host, on or before the thirtieth
(30th) day following the applicable due date, Carbon Solutions shall make a payment to Host of such
amount by ACH or other method mutually agreed upon by Carbon Solutions and Host. Prior to Host
receiving any accrued payments owed under this Agreement and in order to facilitate such payments,
Host shall provide Carbon Solutions with a completed Form W-9 and valid ACH payment information
substantially in the form(s) attached hereto as Exhibit B.
D. Electricity.
1. Unless otherwise agreed by the parties, Carbon Solutions shall be responsible for all
electricity costs of the Charging Station by obtaining separately-metered electricity service. Host shall
reasonably cooperate with Carbon Solutions’ efforts regarding the provision of electricity to the Charging
Station. Neither Host nor Carbon Solutions has any responsibility or liability for interruption, curtailment,
failure, or defect in the supply or character of utilities furnished to the Charging Station, unless the cause
of the interruption is covered by the party’s indemnity provided for in Section III(C)(1).
2. Host grants to Carbon Solutions the non-exclusive right to receive utility services,
including but not limited to electric services, and the right for any applicable utility service providers to
construct, reconstruct, install, inspect, maintain, replace, remove, and use said utility services to serve the
Charging Station. Host grants such utility service providers with ingress to and egress from said utility
service facilities across the Host Property. Host grants such utility service providers with the right to
trim, cut down, and clear away or otherwise control any trees or brush within five (5) feet of said route.
Prior to erecting or constructing any building or other structure, or drilling or operating any well, under or
within five (5) feet of said route, Host shall coordinate with Carbon Solutions in ensuring such activities
do not result in an interruption of utility service. In the event that Host Property is damaged due to
Carbon Solutions’ activities, Carbon Solutions shall restore the Host Property to its original condition at
Carbon Solutions’ sole cost.
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E. Carbon Solutions Customers; Access.
1. Carbon Solutions Customers. Carbon Solutions may provide access to the Charging
Station and Carbon Solutions Charging Stalls to its subscribers, customers, agents, employees,
contractors, vendors, guests and invitees (“Carbon Solutions Customers”), who shall be charged in
amounts reasonably determined by Carbon Solutions, which may change from time to time in Carbon
Solutions’ sole discretion. Carbon Solutions Customers may include members of the public, as well as
commercial fleet and rideshare vehicles.
2. Access. During the Term, Host will ensure that Carbon Solutions Customers have
reasonable access to the Licensed Area twenty-four (24) hours per day, seven (7) days per week, and
365/366 days per year. Carbon Solutions and its agents, employees, contractors, and vendors may, at any
time during the Term, reasonably access the Licensed Area and Host Property to maintain, inspect, repair,
upgrade, remove or replace any portion of the Charging Station, provided that Carbon Solutions notifies
Host of such activities at least 48 hours’ prior to commencement of such activities. Carbon Solutions
may install a parking card reader or similar hardware or software, if necessary, to ensure Carbon
Solutions Customers access to the Licensed Area.
F. Signage & Promotional Activities.
1. Signage; Branding. Subject to Host’s prior approval, Carbon Solutions may stripe and
place appropriate signage at Carbon Solutions Charging Stalls, and mark the Charging Station and related
Carbon Solutions equipment in Carbon Solutions’ sole discretion; provided, however, that Host may
require Carbon Solutions to replace any marks or signage that are reasonably offensive or otherwise
violate applicable laws or regulations. In addition, subject to Host’s prior approval, not to be unreasonably
withheld, Carbon Solutions may place signage, marks, or advertising devices in, on, or about and around
the Licensed Area within the Host Property, including “wayfinding” signage as may be required of
Carbon Solutions by contract or applicable law, at Carbon Solutions’ sole cost and subject to applicable
laws and regulations. At no time may Host place any signage on Carbon Solutions property except as may
be required for public health and safety and any applicable law. Carbon Solutions shall not place any
type of advertising other than for Carbon Solutions’ Charging Stalls.
2. Promotional Activities. During the Term of this Agreement, Carbon Solutions may
promote the availability of the Charging Station (to the extent it is on Carbon Solutions’ network of EV
charging stations) through traditional and/or electronic media, including providing the address of the Host
Property and a description thereof. Carbon Solutions and its employees, agents, and representatives shall
have the right to enter the Licensed Area and photograph the Charging Station at least once per year
during the Term. No party shall use the other party’s trade or service marks, logos or other proprietary
materials without the prior written consent of the other party.
G. Construction.
1. Installation Activities. Carbon Solutions shall, at its sole cost and expense, be responsible
for all installation activities (the “Installation Activities”) required to support the operation of the
Charging Station and services therewith, including the hiring and coordination of all vendors and
contractors; the installation of electrical equipment, utility lines, hardware, and software; site preparation,
trenching, grading, repaving, and landscaping.
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2. Plans. Before beginning any Installation Activities, Carbon Solutions shall provide a
copy of the construction schedule and installation plans to Host for its approval, which approval shall not
be unreasonably delayed or withheld. However, the submission of the construction schedule and
installation plans to Host pursuant to this Agreement shall not waive or satisfy any licensing, permitting,
or any other approvals required under applicable federal, State, and local law, including but not limited to
the Grand Terrace Municipal Code.
3. Contractor Activities. Carbon Solutions shall ensure that it or its designated contractor(s)
and/or service providers:
a. obtain from all governmental authorities, including the Host, all licenses, permits,
or other approvals (collectively, “Approvals”) required to conduct such installations. Host will reasonably
cooperate with Carbon Solutions’ designated contractors and service providers as required to obtain such
Approvals.
b. bring on the Licensed Area and permitted adjacent areas of the Host Property
only those materials and equipment that are being used directly in the Installation Activities, provided that
Carbon Solutions shall not store any materials and equipment inside or outside of the Licensed Area
without the express written permission of the Host;
c. perform Installation Activities only during times and days acceptable to Host and
in a manner so as to not unreasonably interfere with Host’s business operations;
d. not permit or suffer any mechanic’s or materialmen’s liens to attach to the
Licensed Area. If such a lien attaches to the Licensed Area, Carbon Solutions shall remove or bond over
such lien at Carbon Solutions’ sole cost and expense, within twenty (20) days of Carbon Solutions
receiving written notice thereof from Host.
4. Removal. Within ninety (90) days following the termination of this Agreement, Carbon
Solutions shall remove the Charging Station and all of Carbon Solutions’ other equipment and personal
property from the Licensed Area, but not electric infrastructure, which shall remain with and become part
of the real property. Following such removal, Carbon Solutions shall restore the Licensed Area to a
condition that is satisfactory to the Host in its sole and absolute discretion, excluding ordinary wear and
tear and the electric infrastructure, which shall be capped off and secured but not removed. All
improvements shall be surrendered in good and clean condition and the title thereto shall automatically,
upon termination, vest in the Host. Notwithstanding the forgoing, all uncompleted or partially or totally
destroyed improvements shall, at Host’s option, be removed prior to surrender of the Licensed Area at
Carbon Solutions’ sole cost, and the site of such improvements shall be returned in the same condition as
prior to the execution of this Agreement, except as relating to the electric infrastructure. This provision
shall survive the termination of this Agreement.
H. Costs of Lease Agreement
1. Carbon Solutions shall promptly pay all costs and expenses, including utilities (Utilities
include, but are not limited to, gas, electricity, telephone, telecommunication, water, sewer and refuse
collection services). Carbon Solutions also agrees to reimburse Host for any and all expenses that City
incurs in modifying existing utilities for Carbon Solutions’ benefit relating to possession and use of the
Licensed Area. The possessory interest created by this Agreement may be subject to taxation, and Carbon
Solutions may be subject to the payment of taxes levied on such interest. Carbon Solutions acknowledges
its actual knowledge of the existence of a possessory interest tax and receipt of this notice of Carbon
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Solutions’ potential tax liability. Carbon Solutions agrees that it is solely responsible for the timely
payment before delinquency of possessory interest taxes and any other tax, levy or assessment upon the
Lease Area, the aircraft, Carbon Solutions’ personal property, improvements, and fixtures upon the
Licensed Area.
2. Carbon Solutions shall also reimburse Host for all of Host’s costs in reasonably
cooperating with Carbon Solutions, including its subcontractors, in carrying out any activity under this
Agreement.
III. LEGAL PROVISIONS
A. Representations, Warranties & Covenants.
1. General. Each of Host and Carbon Solutions hereby represents and warrants to the other
that, to the best of its knowledge, as of this Agreement Date and throughout the Term: (a) it has all
necessary power and authority to execute, deliver, and perform its obligations hereunder; (b) the
execution, delivery, and performance of this Agreement have been duly authorized by all necessary action
and do not violate any of the terms or conditions of its governing documents, any contract to which it is a
party, or any law, regulation, order, or other legal determination applicable to it; (c) there is no pending
or, to its knowledge, threatened litigation or proceeding that may adversely affect its ability to perform
this Agreement; (d) it is duly organized and validly existing under the laws of the jurisdicti on of its
organization; (e) this Agreement constitutes a legal, valid and binding obligation of such party, except as
enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting creditors’
rights and by general principles of equity; and (f) at all times during the Term, it will comply with all
applicable federal, state, and local laws, rules, regulations (including, without limitation, all zoning
ordinances and building codes) in performing its obligations under this Agreement.
2. Consents and Approvals. Host further represents, warrants and covenants that it has
obtained or shall obtain prior to the commencement of Carbon Solutions’ Installation Activities or
operation and maintenance of the Charging Station, and shall maintain at all times during the Term, any
and all consents or approvals required in order for Host to grant the rights and perform its obligations
under this Agreement, and for Carbon Solutions to take the actions contemplated in this Agreement.
Copies of all required third party consents required for Host to grant the license to Carbon Solutions and
for Carbon Solutions to install, operate, and maintain the Charging Station pursuant to this Agreement are
attached as Exhibit C, and Host represents and warrants that no other third-party consents are required.
B. Insurance.
1. Carbon Solutions Insurance.
Carbon Solutions shall procure and maintain, at its sole cost and expense, in a form and content
satisfactory to Host, 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 Host:
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 (including death). 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.
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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 Carbon Solutions 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 Carbon Solutions 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 Carbon
Solutions’ 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 Carbon Solutions’ services or the termination of this Agreement. During this additional 5-
year period, Carbon Solutions shall annually and upon request of Host submit written evidence of this
continuous coverage.
e. Excess Liability. $1,000,000 in excess liability coverage per occurrence, which
coverage shall sit excess of the scheduled underlying General Liability and Automobile Liability
Insurance policies with exclusions that are no more broad than those contained in the underlying policies.
f. Subcontractors. Carbon Solutions 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.
g. General Provisions
i) All of the above policies of insurance shall be primary insurance and
shall name the Host, its elected and appointed officers, employees and agents as additional insureds and
any insurance maintained by Host or its officers, employees or agents may apply in excess of, and not
contribute with Carbon Solutions’ insurance. The insurer is deemed hereof to waive all rights of
subrogation and contribution it may have against the Host, 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.
ii) The insurer is deemed hereof to waive all rights of subrogation and
contribution it may have against the Host, 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.
iii) 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 Host. In the event any of said policies of
insurance are cancelled, the Carbon Solutions shall, prior to the cancellation date, submit new evidence of
insurance in conformance with Section III(B) to the Host.
iv) No work under this Agreement shall commence until Carbon Solutions
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has provided Host 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 Host. Host 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 Host.
v) Host, 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 Carbon Solutions performs; products and completed operations of Carbon Solutionst;
premises owned, occupied or used by Carbon Solutions; or any automobiles owned, leased, hired or
borrowed by Carbon Solutions. The coverage shall contain no special limitations on the scope of
protection afforded to Host, and their respective elected and appointed officers, officials, employees or
volunteers. Carbon Solutions’ 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.
vi) Any deductibles or self-insured retentions must be declared to and
approved by Host. At the option of Host, either the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects to Host or its respective elected or appointed officers, officials,
employees and volunteers or Carbon Solutions shall procure a bond guaranteeing payment of losses and
related investigations, claim administration, defense expenses and claims. Carbon Solutions agrees that
the requirement to provide insurance shall not be construed as limiting in any way the extent to which
Carbon Solutions may be held responsible for the payment of damages to any persons or property
resulting from Carbon Solutions’ activities or the activities of any person or persons for which Carbon
Solutions is otherwise responsible nor shall it limit the Carbon Solutions’ indemnification liabilities as
provided in this Agreement.
vii) In the event Carbon Solutions subcontracts any portion of the work for
this Agreement, the contract between the Carbon Solutions and such subcontractor shall require the
subcontractor to maintain the same policies of insurance that Carbon Solutions is required to maintain
pursuant to Section III(B), and such certificates and endorsements shall be provided to Host.
2. Policy Requirements. The insurance policies required under Sections III(B)(1) and (B)(2)
shall: (a) be issued by insurance companies licensed to do business in the state in which the Host Property
is located, with a general policyholder’s ratings of at least “A-” and a financial rating of at least “Class
VIII,” in the most current Best’s Insurance Reports available on the Agreement Date; if the Best’s ratings
are changed or discontinued, the parties shall agree to a comparable method of rating insurance
companies.
3. Casualty and Condemnation. If any portion of the Host Property is damaged by fire or
other casualty in a manner that adversely affects Carbon Solutions’ use of the Licensed Area, then either
party may, within thirty (30) days of the date of such fire or other casualty elect to terminate this
Agreement on written notice to the other party. If any portion of the Host Property is condemned or taken
in any manner for a public or quasipublic use that could adversely affect Carbon Solutions’ use of the
Licensed Area, then Carbon Solutions may elect to terminate this Agreement effective as of the date title
to the condemned portion of the Host Property is transferred to the condemning authority.
C. Indemnity.
1. Indemnification. Carbon Solutions shall defend, indemnify and hold harmless Host and
each of its officers, employees and agents (“Indemnified Parties”) against any and all liability, claims,
loss, damages, or expenses, including attorneys’ fees and costs (“Damages”) arising by reason of t he
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death or injury of any person, including Carbon Solutions and each of its officers, employees,
representatives and agents (“Indemnifying Parties”), or by reason of damage to or destruction of any
property, including property owned by any of the Indemnifying Parties, caused or allegedly caused by (1)
any cause whatsoever while any of the Indemnifying Parties is in or on the Licensed Area or in any way
connected with the Licensed Area or with any improvements or personal property on the Licensed Area ,
(2) some condition of the Licensed Area or some building or improvements on the Licensed Area, (3)
some act or omission on the Licensed Area of Carbon Solutions or any person in, on or about the
Licensed Area with the permission and consent of Carbon Solutions, or (4) any matter connected with
Carbon Solutions’ occupation and use of the Licensed Area; provided, that the obligations of Carbon
Solutions to defend, indemnify and hold harmless are only to the extent to the Damages are caused by any
of the Indemnifying Parties.
2. Limitation of Liability. In no event shall either party be liable (in contract or in
tort, including negligence and strict liability) to such other party or its Related Parties for any
special, indirect or consequential damages relating to this Agreement. The entire liability of each
party for any and all claims of any kind arising from or relating to this Agreement will be subject in
all cases to an affirmative obligation on the part of the other party to mitigate its damages.
D. Miscellaneous.
1. Notice.
a. Any notice provided or permitted to be given under this Agreement must be in
writing and be served either by (i) deposit in the mail, addressed to the party to be notified, postage
prepaid, and registered or certified, with a return receipt requested, or (ii) deposit with an internationally-
recognized overnight delivery carrier, with notice of delivery to the recipient party. Notice given by
registered or certified mail or overnight carrier shall be deemed delivered and effective on the date of
delivery shown on the return receipt or proof of receipt. For purposes of notice the addresses of the
parties shall be as set forth in this Agreement. Each party may change its address for notice by giving
notice thereof to the other party.
b. Notice shall be given as follows:
If to Host:
City of Grand Terrace
22795 Barton Rd.
Grand Terrace, CA 92313
Attn: City Manager
with a copy to:
Aleshire & Wynder, LLP
18881 Von Karman Ave., Suite 1700
Irvine, CA 92612
Attn: Grand Terrace City Attorney
If to Carbon Solutions:
11390 West Olympic Blvd., Suite 250
Los Angeles, CA 90064
Attn: Site Development
with a copy to:
11390 West Olympic Blvd., Suite 250
Los Angeles, CA 90064
Attn: Legal Department
2. Property Rights; Assignment.
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a. The rights granted to Carbon Solutions in this Agreement shall constitute
covenants running with the land as to the interests in real property which are made subject hereto and
shall bind Host's successors and assigns.
b. This Agreement is binding on and inures to the benefit of the parties and their
respective heirs, successors, assigns, and personal representatives. Carbon Solutions may assign this
Agreement and any or all of its rights and obligations hereunder to any Carbon Solutions affiliate, subject
to the prior written approval of the Host. Any attempt by Carbon Solutions to assign this Agreement
without the Host’s prior written approval is void. In addition to such other conditions Host may impose,
Carbon Solutions shall pay to Host 10% percent of the amount of any sublease, plus the rent described in
this Agreement.
c. In the event the Licensed Area is transferred or Host ceases to have the requisite
level of control over the Licensed Area necessary to fulfill its obligations under this Agreement (each, a
“Transfer Event”), Host shall assign its rights and obligations under this Agreement to the person or entity
which would be able to comply with Host’s obligations following such Transfer Event (the “Transfer
Host”). Further, Host agrees that any such Transfer Event shall not affect, terminate or disturb Carbon
Solutions’ right to quiet enjoyment and possession of the Licensed Area under the terms of this
Agreement or any of Carbon Solutions’ other rights under this Agreement.
3. No Agency Relationship. Nothing in this Agreement shall be deemed or construed to
create a joint venture, partnership, fiduciary, or agency relationship between the parties for any purpose,
and the employees of one party shall not be deemed to be the employees of the other party. Except as
otherwise stated in this Agreement, neither party has any right to act on behalf of the other, nor represent
that it has such right or authority.
4. Severability. If any term of this Agreement is held by any court of competent jurisdiction
to be invalid, such invalidity shall not invalidate the remainder of this Agreement and this Agreement
shall be construed and deemed reformed to the extent necessary to render valid such term and the rights
and obligations of the parties shall be enforced accordingly.
5. Survival. The provisions of Sections II(G)(4), III(B)(4), III(C), and III(D)(7) shall survive
termination of this Agreement.
6. Governing Law; Jurisdiction. The terms, provisions and conditions of this Agreement
shall be governed by the laws of the state of California, without regard to its laws on conflict of laws.
The parties further agree that the Superior Court of San Bernardino County, California and the United
States District Court, Central District of California, Eastern Division shall have exclusive jurisdiction
over all actions and disputes brought under this Agreement.
7. No Waiver. The failure of a party to insist on strict performance of any provision of this
Agreement does not constitute a waiver of or estoppel against asserting the right to require performance in
the future and a waiver or estoppel given in any one instance does not constitute the same with respect to
a later obligation or breach.
8. Remedies. The rights and remedies provided by this Agreement are cumulative, and the
use of any right or remedy by any party does not preclude or waive its right to use any or a ll other
remedies. These rights and remedies are given in addition to any other rights a party may have under any
applicable law, in equity or otherwise.
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01247.0006/538679.5 RK
9. Confidential Information. As used herein, “Confidential Information” means any
information that is disclosed by one party to the other party that is either marked as confidential or would
customarily be treated as confidential by a reasonable person. Each party agrees that it will, and will
cause its employees, representatives and agents to, keep confi dential and not disclose the Confidential
Information of the other party. If a party is compelled to disclose Confidential Information under the
authority of a court or governmental agency, the compelled party shall promptly notify the other party and
the notified party. Notwithstanding the forgoing, Carbon Solutions acknowledges that Host is subject to
the California Public Records Act, and agrees to release and hold Host harmless from any disclosure of
Confidential Information resulting from Host’s obligation to comply with the California Public Records
Act or any other similar law.
10. Force Majeure. Neither party is responsible for any delay or failure in performance of
any part of this Agreement to the extent that delay or failure is caused by fire, flood, explosion, war,
embargo, government requirement, civil or military authority, act of God, act or omission of carriers or
other similar causes beyond the party’s control. Notwithstanding the foregoing, to the extent such delay
or failure in performance extends beyond fifteen (15) consecutive days, the other party shall have the
right, but not the obligation, to terminate this Agreement at its sole discretion.
11. No Third Party Beneficiaries. This Agreement does not confer any rights or remedies on
any person other than the parties and their respective successors and permitted assigns.
12. Further Assurances. Each party agrees to execute and deliver additional documents and
instruments and to perform additional acts as may be reasonably necessary or appropriate to effectuate,
carry out, and perform all of the terms, provisions and conditions of this Agreement.
13. Integration; Amendments. This Agreement contains all Agreements, promises and
understandings between the parties, and that there are no verbal or oral Agreements, promises or
understandings between the parties. Any amendment, modification or other change to this Agreement
shall be ineffective unless made in a writing signed by the parties hereto.
14. Counterparts. This Agreement may be executed in any number of counterparts with the
same effect as if all the parties had signed the same document.
15. Construction. All documents or items attached to, or referred to in, this Agreement are
incorporated into this Agreement as fully as if stated within the body of this Agreement. Each party has
cooperated in the drafting, negotiation and preparation of this Agreement and nothing herein shall be
construed against either party on the basis of that party being the drafter of such language.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the parties execute this Agreement as of the date first above written.
HOST: CARBON SOLUTIONS:
CITY OF GRAND TERRACE,
a California municipal corporation
CARBON SOLUTIONS GROUP LLC,
an Illinois limited liability company
By:
By:
Name: Name: _________________________________
Title: Title: _________________________________
ATTEST:
By:
Name: Debra Thomas
Title: City Clerk
APPROVED AS TO FORM:
By:
Name: Adrian R. Guerra
Title: City Attorney
G.16.a
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EXHIBIT A
Licensed Area - Site Plan
See attached.
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EXHIBIT B
ACH/W-9 Payment Information
See attached.
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EXHIBIT C
Third Party Consents
See attached (if applicable).
G.16.a
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Exhibit D
Termination Schedule
Early Termination Date Termination
Percentage
Early Termination
Fee
prior to the first (1st) anniversary of the Commencement
Date
100% $_______/Charging
Stall
after the first (1st) anniversary of the Commencement
Date, but prior to the second (2nd) anniversary of the
Commencement Date
90% $_______/Charging
Stall
after the second (2nd) anniversary of the Commencement
Date, but prior to the third (3rd) anniversary of the
Commencement Date
80% $_______/Charging
Stall
after the third (3rd) anniversary of the Commencement
Date, but prior to the fourth (4th) anniversary of the
Commencement Date
70% $_______/Charging
Stall
after the fourth (4th) anniversary of the Commencement
Date, but prior to the fifth (5th) anniversary of the
Commencement Date
60% $_______/Charging
Stall
after the fifth (5th) anniversary of the Commencement
Date, but prior to the sixth (6th) anniversary of the
Commencement Date
50% $_______/Charging
Stall
after the sixth (6th) anniversary of the Commencement
Date, but prior to the seventh (7th) anniversary of the
Commencement Date
40% $_______/Charging
Stall
After the seventh (7th) anniversary of the
Commencement Date
0% $0
G.16.a
Packet Pg. 430 Attachment: Lease Agreement (Reject Lease Agreement with EVGO and Approve Lease Agreement for EVSE Stations)
G.16.bPacket Pg. 431Attachment: Carbon Solutions Proposal (Reject Lease Agreement with EVGO and Approve Lease Agreement for EVSE Stations)
G.16.bPacket Pg. 432Attachment: Carbon Solutions Proposal (Reject Lease Agreement with EVGO and Approve Lease Agreement for EVSE Stations)
G.16.bPacket Pg. 433Attachment: Carbon Solutions Proposal (Reject Lease Agreement with EVGO and Approve Lease Agreement for EVSE Stations)
Attachment III
G.16.c
Packet Pg. 434 Attachment: Attachment III (Reject Lease Agreement with EVGO and Approve Lease Agreement for EVSE
AGENDA REPORT
MEETING DATE: May 14, 2019 Council Item
TITLE: Update and Implementation of Parking Restrictions on De
Berry
PRESENTED BY: Alan French, Public Works Director
RECOMMENDATION: 1. Review findings from staff.
2. Direct staff with respect to implementation of parking
restrictions on De Berry, including conducting any related
studies.
2030 VISION STATEMENT:
This staff report supports Goal #2 "Maintain Public Safety" to ensure that our residents
continue to enjoy an outstanding quality of life.
BACKGROUND:
Section 22507 of the California Vehicle Code provides the following:
“(a) Local authorities may, by ordinance or resolution, prohibit or restrict
the stopping, parking, or standing of vehicles, including, but not limited to,
vehicles that are six feet or more in height (including any load thereon)
within 100 feet of any intersection, on certain streets or highways, or
portions thereof, during all or certain hours of the day. The ordinance or
resolution may include a designation of certain streets upon which
preferential parking privileges are given to residents and merchants
adjacent to the streets for their use and the use of their guests, under
which the residents and merchants may be issued a permit or permits that
exempt them from the prohibition or restriction of the ordinance or
resolution. With the exception of alleys, the ordinance or resolution shall
not apply until signs or markings giving adequate notice thereof have been
placed. A local ordinance or resolution adopted pursuant to this section
may contain provisions that are reasonable and necessary to ensure the
effectiveness of a preferential parking program.
(b) An ordinance or resolution adopted under this section may also
authorize preferential parking permits for me mbers of organizations,
professions, or other designated groups, including, but not limited to,
school personnel, to park on specified streets if the local authority
determines that the use of the permits will not adversely affect parking
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conditions for residents and merchants in the area.”
Based on this section, parking restrictions must be adopted by either an ordinance or
resolution.
DISCUSSION:
On June 23, 2009, the City Council approved the implementation of a parking permit
program for the north side of De Berry from Mt. Vernon to Mirado Avenue. The program
began in September 2009 and signs for the parking restrictions were installed as
directed per City Council at the June 23, 2009 meeting agenda item 7 -B regarding
"overnight" parking.
However, following review by current staff, it was determined that the City Council did
not formally adopt these regulations by ordinance or resolution; rather, it was approved
via a minute action. Accordingly, staff and the City Attorney recommend that the City
Council now take formal action by either ordinance or resolution , or some combination
of both, to formally adopt the parking regulations and, in so doing, consider current
circumstances warranting the restrictions. Additionally, the ordinance and/or resolution
will need to define the term "overnight" to enforce the use of permits for the parking
within the public road right-of-way as this was not defined in the prior program.
For purposes of tonight’s meeting, staff would like direction from the City Council
whether to formally codify the prior regulations via ordinance or resolution as they were
adopted in 2009 or whether the City Council desires any changes thereto. Upon
receiving Council direction, staff will prepare the ordinance and/or resolution and
present them at a future meeting for consideration and adoption.
FISCAL IMPACT
There is no fiscal impact for this item.
ATTACHMENTS:
• FINAL De Berry permit parking application (DOC)
• Deberry Parking Permit Program (PDF)
APPROVALS:
Alan French Completed 05/07/2019 12:06 PM
City Attorney Completed 05/08/2019 3:56 PM
Finance Completed 05/08/2019 6:39 PM
City Manager Completed 05/08/2019 7:49 PM
City Council Pending 05/14/2019 6:00 PM
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APPLICATION FOR PARKING PERMIT
NAME: ______________________________________________________
PERMIT ADDRESS: ____________________________________________
PHONE NUMBER: ____________________________________________
--------------------------------------------------------------------------------------------
Approved Program regulations:
• Maximum 2 permits per household (the permit can be used for any
car and are not vehicle specific)
• Permits are valid for use within 100 ft. of the permit residence.
• Permit fee of $50.00 for 2-years per vehicle plus the cost of the
placard - $7.50, totaling $57.50.
• Permit placard replacement fee if $15.00
Permit #________________Date Issued: ________________
Permit #________________ Date Issued: _______________
Fee paid: _______________ Date paid: _________________
Received by _______________________________________
Date _______________________
CITY OF GRAND TERRACE
22795 BARTON RD
GRAND TERRACE, CA 92313
909-824-6621
G.17.a
Packet Pg. 437 Attachment: FINAL De Berry permit parking application (Update on Overnight Parking)
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Packet Pg. 438 Attachment: Deberry Parking Permit Program (Update on Overnight Parking)
G.17.bPacket Pg. 439Attachment: Deberry Parking Permit Program (Update on Overnight Parking)