14. Trash Enclosures. All required trash receptacles proposed for the site shall be enclosed by a six (6) foot high solid masonry wall with solid, view-obstructing gates. A pedestrian entrance shall be provided into each trash enclosure.
15. Joshua Trees. The applicant shall obtain an Incidental Take Permit from the State Department of Fish and Wildlife prior to further site disturbance and construction per the requirements of the City Development Code, the State Fish & Wildlife regulations commencing January 2021 and California Desert Native Plant Act.
16. Approved Uses. All new uses within the property boundaries shall be reviewed and approved by the Planning Division. Should the developer propose a more intensive use requiring additional parking spaces, additional employees, more restroom facilities, significant change from original conceptual landscaping plans, etc., the proposed use shall be presented for review by the Planning Division for compliance with the original approval. The new proposed use may be subject, but not limited to: A Modification to Conditional Use Permit, a new Location and Development Plan Application, and/or a Utility Feasibility Study application.
17. Required Approvals. The developer shall obtain the following clearances or approvals:
a. Verification from the Planning Division that all pertinent conditions of approval have been met, including any administrative development plan review approvals, as mandated by the Adelanto Municipal Code.
b. Building and Safety Department per the attached conditions of approval dated
8.11.21 c. Engineering Department/Public Works per the attached conditions of approval dated 8.20.21
d. San Bernardino County Fire Department, dated 9.16.21 and site plan dated
9.30.21 e. Mojave Desert AQMD
f. Caltrans
g. California Department of Fish and Wildlife
h. Any other required approval from an outside agency.
Prior to Issuance of Building Permits:
18. Development Impact Fees. The City of Adelanto has implemented development impact fees for various infrastructure and capital facilities needs generated by new development. These fees will provide for various capital facilities including, but not 163
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limited to, roads, parks, flood control and drainage, public facilities, and firefighting facilities. This project shall be subject to all such existing and future development impact fees, which are in effect at the time building permits are issued.
19. Building Plans. Building plans shall be reviewed and approved the Planning Department for conformance to the Conditions of Approval and the approved Development Plan prior to issuance of a building permit.
20. Signed Approval Letter. A signed copy of the City’s approval letter shall be on file with the Planning Division. If ownership of the property or the developer of the property has changed since the original approval or issuance of grading permits, a new copy of the City approval letter shall be signed by the current development parties.
21. Equipment Screening. All mechanical equipment and vents, ground or rooftop shall be screened from public view. Roof gutters and downspouts are not permitted on the exterior of the building unless integrated into the architecture of the building. In addition, all screening shall be an integral part of the building, details of which shall be provided to the Planning Division for review and approval. Any proposed change shall be reviewed and approved by the Planning Division.
22. Signage. Proposed signs for this development shall require a separate application approval by the Planning Division prior to installation. Furthermore, all signs proposed for this development shall remain in full compliance with all City sign regulations at all times.
23. Landscaping. The developer shall submit three (3) copies of construction level Landscape and Irrigation Plans to the Planning Division, accompanied by the appropriate filing fee. The plans shall be prepared by a registered landscape architect and include the location, number, genus, species, and container size of the plants. The cover page shall identify the total square footage of the landscaped area and note how it is to be maintained. Use of water efficient fixtures and drought tolerant plants is required. Landscaping shall consist of native or drought-tolerant plants capable of surviving the desert environment and climate with a minimum of maintenance and supplemental watering. A list of plants determined capable of meeting this criterion is contained in Section 17.60.080 .
All landscaping and irrigation systems shall follow Section 17.60 of the Adelanto Municipal Code. Plans will be reviewed and approved by the Planning Division.
A minimum of 5% of the project site shall be landscaped, exclusive of areas within the public right-of-way as per the conceptual landscape plans presented to the Planning Commission and shall be in compliance with the Mixed Use regulations of the Municipal Code. The developer shall be responsible for planting landscaping in compliance with Section 17.60 of the Adelanto Municipal Code, entitled “Water Conservation/Landscaping Ordinance”, including but not limited to native droughttolerant plants and efficient irrigation systems. Species shall follow Section 17.60.80. 164
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24. Parking and Loading. The entire project shall provide a minimum of 99 parking spaces upon completion including ADA spaces. All parking spaces and access areas shall meet the City’s requirements.
25. Archeological Resources. If prehistoric or historic resources over 50 years of age are encountered during land modification, then activities in the immediate area of the finds shall be halted so that an archaeologist can assess the find, determine its significance, and make recommendations for appropriate mitigation measures. A historical resources management report shall be submitted by the professional to document the monitoring, to evaluate resource significance and integrity, and if necessary, to evaluate project impacts and propose mitigation measures to mitigate potential adverse impacts. If archeological resources are encountered during grading, ground disturbance activities shall cease so a qualified archeological monitor can evaluate the resources. If discovered resources merit long-term consideration, adequate funding shall be provided to collect, curate and report their resources in accordance with standard archaeological management requirements. If the City finds that a developer encounters cultural resources and fails to notify th Division, the City will place those responsible for the destruction of historic and archaeologically significant resources on file with the County of San Bernardino and the State of California, Office of Historic Preservation.
26. Paleontological Resources. If paleontological resources are encountered during grading, ground disturbance activities shall cease so a qualified paleontological monitor can evaluate any paleontological resources exposed during the grading activity. If paleontological resources are encountered, adequate funding shall be provided to collect, curate and report on these resources to ensure the values inherent in the resources are adequately characterized and preserved. Collected specimens will be sent to the Earth Sciences Division of the San Bernardino County Museum.
27. Human Remains. If human remains are encountered on the property, then the San Bernardino County Coroner's Office MUST be contacted within 24 hours of the find, and all work halted until a clearance is given by that office and any other involved agencies.
Contact the County Coroner at either 1) 15329 Bonanza Road, Unit 8, Victorville, CA 92392 or (760) 955-8535; or 2) 175 South Lena Road, San Bernardino, CA 92415- 0037 or (909) 387-2978.
28. Abandoned Wells. Any abandoned wells on the property or similar structures that might result in groundwater contamination shall be destroyed in a manner approved by the City and San Bernardino County Environmental Health Department.
Prior to Certificate of Occupancy:
29. Security Plan. Security Plan shall be in place pursuant to Section 17.30.180 of the Adelanto Zoning Code.
CONSERVATION
30. Mandatory Organic Recycling in accordance with AB 1826. Contact Burrtec – Robert Rios ([email protected]) for recycling information.
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31. “Saving by Design” Southern California Edison Energy Efficiency – Contact Maya Aubrey [email protected] for electrical efficiency information. .
PUBLIC WORKS/ENGINEERING DEPARTMENT
General Conditions:
1. A document signed and acknowledged by the legal owners of record of the real property being subdivided consenting to the subdivision shall be submitted to the City of Adelanto, with a copy to the City Engineer, following Tentative Map Approval by the Planning Commission.
2. The design of the public infrastructure elements shall conform to the requirements of the City General Plan and the standard specifications, current edition, and as required and approved by the Public Works Department staff.
3. Prior to approval of any improvement plans and the commencement of any construction associated with the development, the Developer shall be responsible for obtaining all necessary dedications of rights-of-way for offsite infrastructure improvements, right-ofentry for offsite grading, and easements for ingress, egress, drainage, utilities and other legal requirements for impacts associated with the development of this project, as determined and directed by the City Engineer. If the Developer cannot acquire a property interest in property required for off-site improvements, Government Code § 66462.5 shall apply and the City retains the right to:
a. Require the Developer to enter into an agreement to complete the improvements pursuant to Government Code § 66462 at such time as the City acquires an interest in the land that will permit the improvement to be made; b. Require the Developer to pay the cost of acquiring the offsite real property interests required in connection with the subdivision
4. The following plans and reports shall be prepared by a competent California licensed civil engineer prior to any site development. All required plans shall be drawn in ink at appropriate scales on mylar sheets as approved by the Public Works Department staff.
Plans required (permits for construction):
a. Street Plans - Plan/Profile at 1" = 40' (Hor), 1" = 4' (Vert), plus Title/Index and Detail Sheets.
b. Water (indicating Fire Hydrant locations), Sewer and Storm Drain - Plan/Profile at 1" = 40' (Horizontal), 1" = 4' (Vertical), plus Title/Index and Detail Sheets. c. Precise grading plan at 1” = 20’ plus Title/Index and Details sheets. 166
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d. Landscape/Irrigation - Plan 1" = 40'.
5. All improvements shown on the improvement plans, as required by the City Engineer, shall be constructed prior to occupancy of any dwelling. All infrastructure improvements required by these conditions of approval must meet the minimum standard infrastructure requirements established in these conditions of approval, any existing infrastructure failing to meet the minimum infrastructure requirements established in these conditions of approval must be removed at the developers expense and constructed to meet the minimum infrastructure requirements described in these conditions of approval and current City Standards at the time of construction.
6. All utilities plans (i.e. Edison electrical, telephone, cable, etc.) must be approved by the City Engineer prior to installation.
a. No utility manholes, vaults or air vents shall be located within sidewalks or pedestrian walkways.
7. Final Maps shall meet all requirements of the Adelanto Municipal Code, and shall include the following:
a. All easements within the City of Adelanto’s rights of way shall be subordinated to the City of Adelanto.
b. All easements and rights-of-way, both existing and as required by the Public Works Department Staff. All off site right of way required shall be acquired by the Developer pursuant to the subdivision map act and the Adelanto Municipal Code.
Reports Required (permits for construction):
c. Soils Report. A soils report as prepared by a competent California licensed geotechnical engineer or civil engineer skilled in soils/foundation investigations shall be submitted for review by the Public Works Department Staff along with the first submittal of Street Plans and/or other improvement plans for review.
Within the required soils report special attention shall be directed to the rip ability of the proposed road cuts and stability of manufactured slopes. The geotechnical engineer shall determine the setback requirements to support loading without failures in the soil mass. Results of a double ring infiltrometer test shall be attached to the soils report as part of analysis for the detention basin’s drawdown time.
d. Water and sewer feasibility studies. See “Sewer Improvements” and “Water Improvements” below.
e. Engineer’s Estimate for bonding purposes.
f. SWPPP.
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g. A draft BMP maintenance agreement shall be included with the plan check submittal.
h. Hydrology Report. A detailed drainage plan to the satisfaction of the City Engineer shall be prepared by a licensed Civil Engineer and submitted to the City for approval. The project must accommodate existing drainage flows that impact the project site and impact access to the project site and mitigate offsite drainage that impacts the project. The project must mitigate the increase onsite runoff from pre-development to post-development flows.
i. Compaction Report. Any grading and/or utility excavations and backfilling, both on and off site, shall be done under the continuous direction of a licensed geotechnical engineer who shall obtain all required permits and submit reports on progress and test results to the Public Works Department staff for review and approval as determined by the City. Upon completion of all soils related work, the geotechnical engineer shall submit a final report to the Public Works Department staff for review and approval, which may require additional tests at the expense of the Developer.
j. All soils within street improvements must be compacted to 90% and 95% within twelve inches of surface.
8. All grading for the proposed subdivision lots shall be confined to the subdivision boundary limits unless the Developer first secures letters of permission to grade across property lines from any and all affected adjacent property owners.
9. All utilities shall be installed underground to all lots per Public Utilities Commission requirements. No above ground structures or utility lines shall be permitted within or adjacent to this subdivision this subdivision for utilities servicing this project.
10. The City of Adelanto shall be “added insured” on all insurance policies for construction of this project. Proof of insurance shall be provided prior to start of construction.
11. Approval of this project in no manner obligates the City of Adelanto to extend water service, or sewer service, or improve streets, or extend any other infrastructure to service this development.
12. No utility access points/manholes shall be placed within sidewalks or within twelve (12) inches of curb and gutter.
13. Fees Required:
a. Prior to issuance of any permits to construct any public improvements, the Developer shall pay to the City of Adelanto all applicable fees. b. The Developer shall pay any applicable impact fees that may apply at the time of occupancy, including Transportation and Storm Drainage Development 168
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Impact Fees that can be credited towards construction of major streets or storm drain channel for diversion of offsite storm water.
c. Should Mello-Roos, or Community Facilities Districts, or Community Service Districts, or Assessment Districts, or other special financing districts be formed to provide for City Infrastructure or City Services, this project shall annex into the districts and pay all fees associated with annexation into the districts, and the applicant hereby agrees to waive the right to protest the formation of said districts.
d. Prior to issuance of any permits to construct any improvements, the developer shall enter into an improvement construction agreement to construct the project improvements per City approved plans and post securities with the City of Adelanto to guarantee completion of construction and payment of labor and materials. These securities shall be provided by the Developers and all assignees and successors to the City.
i. For each Improvement category, a Faithful Performance surety for 100% of estimated improvement cost plus 20% contingencies. ii. For each Improvement category, a Materials and Labor surety for 50% of estimated improvement cost plus 10% contingencies.
14. All monuments shall be referenced or reset in accordance with the Business and Professions Code.
15. All improvements constructed in conjunction with this project shall be design and constructed to the City standards, Department of Transportation standards, Green Book Standards, and the City Engineer Requirements that are in effect at the time of improvement tentative map approval. Improvements shall be constructed to comply with any health and safety regulations or changes to state and federal laws current at the time construction as directed at the time of construction by the City Engineer.
16. Prior to the approval of any improvement plans and the commencement of any construction associated with the development, the Developer shall be solely responsible for obtaining all necessary dedications of rights-of-way for offsite infrastructure improvements, right-of-entry for offsite grading, and easements for ingress, egress, drainage, utilities and other legal requirements for impacts associated with the development of this project, as determined and directed by the City Engineer.
17. Inspection. The Developer shall at all times maintain proper facilities and safe access for inspection of the Improvements by City inspectors and to the businesses or residences wherein any construction work is in progress. Upon completion of the work the Developer shall request a final inspection by the City Engineer, or City Engineer authorized representative. If the City Engineer or designated representative determines the work has been completed in accordance with this entitlement, the Improvement Plans and City 169
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standards, then the City Engineer shall certify the Completion of the Improvements to the CITY, and the City Council shall accept the Improvements.
Street Improvements:
Prior to the issuance of any building permits, the following street dedications and improvements shall be completed. The Developer shall be directly and solely responsible for the mitigation of impacts related to existing traffic levels plus project traffic prior to recordation of the final map. The Developer shall obtain all required right of ways, construct all street improvements as Directed by the City Engineer.
18. Street dedications are as follows:
a. Dedication for street utility purposes to provide for a Residential Collector halfwidth of 2 feet for the west half of Delicious Street along the east boundary of the site.
b. Dedication for street utility purposes to provide for a Residential Major Arterial half-width of 40 feet for the north half of Holly Road along the south boundary of the site.
21. Street improvements are as follows:
a. Raccoon Court shall be constructed to a 45-foot radius-to-curb, consisting of a minimum of 3 inches of asphalt concrete over 4 inches of Class 2 base material, or per “R” value test for a Traffic Index (TI) of 7.5, whichever is greater, 8" concrete curb and gutters, per City Standard 109 Type C along project frontage.
Plan and profile design shall be included in the street plans subject to city approval.
22. Final sections shall be approved by the Public Works Department staff prior to first submittal of street improvement plans.
23.Streets shall not be paved until all underground utilities are installed.
24.There shall be no intersecting street centerlines less than 90 degrees unless otherwise approved by the Public Works Department staff.
25.Pavement structural section shall be designed based on soils tests (R-Valve Tests) conducted by an acceptable soils testing laboratory and submitted by a California licensed geotechnical engineer for a Traffic Index as approved by the Public Works Department staff.
26.All sidewalks shall have a minimum width of six feet and a minimum unobstructed width of four feet. The location of pedestrian ramps shall be determined by the Public Works Department Staff in accordance with federal and state laws at the time of construction shall be to the current Federal, State, and Local Americans with Disabilities Act (A.D.A.) 170
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standards. Sidewalks, pedestrian ramps and sidewalk/drive approach connections shall be built to current Federal, State, and Local A.D.A. standards.
27.All covers for utility manholes, valves, and vaults shall be adjusted to final grade after final paving.
28.Street asphalt concrete pavement shall be placed in multiple lifts depending on design asphalt thickness with the final lift placed after the Repair & Replace (R&R) and Point & Patch is completed.
29.Prior to the time that lumber is deposited on site for approved construction in a specific phase, all curbs and gutters and pavement shall be completed within that phase area and compaction reports for utility trenches and street base shall be approved. Model complexes are excluded from this condition but are required to provide access and fire flow in a manner as approved by the Fire Department.
30.Sleeves for lighting and landscape purposes will be allowed in the public street right-of-way when necessary, subject to the approval of the Public Works Department staff.
31.All utility tie-ins and other work that disturbs existing public right of way improvements shall be restored per City Encroachment Permit Provisions, or as directed by the Public Works and Engineering Departments staff:
a. Any disturbance of pavement newer than 12 months requires the full disturbed pavement section to be cold-planed (grinded down) a tenth of a foot (.1 feet) and resurfaced with AC AR 4000, as directed by Public Works/ Engineering Department staff.
Sewer Improvements:
32.Sewage disposal shall be consistent with the project Feasibility Study (the City will accept studies within 1 year from the date of Recordation of final map which may be extended 1 additional year) and the developer shall pay all fees pursuant to the current Feasibility Study at the time of building permit.
33.The applicant shall connect the project to the City sewer system and pay all associated hook-up fees in compliance with the Adelanto Public Utility Authority No. 1 (as amended). The design shall conform to the City adopted sewer master plan or to requirements of City Engineer. The sanitary sewer system shall be designed and constructed to collect and convey sewage to the City’s Wastewater Treatment Plant. a. Existing sewer is available in Holly Road.
Water Improvements:
34.Water service shall be consistent with the Feasibility Study (city will accept studies within year from the date of Recordation of final map which may be extended 1 additional year) 171
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and the developer shall pay all fees pursuant to the current Feasibility Study at the time of building permit.
35.Water Improvement Design for the project shall conform to the City’s adopted Water Master Plan and/or to the requirements of the City’s Water Superintendent or the City Engineer.
All required backflow devices shall be installed by the developer. a. Existing water is in Raccoon Court.
36.All water valves and vault covers within paved areas shall be raised to finish surfaces and painted after paving is completed.
37.All fire hydrants, air vacuums and all other above ground water facilities shall be placed outside of sidewalk areas. Water meter boxes and vaults, valve covers, etc., may be placed within sidewalks or paved areas provided such devices are set flush with finished surfaces as approved by the Public Works Department staff.
38.A set of water improvement plans shall be submitted to the San Bernardino County Fire Department for comment and review. At the time of the second plan check submittal, water improvement plans with the Fire Departments’ corrections incorporated therein shall be submitted to the City Engineer along with the “redline” commented plans from the Fire Department.
39.Fire protection plans shall be designed per the requirements of the Adelanto Fire Marshall.
Fire protection shall include but is not limited to, fire hydrants no more than 300 feet apart.
a. Fire hydrants shall be set to a level for “safe break away” and easy access, per the Water Department.
b. Blue dot identification on final pavement will be required for all hydrants installed.
Drainage Improvements:
40. The Developer shall prepare a hydrology and hydraulic calculations report to demonstrate that the post development flows proposed to be discharged into and through existing or any other storm drainage facilities do not exceed the maximum flows for which said facilities are designed. This shall be subject to review and approval of the City Engineer. The Hydrology and detailed drainage plan must be prepared by a licensed civil engineer to the satisfaction of the City Engineer and the Hydrology Report shall identify offsite flows that impact the proposed development and identify the increased onsite runoff flows. The Study shall address how the proposed development shall accept offsite flows that impact the proposed development and demonstrate how the proposed development will safely pass through the offsite flows while protecting the proposed development and maintaining to all-weather paved points of access to the community. Also, the Study shall demonstrate the how the proposed development will reduce the increased onsite post-development runoff to less than 90% of pre-developed drainage runoff flows. This study shall substantially conform to the accepted Adelanto Master Plan of Drainage and correlate with the submitted 172
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improvement plans. This study shall be engineered using County of San Bernardino Flood Control methodologies and included calculations, maps, diagrams and a written conclusion that contains recommendation of how offsite flows and increased onsite runoff shall be mitigated.
a. The Subdivider and Developer shall be responsible for obtaining all necessary permits and permissions from the department of Fish and Game and the Army Corps of Engineers and from any other regulatory agency for the alterations to any of the watercourses that are impacted by the proposed development. b. All finished building floor elevations shall be 1.0 foot higher than the 100-year base flood elevations.
41.All storm drains, catch basins, the storm water runoff structures shall be provided with adequate capabilities to filter and retain sediment, grit, oil and grease to prevent pollution in storm water runoff, in compliance with the State Water Board Best Management Practices.
42.Storm flows may be conveyed in street sections to the extent that right-of-way limits shall accommodate a 100-year storm to a depth less than 0.7 feet deep (or 0.91 feet deep for 8” curbs) from the flow line to provide all-weather emergency ingress and egress. If storm flows cannot be adequately conveyed by street sections, underground storm drains and other mitigation measures shall be provided as recommended in the Hydrology/Hydraulics Report and approved by the City Engineer
43.Prior to construction of any improvements or prior to any land disturbance, the Developer shall construct temporary drainage facilities and establish erosion control practices as necessary to minimize storm runoff and erosion and silt deposition. All construction storm drains, catch basins, the storm water runoff structures shall be provided with adequate capabilities to filter and retain sediment, grit, oil and grease to prevent pollution in storm water runoff, in compliance with the State Water Board Best Management Practices. The Developer shall obtain a National Pollutant Discharge Elimination System (NPDES) General Permit for storm water discharges associated with construction activities, as directed by the California Water Resources Control Board and approved by the Engineering Department staff. During construction, all NPDES guidelines will be in full force and all Best Management Practices (BMP) shall be followed. For grading of areas greater than 1 acre, a full Storm Water Pollution Prevention Plan (SWPPP) shall be prepared for review and approval by the Regional Water Quality Control Board.
44.The Developer shall provide adequate mitigation for storm drainage to avoid concentrating or increasing offsite flows, subject to review and approval by City of Adelanto Public Works/Engineering staff.
a. Consistent with County Flood Control Standards, drainage systems shall be designed so that drainage leaving the project is not greater than 90% of predevelopment flows. 173
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i. All retention or detention facilities shall be fully landscaped and fenced using tubular steel fencing and shall have dry wells installed at the inlet and bottom of the basin.
45.All drainage flows, including storm event drainage and nuisance drainage, must be conveyed across roads designated via subsurface conveyance.
Traffic Safety:
46. . Prior to the submittal and approval of the Street Improvements Plans for this project and prior to the recordation of the Final Map, the developer shall prepare a cumulative Traffic Impact Analysis (TIA) to study the impacts of this development on the circulation system of the Adelanto General Plan. In addition any other required road infrastructure improvements, the Developer shall pay fair share amounts for traffic and infrastructure improvements as determined by the Traffic Impact Analysis, or if the study indicates warrants for immediate traffic signal and infrastructure needs, the developer shall install and complete the needed traffic and infrastructure improvements, or bond for the required traffic and infrastructure improvements with an executed improvement agreement, prior to the recordation of the Final Map and complete any required traffic and infrastructure improvements prior to any occupancy.
OR
In lieu of preparing the Traffic Impact Analysis Report and performing the necessary mitigation by construction or paying fair share cost of additional infrastructure required by the Traffic Impact Analysis Report, the developer may pay the following in-lieu fees; if the City adopts Traffic Impact Fees, those shall supersede the in-lieu fees listed below:
a. A fee of $1,500.00 per residential lot for impacts the Regional Road, Super Arterial, Major Arterial, and Major Collector Road Network.
47.Street name signs and traffic control devices, including full-width striping and transitioning into existing paving of any collector and arterial streets improved by this project, shall be constructed in accordance with the approved plans. Street names for this project shall be submitted to the Engineering Department for City Council approval. a. All signposts shall be installed with anchors when they are installed into concrete. b. All street name signs shall be installed on 12” cap brackets. c. Any sign or post removed by the developer shall be returned to the Street Department undamaged and unmolested.
d. All street striping, onsite and offsite, shall be installed by the developer. This includes “STOP” and stop bars at all “STOP” signs, fog lines and any other traffic safety striping that may apply as directed by the Street Department. 174
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e. Curbs must be painted red in front of all fire hydrants and mailboxes. f. Each street section shall have a posted speed limit sign as directed by Public Works/Engineering Department staff.
48. During construction, temporary pedestrian and traffic control devices shall be constructed as deemed necessary by the City Public Works Department staff at locations where construction traffic disrupts normal traffic. Such measures and devices shall include but are not limited to: flagmen, barricades, portable electric traffic signals and street sweeping.
Park and Landscaping:
49. Prior to the grading permit for any phase of development, the Developer shall prepare final improvement plans for the landscaping and irrigation of landscaped areas, and all open spaces. Said plans shall be prepared by a California licensed Landscape Architect and shall be subject to the review and approval of Public Works Department and Planning Department staff.
50. A minimum five (5) foot irrigated landscape easement shall be provided between the edge of the sidewalk and the perimeter wall on all surrounding streets. i. Landscaping shall be at the rate of one (1) tree and six (6) shrubs per 30 linear feet plus such vegetative cover necessary to cover a minimum of forty (40) percent of the total area with shrubs and ground cover. ii. Turf is prohibited within public rights-of-way.
iii. Irrigation shall be designed to minimize maintenance and water consumption.
iv. All slopes over three feet in height shall be fully landscaped and irrigated.
51.All easements and dedicated Right-of-Way land between the sidewalk and the perimeter masonry wall of the development shall be planted with drought tolerant materials, and irrigation installed, as approved by City Staff. Said landscape easement and landscaped area shall be maintained by the developer until such time as the final home is occupied; the landscape easement, if necessary, shall then be deeded to the City and the landscaped area will then there after be the responsibility of the City upon final acceptance. If landscaped area is sloped, the sidewalk-back shall have at least a 6-inch lip/curb to prevent runoff across sidewalk or a 2-feet wide “flat area” behind the sidewalk. a. All plant spacing shall be approved by City Public Works/Engineering Department and Title 17.
Onsite requirements
52.All pad elevations shall be higher than all adjacent street elevations. 175
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53.Tops of all cut slopes shall be in conformance with City Standards per the City Engineer.
Retaining walls shall be utilized where required by Public Works Department staff to ensure that unusable and non-visible slopes are not created.
54.No lot shall drain onto any property adjacent to the project. Lots shall be protected from storm runoff as approved by the Public Works Department staff.
55.Sewer and water service pipelines shall be placed outside of driveway areas unless otherwise approved by the Public Works Department staff.
56.All onsite parking must be on an impervious surface, asphalt or concrete, and shall be based on an R-Value conducted by a competent soils testing laboratory and Traffic Index acceptable to the City Engineer
176
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SAND
Landscape Declarations:
contractor shall layout plantings. The landscape architect shall verify
2. Prior to the installation of the irrigation system and planting the
1. Plants selected shall be irrigated with an automatic system designed to comply with local nd state laws including California State AB1881 and aqdjust plantings as necessary to ensure compliance with approved Water Efficeint Landscape Ordinance and the City of Apple Valley Water Efficient Landscape Worksheet
Low Water Use Plants 0.30
Plant Factor (PF) Ratings, (Typical)
Moderate Water Use Plants 0.4-0.6
High Water Use Plants 0.7-1.0
Spray Heads 71-75%
Irrigation Efficiency (IE) Ratings (Typical)
Bubblers 75-85%
Drip Emitters 80-90%
Water Conservation Regulations.
planting plan(s) and state and local regulatory requirements.
PLANTING LEGEND
SYMBOL BOTANICAL/COMMON
NAME
PLANTING
SIZE
WATER
TREES
Platanus racemosa
(California Sycamore) 24" Box
Ulmus hybrid Frontier
(Evergreen Elm)
15 Gal
SHRUB
Aloe striata
(Coral Aloe) 5 gal
5 Gal
Lantana 'Lavender Swirl' 5 Gal
Salvia greggii
(Red Autumn Sage
Salvia)
5 Gal
SUCCULENT
Hesperaloe parviflora
(Hesperaloe)
1 Gal
GROUNDCOVER
1 Gal.
5 Gal
VINE
Parthenocissus
tricuspidata 'Veitchii'
(Boston Ivy)
1 Gal
Height: 12-18'
Width: 15-24'
Lagestromeia indica x
faurei "Tuscarora'
(Crape Myrtle)
15 Gal
MATURE
SIZE USE
Jacaranda mimosifolia
(Jacaranda)
24" Box
S
Leucophylum 'Cimeron'
(Texas Ranger)
As
H
Sm
Senecio talinoides
var. mandraliscae
(Blue Finger)
Height: 25-40'
Width: 15-30'
Height: 20-25'
Width: 10-15'
Height: 30-40'
Width: 20-30'
Fouquieria splendens
(Ocotilla)
Dasylirion wheeleri
(Desert Spoon)
En Encelia farinosa
(Salvia)
Acacia redolens 'Low Boy'
(Acacia) Ar
Cercidium x hybrid
Desert Museum
(Palo Verde)
24" Box Height: 20'
Width: 20'
(Trailing Lantana) La
5 Gal
Le
24" Box Height: 30'
Width: 30'
Chrysactinia mexicana 1 Gal Ch (Damianita)
Ab
Abelia x grandiflora
'Kaleidoscope'
(Kaleidoscope Abelia)
5 Gal
Calylophus hateigii
v Fendleri
1 Gal
(Sundrops)
C
B
Bouteloua gracilis
'Blonde Ambition'
(Blue Grama Grass)
Height: 2.5-3'
Width: 3-4' Low
Height: 2-3'
Width: 2-3'
Moderate
Height: 3-4'
Width: 3-4' 5 Gal Low
Height: 3'
Width: 3' Low
Low
min. 6'
with 3 canes Low
Height: 3'
Width: 3'
Height: 10-15'
Width: 8-10'
5 Gal Low Height: 4-5'
Width: 5-6'
Low
Height: 3'
Width: 18"
Low
Height: 2-3'
Width: 1-3'
Low
Height: 1-2'
Width: 2-3'
Low Height: 2'
Width: 10-15'
Low Height: 12"
Width: 3-6'
Low Height: 2'
Width: 2'
Low Height: 1'
Width: 2'
Prosopis x hybrid
(Honey Mesquite)
Low
Moderate
Low
Moderate
Moderate
Moderate
Moderate Length :10-20'
BOULDERS
Combination of
3-5' x 3-4' x 2-3' Boulders
Cercidium x hybrid
St Strelitzia reginae
(Bird of Paradise)
10 Gal Low
Height: 3-4'
Width: 4-6'
Phormium
'Rainbow Queen'
5 Gal
Low Height: 4-6'
Width: 3-4' Ph
Par
(New Zealand Flax)
all planting bed areas. Where designated, contractor to add 2-3" of and native soil. After planting, add a minimum of 2" of approved D.G. to must consist of at least 50% organic matter mixed with amendments and Remove all debris measuring a minimum of 2" dia. or larger. Planting soil all planting areas and replacing with a minimum of 4" of approved top soil. (ANZI Z60.1-1996).
2. All plantings must conform to the American Standard for Nursery Stock layout. Any major modifications must be approved, in writing, by the planting edge. The contractor may make minor adjustments to the planting
3. All planting areas shall be prepared by removing a min.of 6" of soil from
GENERAL PLANTING NOTES
1. All plantings are diagramatically shown. Keep plants back a min. 2'-0" from approved ledger rock to landscape area.
4. All plantings shall be guaranteed for a minimum of 90 days after project acceptance .
5. All existing Joshua Trees shall be preserved and protected and relocated to location as noted on the landscape plan. The planting and maintenance owner/owner's representative.
of the relocated Joshua trees shall conform to the recommendations of of the Biological and Environmental Consultants.
# ISSUED FOR: DESIGN DEVELOPMENT PROGRESS % BIDDING PERMIT CONSTRUCTION DOCUMENT CLIENT PLANNING - DESIGN 31220 La Baya Dr. Unit #113 Westlake Village, CA 91362 Tel.: 818.825.6826 [email protected] L-1
OF SHEETS
DRAWN BY:
PROJECT NO.
PERMIT #:
CHECKED SHEET TITLE
DATE:
MARCH 24, 2022
DD
- PRELIMINARY LANSCAPE PLAN
SCALE: 1/32"= 1'-0" PRELIMINARY LANDSCAPE PLAN APN: 3128-201-17 CITY OF ADELANTO, CA 177
CITY COUNCIL AGENDA REPORT
DATE: July 13, 2021
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Angel Castellanos, Director of Finance, Derik Despain, Senior Accountant SUBJECT: OPEN A PUBLIC HEARING AND ADOPT RESOLUTION 22-51 ORDERING THE LEVY
AND COLLECTION OF SOLID WASTE CHARGES ON THE PROPERY TAX ROLL FOR FISCAL YEAR 2022-23.
STAFF RECOMMENDATION:
It is recommended that the City Council open a public hearing and adopt Resolution 22-XX ordering the levy and collection of solid waste charges on the property tax roll for Fiscal Year 2022-2023.
BACKGROUND:
Beginning in Fiscal Year 2010-11 the City began placing the annual charges for solid waste collection services in accordance with Ordinance 499, which amended Chapter 8 of the Adelanto Municipal Code to allow for collection of those charges on the County tax rolls. In FY2016-17 annual street sweeping charges were also added to that annual tax levy.
The annual tax roll billing method has significant cost advantages, which translate into lower rates to City residents. One advantage is lower administrative processing costs of approximately 8,000 bills on a monthly basis and another advantage is lower delinquency and collection costs. The benefit to our residents is lower trash rates because of the reduced administrative costs of providing the service.
Attached for the Council's adoption is Resolution No. 22-51, ordering the levy and collection of solid waste charges assessments on the property tax roll for Fiscal Year 2022-2023.
FISCAL IMPACT:
City General Fund receives approximately $1,000,000 annually in Franchise Fees on Residential, Commercial, Recycling and Roll-off services.
ATTACHMENTS:
1. Resolution 22-51
2. Proposed Solid Waste Rates for FY 2022-2023
178
RESOLUTION NO. 22-51
A RESOLUTION OF THE ADELANTO CITY COUNCIL, ORDERING
THE LEVY AND COLLECTION OF SOLID WASTE FEES BY THE
COUNTY TAX COLLECTOR IN THE SAME MANNER AND AT THE
SAME TIME AS GENERAL TAXES.
WHEREAS, in 2010 the City of Adelanto executed a solid waste handling agreement with AVCO Disposal, a.k.a. Burrtec Waste Industries (Burrtec), for the provision of solid waste collection and recycling services; and
WHEREAS, City staff have historically rendered billing and collection services for all solid waste accounts within the city limits and have included those charges on the monthly water bills; and WHEREAS, Burrtec offers the service of direct billing customers for their solid waste charges via property tax rolls at no additional cost to the City; and WHEREAS, California Health and Safety Code section 5473 authorizes the City of Adelanto to adopt an ordinance or resolution by a two-thirds vote of the City Council to collect solid waste rates in a manner, and at the same time, as its general taxes; and WHEREAS, on May 26, 2010, the Council approved Ordinance 499 which amended Chapter 8 of the Adelanto Municipal Code to allow the City to collect solid waste receipts on the County tax rolls.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ADELANTO AS FOLLOWS:
Section 1. The foregoing recitals are true and correct and incorporated into the body of this Resolution by this reference.
Section 2. The City Council hereby requests the San Bernardino County Tax Assessor to place collection of rates charged by its franchisee for solid waste handling services at residential and commercial properties in the City and for street sweeping services in City on the County’s tax rolls.
Section 3. Staff is directed to take all action necessary to effectuate this Resolution.
Section 4. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions
179
Resolution No. 22-51
PASSED, APPROVED AND ADOPTED this 13th day of July, 2022. ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
180
Resolution No. 22-51
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-51 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 13th day of July, 2022 be the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 13th day of July, 2022.
______________________________
Brenda Lopez, City Clerk
181
Current
Rate
Proposed
2022 Rate
Current
Rate
Proposed
2022 Rate
Residential Refuse Bins - Recycling
Trash - 35 Gallon Barrel $ 28.84 $ 28.84 Size Freq
Trash - 65 Gallon Barrel $ 31.58 $ 31.58 1.5 1 $ 61.67 $ 61.67 Trash - 95 Gallon Barrel $ 34.31 $ 34.31 1.5 2 $ 123.33 $ 123.33 Trash - Sr/Handicap Service $ 13.93 $ 13.93 1.5 3 $ 184.99 $ 184.99 Recycling - 65 Gallon Barrel N/C N/C 2 1 $ 81.65 $ 81.65 Extra Trash - 35 Gallon Barrel $ 8.03 $ 8.49 2 2 $ 163.33 $ 163.33 Extra Trash - 65 Gallon Barrel $ 8.36 $ 8.85 2 3 $ 244.95 $ 244.95 Extra Trash - 95 Gallon Barrel $ 9.51 $ 10.06 3 1 $ 124.90 $ 124.90 Extra Recycling Barrel N/C N/C 3 2 $ 249.19 $ 249.19
Extra Pick Up $ 19.94 $ 21.09 3 3 $ 373.81 $ 373.81
Extra Pick Up Sr $ 12.60 $ 13.33 3 4 $ 498.37 $ 498.37
Pull Out Service $ 15.73 $ 16.63 3 5 $ 622.96 $ 622.96
Pull Out Service (frail/handicap) N/C N/C 3 6 $ 747.57 $ 747.57 Contamination Fee - Barrel $ 19.94 $ 21.09
Roll-Off & Compactor Services
Commercial Barrel - Refuse Trash RO Box
Size Freq 10 yard - 5 Tons $ 607.21 $ 639.73
95-Gallon 1 $ 57.48 $ 60.93 20 yard - 5 Tons $ 607.21 $ 639.73 Extra 95-Gallon (1) 1 N/C N/C 30 yard - 5 Tons $ 607.21 $ 639.73 40 yard - 5 Tons $ 607.21 $ 639.73
Commercial Barrel - Recycling 40 yard - 8 Tons Compactor $ 794.65 $ 837.54 Size Freq Trash Compact Box
95-Gallon 1 $ 43.65 $ 43.65 10 yard - 5 Tons $ 607.21 $ 639.73 Extra 95-Gallon 1 $ 43.65 $ 43.65 20 yard - 5 Tons $ 607.21 $ 639.73 40 yard - 5 Tons $ 607.21 $ 639.73
Recycling Box
10 yard - plus Material Rebate $ 248.00 $ 259.50
20 yard - plus Material Rebate $ 248.00 $ 259.50
40 yard - plus Material Rebate $ 248.00 $ 259.50
Additional Services
Dry Run Fee (per ocurrance) $ 88.16 $ 93.24
Commercial Bins - Refuse Relocation Fee (per ocurrance) $ 88.16 $ 93.24
1.5 1 $ 72.61 $ 77.08 Rental Fee (daily when exceding 7 day) $ 26.74 $ 28.28
1.5 2 $ 145.17 $ 154.13 Front Loader Clean Up (per occurrence) $ 310.56 $ 328.45
1.5 3 $ 217.78 $ 231.19 Roll Off Clean Up (per occurrence) $ 184.12 $ 194.73 2 1 $ 96.20 $ 102.15
2 2 $ 192.43 $ 204.30
2 3 $ 288.59 $ 306.43 Miscellaneous Commercial Services 3 1 $ 146.79 $ 155.80
3 2 $ 292.99 $ 310.99 Extra Pick up 1.5 Yard Bin $ 29.65 $ 31.36 3 3 $ 439.47 $ 466.46 Extra Pick up 2 Yard Bin $ 38.74 $ 40.98 3 4 $ 585.95 $ 621.94 Extra Pick up 3 Yard Bin $ 55.58 $ 58.78 3 5 $ 732.40 $ 777.38 Extra Pick up FW Barrel/Bin $ 54.12 $ 57.23 3 6 $ 878.92 $ 932.90
Locking Bin $ 7.74 $ 8.19
Bulky Items (up to 5) $ 52.63 $ 55.66
Commercial Bins - Manure
1.5 1 $ 59.50 $ 63.26 Push Out (per pick-up/month)
1.5 2 $ 119.03 $ 126.56 0-25 ft $ - $ -
2 1 $ 119.03 $ 126.56 26-50 ft $ 19.61 $ 20.74
2 2 $ 238.06 $ 253.10 Over 51 ft $ 106.06 $ 112.18
3 1 $ 178.57 $ 189.85
3 2 $ 357.10 $ 379.69 Contamination Fee
3 3 $ 535.61 $ 569.48 - Recycling Commercial Barrel $ 25.49 $ 26.95
EXHIBIT
CITY OF ADELANTO
PROPOSED RATE INCREASES
Service Type Service Type
2022 Adelanto Rates_6-13-22_City File Rate Exhibit 1
182
Current
Rate
Proposed
2022 Rate
Current
Rate
Proposed
2022 Rate
EXHIBIT
CITY OF ADELANTO
PROPOSED RATE INCREASES
Service Type Service Type
Mutli Family/Residential Bins - Refuse Miscellaneous Commercial Services (continued)
1.5 1 $ 88.54 $ 93.41 - Recycling Multi Family Barrel $ 61.13 $ 64.65
1.5 2 $ 177.02 $ 186.79 - Food Waste Commercial Barrel/Bin $ 70.85 $ 74.94
1.5 3 $ 265.56 $ 280.19 - Green Waste Commercial Barrel/Bin $ 61.13 $ 64.65 2 1 $ 117.43 $ 123.93
2 2 $ 234.89 $ 247.85 Extra Bin Cleaning $ 93.95 $ 99.36 2 3 $ 352.29 $ 371.75 Temp Bin - 3 Yrd (7 Days) $ 138.66 $ 146.65 3 1 $ 178.64 $ 188.46 Dump & Return - Temp Bin $ 138.66 $ 146.65 3 2 $ 356.69 $ 376.31 Temporary Bin - Clean Up $ 138.66 $ 146.65 3 3 $ 535.02 $ 564.45
3 4 $ 713.35 $ 752.59 Barrel Exchange (first exchange free) $ 19.10 $ 20.20 3 5 $ 891.65 $ 940.69
3 6 $ 1,070.02 $ 1,128.88 Barrel Replacement $ 82.28 $ 87.01 resdl-customer damaged
Bin Exchange (one exchange per year at no $ 95.19 $ 100.68 charge, does not apply to graffiti or damaged bins)
Bin Replacement + actual cost of bin n/a $ 109.20
comml-lost or stolen
Commercial Bins - Green Waste Barrels-Green Waste
1.5 1 $ 154.83 $ 163.60 95-Gallon 1 $ 65.43 $ 69.16
1.5 2 $ 253.94 $ 268.30 95-Gallon 2 n/a $ 113.90
1.5 3 $ 341.80 $ 361.10 95-Gallon 3 n/a $ 159.73
1.5 4 $ 431.06 $ 455.38 95-Gallon 4 n/a $ 205.48
1.5 5 $ 516.28 $ 545.35 95-Gallon 5 n/a $ 251.30
1.5 6 $ 601.83 $ 635.69 95-Gallon 6 n/a $ 297.08
2 1 $ 185.88 $ 196.41
2 2 $ 320.81 $ 338.94 Extra 95-Gallon 1 $ 65.43 $ 69.16 2 3 $ 439.33 $ 464.11
2 4 $ 559.35 $ 590.86 Commercial Food Waste
2 5 $ 710.79 $ 750.85 Bins
2 6 $ 797.03 $ 841.89 2 1 $ 292.50 $ 300.18
3 1 $ 227.46 $ 240.30 2 2 $ 534.04 $ 546.45
3 2 $ 398.10 $ 420.51 2 3 $ 759.19 $ 775.39
3 3 $ 550.53 $ 581.44 2 4 $ 985.81 $ 1,005.89
3 4 $ 704.58 $ 744.10 2 5 $ 1,243.88 $ 1,269.64
3 5 $ 893.63 $ 943.78 2 6 $ 1,436.71 $ 1,464.41
3 6 $ 1,010.04 $ 1,066.63
Barrels
Barrels-Green Waste 35-Gallon 1 n/a $ 79.14
35-Gallon 1 n/a $ 56.99 35-Gallon 2 n/a $ 135.99
35-Gallon 2 n/a $ 91.69 35-Gallon 3 n/a $ 192.90
35-Gallon 3 n/a $ 126.45 35-Gallon 4 n/a $ 249.74
35-Gallon 4 n/a $ 161.15 35-Gallon 5 n/a $ 306.65
35-Gallon 5 n/a $ 195.91 35-Gallon 6 n/a $ 363.53
35-Gallon 6 n/a $ 230.64
65-Gallon 1 $ 107.49 $ 110.26
65-Gallon 1 n/a $ 62.61 65-Gallon 2 $ 193.55 $ 197.85
65-Gallon 2 n/a $ 102.85 65-Gallon 3 $ 279.68 $ 285.53
65-Gallon 3 n/a $ 143.14 65-Gallon 4 $ 365.72 $ 373.10
65-Gallon 4 n/a $ 183.36 65-Gallon 5 $ 451.83 $ 460.76
65-Gallon 5 n/a $ 223.65 65-Gallon 6 $ 537.90 $ 548.38
65-Gallon 6 n/a $ 263.91
2022 Adelanto Rates_6-13-22_City File Rate Exhibit 2
183
Burrtec Waste Industries, Inc.
City of Adelanto
2022 Rates
Barrel Service with Street Sweeping
Service $ 38.00 $ 0.74 Recover 2020 20% Total Service $ 40.75 $ 0.76 Recover 2020 20% Total CPI (1) 7/21 WDA $ 79.15 Street Deferment Franchise Billed to CPI (1) 7/22 WDA $ 55.25 Street Deferment Rate Franchise Billed to Increase Service Frequency 2.20% Service Disposal MRF Fee (2) Sweeping in 2 Years Fee (3) Customer 5.76% Service Disposal MRF Fee (2) Sweeping in 2 Years Stabilization Fee (3) Customer $ % Residential (95g) 1xWeek $ 0.37 $ 17.01 $ 6.94 $ 2.59 $ 0.74 $ 0.17 $ 6.86 $ 34.31 $ 0.98 $ 17.99 $ 6.84 $ 1.60 $ 0.76 $ 0.17 $ 0.09 $ 6.86 $ 34.31 $ - 0.00% Residential (65g) 1xWeek $ 0.37 $ 17.01 $ 4.75 $ 2.59 $ 0.74 $ 0.17 $ 6.32 $ 31.58 $ 0.98 $ 17.99 $ 4.68 $ 1.60 $ 0.76 $ 0.17 $ 0.06 $ 6.32 $ 31.58 $ - 0.00% Residential (35g) 1xWeek $ 0.37 $ 17.01 $ 2.56 $ 2.59 $ 0.74 $ 0.17 $ 5.77 $ 28.84 $ 0.98 $ 17.99 $ 2.52 $ 1.60 $ 0.76 $ 0.17 $ 0.03 $ 5.77 $ 28.84 $ - 0.00% Senior Service 1xWeek $ 0.22 $ 10.40 $ - $ - $ 0.74 $ 2.79 $ 13.93 $ 0.60 $ 11.00 $ - $ - $ 0.76 $ (0.62) $ 2.79 $ 13.93 $ - 0.00% (all sizes)
Handicap 1xWeek $ 10.40 $ 0.74 $ 2.79 $ 13.93 $ 0.60 $ 11.00 $ 0.76 $ (0.62) $ 2.79 $ 13.93 $ - 0.00% (all sizes)
Notes: Notes:
(1) Service includes CPI increase of 2.2% March 2021 (1) Service includes CPI increase of 5.76% for 2021. (2) MRF Fee adjusted to cover actual cost components including disposal of residue (2) MRF Fee adjusted to cover actual cost components including disposal of residue. (3) Franchise Fee calculated at 20% of total rate. (3) Franchise Fee calculated at 20% of total rate.
Current Components 7/1/21 Proposed Components 7/1/22
2022 Adelanto Rates_6-13-22_City File
184
1 Barrels
Burrtec Waste Industries, Inc.
City of Adelanto
Bin Service - Trash with Street Sweeping
Service $ 38.00 $ 0.79 $ 0.15 20% Service $ 40.75 $ 0.81 $ 0.15 20% CPI -2.86% Street Compliance Stabilization Franchise CPI 7.24% Street Compliance Franchise Increase Service Bin Size Frequency 2.20% Service Disposal Sweeping Fee Fee Fee Total 5.76% Service Disposal Sweeping Fee Fee Total $ %
1.5 1 $ 0.86 $ 39.87 $ 12.35 $ 5.14 $ 0.98 $ (0.25) $ 14.52 $ 72.61 $ 2.30 $ 42.17 $ 13.24 $ 5.27 $ 0.98 $ 15.42 $ 77.08 $ 4.47 6.16%
1.5 2 $ 1.72 $ 79.75 $ 24.69 $ 10.27 $ 1.95 $ (0.52) $ 29.03 $ 145.17 $ 4.59 $ 84.34 $ 26.48 $ 10.53 $ 1.95 $ 30.83 $ 154.13 $ 8.96 6.17%
1.5 3 $ 2.57 $ 119.60 $ 37.05 $ 15.41 $ 2.93 $ (0.77) $ 43.56 $ 217.78 $ 6.89 $ 126.49 $ 39.73 $ 15.80 $ 2.93 $ 46.24 $ 231.19 $ 13.41 6.16% 2 1 $ 1.13 $ 52.70 $ 16.47 $ 6.85 $ 1.30 $ (0.36) $ 19.24 $ 96.20 $ 3.04 $ 55.74 $ 17.66 $ 7.02 $ 1.30 $ 20.43 $ 102.15 $ 5.95 6.19% 2 2 $ 2.27 $ 105.41 $ 32.94 $ 13.69 $ 2.60 $ (0.70) $ 38.49 $ 192.43 $ 6.07 $ 111.48 $ 35.32 $ 14.04 $ 2.60 $ 40.86 $ 204.30 $ 11.87 6.17% 2 3 $ 3.40 $ 158.09 $ 49.40 $ 20.54 $ 3.90 $ (1.06) $ 57.72 $ 288.59 $ 9.11 $ 167.20 $ 52.98 $ 21.06 $ 3.90 $ 61.29 $ 306.43 $ 17.84 6.18% 3 1 $ 1.74 $ 81.01 $ 24.69 $ 10.27 $ 1.95 $ (0.49) $ 29.36 $ 146.79 $ 4.67 $ 85.68 $ 26.48 $ 10.53 $ 1.95 $ 31.16 $ 155.80 $ 9.01 6.14% 3 2 $ 3.48 $ 161.54 $ 49.40 $ 20.54 $ 3.90 $ (0.99) $ 58.60 $ 292.99 $ 9.31 $ 170.85 $ 52.98 $ 21.06 $ 3.90 $ 62.20 $ 310.99 $ 18.00 6.14% 3 3 $ 5.22 $ 242.31 $ 74.10 $ 30.81 $ 5.85 $ (1.49) $ 87.89 $ 439.47 $ 13.96 $ 256.27 $ 79.46 $ 31.59 $ 5.85 $ 93.29 $ 466.46 $ 26.99 6.14% 3 4 $ 6.95 $ 323.07 $ 98.80 $ 41.08 $ 7.80 $ (1.99) $ 117.19 $ 585.95 $ 18.61 $ 341.68 $ 105.95 $ 42.12 $ 7.80 $ 124.39 $ 621.94 $ 35.99 6.14% 3 5 $ 8.69 $ 403.81 $ 123.49 $ 51.35 $ 9.75 $ (2.48) $ 146.48 $ 732.40 $ 23.26 $ 427.07 $ 132.43 $ 52.65 $ 9.75 $ 155.48 $ 777.38 $ 44.98 6.14% 3 6 $ 10.43 $ 484.59 $ 148.20 $ 61.62 $ 11.70 $ (2.98) $ 175.79 $ 878.92 $ 27.92 $ 512.51 $ 158.93 $ 63.18 $ 11.70 $ 186.58 $ 932.90 $ 53.98 6.14% Commercial Barrel
95g 1 $ 0.69 $ 31.91 $ 12.13 $ 1.63 $ 0.31 $ - $ 11.50 $ 57.48 $ 1.84 $ 33.75 $ 13.01 $ 1.67 $ 0.31 $ 12.19 $ 60.93 $ 3.45 6.00% Horse Bins (manure)
1 1 $ 0.63 $ 29.30 $ 14.42 $ 3.42 $ 0.65 $ (0.19) $ 11.90 $ 59.50 $ 1.69 $ 30.99 $ 15.46 $ 3.51 $ 0.65 $ 12.65 $ 63.26 $ 3.76 6.32% 1 2 $ 1.26 $ 58.64 $ 28.82 $ 6.85 $ 1.30 $ (0.39) $ 23.81 $ 119.03 $ 3.38 $ 62.02 $ 30.91 $ 7.02 $ 1.30 $ 25.31 $ 126.56 $ 7.53 6.33% 2 1 $ 1.26 $ 58.64 $ 28.82 $ 6.85 $ 1.30 $ (0.39) $ 23.81 $ 119.03 $ 3.38 $ 62.02 $ 30.91 $ 7.02 $ 1.30 $ 25.31 $ 126.56 $ 7.53 6.33% 2 2 $ 2.52 $ 117.27 $ 57.64 $ 13.69 $ 2.60 $ (0.76) $ 47.62 $ 238.06 $ 6.76 $ 124.03 $ 61.81 $ 14.04 $ 2.60 $ 50.62 $ 253.10 $ 15.04 6.32% 3 1 $ 1.89 $ 87.98 $ 43.22 $ 10.27 $ 1.95 $ (0.57) $ 35.72 $ 178.57 $ 5.07 $ 93.05 $ 46.35 $ 10.53 $ 1.95 $ 37.97 $ 189.85 $ 11.28 6.32% 3 2 $ 3.79 $ 175.93 $ 86.46 $ 20.54 $ 3.90 $ (1.15) $ 71.42 $ 357.10 $ 10.14 $ 186.07 $ 92.72 $ 21.06 $ 3.90 $ 75.94 $ 379.69 $ 22.59 6.33% 3 3 $ 5.68 $ 263.89 $ 129.67 $ 30.81 $ 5.85 $ (1.73) $ 107.12 $ 535.61 $ 15.20 $ 279.09 $ 139.05 $ 31.59 $ 5.85 $ 113.90 $ 569.48 $ 33.87 6.32% Notes: Notes:
Disposal = 7/1/21 WDA Rate Disposal = 7/1/22 WDA Rate
Franchise Fee of 20% calculated on total rate Franchise Fee of 20% calculated on total rate Horse Bins adjusted for heavier disposal component Horse Bins adjusted for heavier disposal component Current Components 7/1/21 Proposed Components 7/1/22
2022 Adelanto Rates_6-13-22_City File 2 Comml Refuse 185 Burrtec Waste Industries, Inc.
City of Adelanto
Multi Family Service
Service $ 38.00 $ 0.79 $ 0.15 $ 1.96 20% Service $ 40.75 $ 0.81 $ 0.15 $ 2.01 20% CPI -2.86% Street Compliance Bulky Stabilization Franchise CPI 7.24% Street Compliance Bulky Franchise Increase Service Bin Size Frequency 2.20% Service Disposal Sweeping Fee Item Fee Fee Total 5.76% Service Disposal Sweeping Fee Item Fee Total $ %
1.5 1 $ 0.86 $ 39.87 $ 12.35 $ 5.14 $ 0.98 $ 12.74 $ (0.25) $ 17.71 $ 88.54 $ 2.30 $ 42.17 $ 13.24 $ 5.27 $ 0.98 $ 13.07 $ 18.68 $ 93.41 $ 4.87 5.50%
1.5 2 $ 1.72 $ 79.75 $ 24.69 $ 10.27 $ 1.95 $ 25.48 $ (0.52) $ 35.40 $ 177.02 $ 4.59 $ 84.34 $ 26.48 $ 10.53 $ 1.95 $ 26.13 $ 37.36 $ 186.79 $ 9.77 5.52%
1.5 3 $ 2.57 $ 119.60 $ 37.05 $ 15.41 $ 2.93 $ 38.22 $ (0.77) $ 53.12 $ 265.56 $ 6.89 $ 126.49 $ 39.73 $ 15.80 $ 2.93 $ 39.20 $ 56.04 $ 280.19 $ 14.63 5.51% 2 1 $ 1.13 $ 52.70 $ 16.47 $ 6.85 $ 1.30 $ 16.99 $ (0.36) $ 23.48 $ 117.43 $ 3.04 $ 55.74 $ 17.66 $ 7.02 $ 1.30 $ 17.42 $ 24.79 $ 123.93 $ 6.50 5.54% 2 2 $ 2.27 $ 105.41 $ 32.94 $ 13.69 $ 2.60 $ 33.97 $ (0.70) $ 46.98 $ 234.89 $ 6.07 $ 111.48 $ 35.32 $ 14.04 $ 2.60 $ 34.84 $ 49.57 $ 247.85 $ 12.96 5.52% 2 3 $ 3.40 $ 158.09 $ 49.40 $ 20.54 $ 3.90 $ 50.96 $ (1.06) $ 70.46 $ 352.29 $ 9.11 $ 167.20 $ 52.98 $ 21.06 $ 3.90 $ 52.26 $ 74.35 $ 371.75 $ 19.46 5.52% 3 1 $ 1.74 $ 81.01 $ 24.69 $ 10.27 $ 1.95 $ 25.48 $ (0.49) $ 35.73 $ 178.64 $ 4.67 $ 85.68 $ 26.48 $ 10.53 $ 1.95 $ 26.13 $ 37.69 $ 188.46 $ 9.82 5.50% 3 2 $ 3.48 $ 161.54 $ 49.40 $ 20.54 $ 3.90 $ 50.96 $ (0.99) $ 71.34 $ 356.69 $ 9.31 $ 170.85 $ 52.98 $ 21.06 $ 3.90 $ 52.26 $ 75.26 $ 376.31 $ 19.62 5.50% 3 3 $ 5.22 $ 242.31 $ 74.10 $ 30.81 $ 5.85 $ 76.44 $ (1.49) $ 107.00 $ 535.02 $ 13.96 $ 256.27 $ 79.46 $ 31.59 $ 5.85 $ 78.39 $ 112.89 $ 564.45 $ 29.43 5.50% 3 4 $ 6.95 $ 323.07 $ 98.80 $ 41.08 $ 7.80 $ 101.92 $ (1.99) $ 142.67 $ 713.35 $ 18.61 $ 341.68 $ 105.95 $ 42.12 $ 7.80 $ 104.52 $ 150.52 $ 752.59 $ 39.24 5.50% 3 5 $ 8.69 $ 403.81 $ 123.49 $ 51.35 $ 9.75 $ 127.40 $ (2.48) $ 178.33 $ 891.65 $ 23.26 $ 427.07 $ 132.43 $ 52.65 $ 9.75 $ 130.65 $ 188.14 $ 940.69 $ 49.04 5.50% 3 6 $ 10.43 $ 484.59 $ 148.20 $ 61.62 $ 11.70 $ 152.88 $ (2.98) $ 214.01 $ 1,070.02 $ 27.92 $ 512.51 $ 158.93 $ 63.18 $ 11.70 $ 156.78 $ 225.78 $ 1,128.88 $ 58.86 5.50% Notes: Notes:
Disposal = 7/1/21 WDA Rate Disposal = 7/1/22 WDA Rate
Franchise Fee of 20% calculated on total rate Franchise Fee of 20% calculated on total rate Current Components 7/1/21 Proposed Components 7/1/22
2022 Adelanto Rates_6-13-22_City File 3 MF w bulky
186
Burrtec Waste Industries, Inc.
City of Adelanto
Recycling Bins
Rec Proc p/T 2020 Rec Proc p/T 2020
Service $58.78 Recover 20% Service $26.84 Recover 20%
CPI Lbs/Yard Deferment Franchise CPI Lbs/Yard Deferment Rate Franchise Increase Service Bin Size Frequency 2.20% Service 37.20 in 2 Years Fee Total 5.76% Service 33.21 in 2 Years Stabilization Fee Total $ %
1.5 1 $ 0.86 $ 39.87 $ 7.11 $ 2.36 $ 12.33 $ 61.67 $ 2.30 $ 42.17 $ 2.90 $ 2.36 $ 1.91 12.33 $ 61.67 $ - 0.00%
1.5 2 $ 1.72 $ 79.75 $ 14.21 $ 4.71 $ 24.67 $ 123.33 $ 4.59 $ 84.34 $ 5.79 $ 4.71 $ 3.82 24.67 $ 123.33 $ - 0.00%
1.5 3 $ 2.57 $ 119.60 $ 21.32 $ 7.07 $ 37.00 $ 184.99 $ 6.89 $ 126.49 $ 8.69 $ 7.07 $ 5.74 37.00 $ 184.99 $ - 0.00% 2 1 $ 1.13 $ 52.70 $ 9.48 $ 3.14 $ 16.33 $ 81.65 $ 3.04 $ 55.74 $ 3.86 $ 3.14 $ 2.58 16.33 $ 81.65 $ - 0.00% 2 2 $ 2.27 $ 105.41 $ 18.95 $ 6.30 $ 32.67 $ 163.33 $ 6.07 $ 111.48 $ 7.72 $ 6.30 $ 5.16 32.67 $ 163.33 $ - 0.00% 2 3 $ 3.40 $ 158.09 $ 28.43 $ 9.44 $ 48.99 $ 244.95 $ 9.11 $ 167.20 $ 11.58 $ 9.44 $ 7.74 48.99 $ 244.95 $ - 0.00% 3 1 $ 1.74 $ 81.01 $ 14.21 $ 4.70 $ 24.98 $ 124.90 $ 4.67 $ 85.68 $ 5.79 $ 4.70 $ 3.75 24.98 $ 124.90 $ - 0.00% 3 2 $ 3.48 $ 161.54 $ 28.43 $ 9.38 $ 49.84 $ 249.19 $ 9.31 $ 170.85 $ 11.58 $ 9.38 $ 7.54 49.84 $ 249.19 $ - 0.00% 3 3 $ 5.22 $ 242.31 $ 42.64 $ 14.10 $ 74.76 $ 373.81 $ 13.96 $ 256.27 $ 17.38 $ 14.10 $ 11.30 74.76 $ 373.81 $ - 0.00% 3 4 $ 6.95 $ 323.07 $ 56.85 $ 18.78 $ 99.67 $ 498.37 $ 18.61 $ 341.68 $ 23.17 $ 18.78 $ 15.07 99.67 $ 498.37 $ - 0.00% 3 5 $ 8.69 $ 403.81 $ 71.07 $ 23.49 $ 124.59 $ 622.96 $ 23.26 $ 427.07 $ 28.96 $ 23.49 $ 18.85 124.59 $ 622.96 $ - 0.00% 3 6 $ 10.43 $ 484.59 $ 85.28 $ 28.18 $ 149.51 $ 747.57 $ 27.92 $ 512.51 $ 34.75 $ 28.18 $ 22.62 149.51 $ 747.57 $ - 0.00% Commercial Recycling Barrel
65g/95g $ 0.69 $ 31.91 $ 2.25 $ 0.76 $ 8.73 $ 43.65 $ 1.84 $ 33.75 $ 0.92 $ 0.76 $ (0.51) 8.73 $ 43.65 $ - 0.00% Notes: Notes:
Franchise Fee of 20% calculated on total rate. Franchise Fee of 20% calculated on total rate.
Recycling Proc p/T based on 2020 recycling activity. Recycling Proc p/T based on 2021 recycling activity.
Service same as Commercial Trash. Service same as Commercial Trash.
Includes AB341 compliance programs. Includes AB341 compliance programs.
Current Components 7/1/21 Proposed Components 7/1/22
2022 Adelanto Rates_6-13-22_City File 4 Recycling Bins
187
Burrtec Waste Industries, Inc.
City of Adelanto
Bin & Barrel Service - Food Waste
Lbs/Yrd Lbs/Yrd
300 2020 300 2020
Service Processing Recover 20% Service Processing Recover 20% Bin CPI $ 98.05 Deferment Franchise CPI $ 98.05 Deferment Franchise Increase Size Freq 2.20% Service per ton in 2 Years Fee Total 5.76% Service per ton in 2 Years Fee Total $ % 2 1 $ 2.29 $ 106.53 $ 127.47 $ 58.50 $ 292.50 $ 6.14 $ 112.67 $ 127.47 $ 60.04 $ 300.18 $ 7.68 2.63% 2 2 $ 3.71 $ 172.30 $ 254.93 $ 106.81 $ 534.04 $ 9.93 $ 182.23 $ 254.93 $ 109.29 $ 546.45 $ 12.41 2.32% 2 3 $ 4.84 $ 224.95 $ 382.40 $ 151.84 $ 759.19 $ 12.96 $ 237.91 $ 382.40 $ 155.08 $ 775.39 $ 16.20 2.13% 2 4 $ 6.00 $ 278.79 $ 509.86 $ 197.16 $ 985.81 $ 16.06 $ 294.85 $ 509.86 $ 201.18 $ 1,005.89 $ 20.08 2.04% 2 5 $ 7.70 $ 357.77 $ 637.33 $ 248.78 $ 1,243.88 $ 20.61 $ 378.38 $ 637.33 $ 253.93 $ 1,269.64 $ 25.76 2.07% 2 6 $ 8.28 $ 384.58 $ 764.79 $ 287.34 $ 1,436.71 $ 22.16 $ 406.74 $ 764.79 $ 292.88 $ 1,464.41 $ 27.70 1.93% Lbs/Barrel Lbs/Barrel
200 200
Barrels
35g 1 n/a $ 40.43 $ 22.88 $ 15.83 $ 79.14 n/a n/a
35g 2 n/a $ 63.03 $ 45.76 $ 27.20 $ 135.99 n/a n/a
35g 3 n/a $ 85.68 $ 68.64 $ 38.58 $ 192.90 n/a n/a
35g 4 n/a $ 108.28 $ 91.51 $ 49.95 $ 249.74 n/a n/a
35g 5 n/a $ 130.93 $ 114.39 $ 61.33 $ 306.65 n/a n/a
35g 6 n/a $ 153.55 $ 137.27 $ 72.71 $ 363.53 n/a n/a
65g 1 $ 0.83 $ 38.29 $ 42.49 $ 5.21 $ 21.50 $ 107.49 $ 2.22 $ 40.51 $ 42.49 $ 5.21 $ 22.05 $ 110.26 $ 2.77 2.58% 65g 2 $ 1.28 $ 59.67 $ 84.98 $ 10.19 $ 38.71 $ 193.55 $ 3.44 $ 63.11 $ 84.98 $ 10.19 $ 39.57 $ 197.85 $ 4.30 2.22% 65g 3 $ 1.76 $ 81.08 $ 127.47 $ 15.19 $ 55.94 $ 279.68 $ 4.68 $ 85.76 $ 127.47 $ 15.19 $ 57.11 $ 285.53 $ 5.85 2.09% 65g 4 $ 2.21 $ 102.46 $ 169.95 $ 20.17 $ 73.14 $ 365.72 $ 5.90 $ 108.36 $ 169.95 $ 20.17 $ 74.62 $ 373.10 $ 7.38 2.02% 65g 5 $ 2.68 $ 123.86 $ 212.44 $ 25.16 $ 90.37 $ 451.83 $ 7.15 $ 131.01 $ 212.44 $ 25.16 $ 92.15 $ 460.76 $ 8.93 1.98% 65g 6 $ 3.14 $ 145.25 $ 254.93 $ 30.14 $ 107.58 $ 537.90 $ 8.38 $ 153.63 $ 254.93 $ 30.14 $ 109.68 $ 548.38 $ 10.48 1.95% Current Components 7/1/21 Proposed Components 7/1/22
2022 Adelanto Rates_6-13-22_City File 5 FW stand alone
188
Burrtec Waste Industries, Inc.
City of Adelanto
Bin & Barrel Service - Green Waste
Lbs/Yrd Lbs/Yrd
150 150 2020
Service Processing Recover 20% Service Processing Recover 20% Bin CPI $ 61.12 Deferment Franchise CPI $ 64.64 Deferment Franchise Increase Size Freq 2.20% Service per ton in 2 Years Fee Total 5.76% Service per ton in 2 Years Fee Total $ %
1.5 1 $ 1.99 $ 92.23 $ 29.80 $ 1.83 $ 30.97 $ 154.83 $ 5.31 $ 97.54 $ 31.51 $ 1.83 $ 32.72 $ 163.60 $ 8.77 5.66%
1.5 2 $ 3.01 $ 139.89 $ 59.59 $ 3.67 $ 50.79 $ 253.94 $ 8.06 $ 147.95 $ 63.02 $ 3.67 $ 53.66 $ 268.30 $ 14.36 5.65%
1.5 3 $ 3.84 $ 178.55 $ 89.39 $ 5.50 $ 68.36 $ 341.80 $ 10.29 $ 188.84 $ 94.54 $ 5.50 $ 72.22 $ 361.10 $ 19.30 5.65%
1.5 4 $ 4.70 $ 218.34 $ 119.18 $ 7.33 $ 86.21 $ 431.06 $ 12.58 $ 230.92 $ 126.05 $ 7.33 $ 91.08 $ 455.38 $ 24.32 5.64%
1.5 5 $ 5.49 $ 254.87 $ 148.98 $ 9.17 $ 103.26 $ 516.28 $ 14.68 $ 269.55 $ 157.56 $ 9.17 $ 109.07 $ 545.35 $ 29.07 5.63%
1.5 6 $ 6.28 $ 291.68 $ 178.78 $ 11.00 $ 120.37 $ 601.83 $ 16.80 $ 308.48 $ 189.07 $ 11.00 $ 127.14 $ 635.69 $ 33.86 5.63% 2 1 $ 2.29 $ 106.53 $ 39.73 $ 2.44 $ 37.18 $ 185.88 $ 6.14 $ 112.67 $ 42.02 $ 2.44 $ 39.28 $ 196.41 $ 10.53 5.66% 2 2 $ 3.71 $ 172.30 $ 79.46 $ 4.89 $ 64.16 $ 320.81 $ 9.93 $ 182.23 $ 84.03 $ 4.89 $ 67.79 $ 338.94 $ 18.13 5.65% 2 3 $ 4.84 $ 224.95 $ 119.18 $ 7.33 $ 87.87 $ 439.33 $ 12.96 $ 237.91 $ 126.05 $ 7.33 $ 92.82 $ 464.11 $ 24.78 5.64% 2 4 $ 6.00 $ 278.79 $ 158.91 $ 9.78 $ 111.87 $ 559.35 $ 16.06 $ 294.85 $ 168.06 $ 9.78 $ 118.17 $ 590.86 $ 31.51 5.63% 2 5 $ 7.70 $ 357.77 $ 198.64 $ 12.22 $ 142.16 $ 710.79 $ 20.61 $ 378.38 $ 210.08 $ 12.22 $ 150.17 $ 750.85 $ 40.06 5.64% 2 6 $ 8.28 $ 384.58 $ 238.37 $ 14.67 $ 159.41 $ 797.03 $ 22.16 $ 406.74 $ 252.10 $ 14.67 $ 168.38 $ 841.89 $ 44.86 5.63% 3 1 $ 2.56 $ 118.71 $ 59.59 $ 3.67 $ 45.49 $ 227.46 $ 6.84 $ 125.55 $ 63.02 $ 3.67 $ 48.06 $ 240.30 $ 12.84 5.64% 3 2 $ 4.13 $ 191.97 $ 119.18 $ 7.33 $ 79.62 $ 398.10 $ 11.06 $ 203.03 $ 126.05 $ 7.33 $ 84.10 $ 420.51 $ 22.41 5.63% 3 3 $ 5.40 $ 250.64 $ 178.78 $ 11.00 $ 110.11 $ 550.53 $ 14.44 $ 265.08 $ 189.07 $ 11.00 $ 116.29 $ 581.44 $ 30.91 5.61% 3 4 $ 6.69 $ 310.62 $ 238.37 $ 14.67 $ 140.92 $ 704.58 $ 17.89 $ 328.51 $ 252.10 $ 14.67 $ 148.82 $ 744.10 $ 39.52 5.61% 3 5 $ 8.58 $ 398.61 $ 297.96 $ 18.33 $ 178.73 $ 893.63 $ 22.96 $ 421.57 $ 315.12 $ 18.33 $ 188.76 $ 943.78 $ 50.15 5.61% 3 6 $ 9.22 $ 428.48 $ 357.55 $ 22.00 $ 202.01 $ 1,010.04 $ 24.68 $ 453.16 $ 378.14 $ 22.00 $ 213.33 $ 1,066.63 $ 56.59 5.60% Lbs/Barrel Lbs/Barrel
100 100
Barrel
35G 1 n/a $ 40.43 $ 5.16 $ 11.40 $ 56.99 n/a n/a
35G 2 n/a $ 63.03 $ 10.32 $ 18.34 $ 91.69 n/a n/a
35G 3 n/a $ 85.68 $ 15.48 $ 25.29 $ 126.45 n/a n/a
35G 4 n/a $ 108.28 $ 20.64 $ 32.23 $ 161.15 n/a n/a
35G 5 n/a $ 130.93 $ 25.80 $ 39.18 $ 195.91 n/a n/a
35G 6 n/a $ 153.55 $ 30.96 $ 46.13 $ 230.64 n/a n/a
65G 1 n/a $ 40.51 $ 9.58 $ 12.52 $ 62.61 n/a n/a
65G 2 n/a $ 63.11 $ 19.17 $ 20.57 $ 102.85 n/a n/a
65G 3 n/a $ 85.76 $ 28.75 $ 28.63 $ 143.14 n/a n/a
65G 4 n/a $ 108.36 $ 38.33 $ 36.67 $ 183.36 n/a n/a
65G 5 n/a $ 131.01 $ 47.91 $ 44.73 $ 223.65 n/a n/a
65G 6 n/a $ 153.63 $ 57.50 $ 52.78 $ 263.91 n/a n/a
95G 1 $ 0.82 $ 38.29 $ 13.24 $ 0.82 $ 13.08 $ 65.43 $ 2.21 $ 40.50 $ 14.01 $ 0.82 $ 13.83 $ 69.16 $ 3.73 5.70% 95G 2 n/a 63.11 $ 28.01 $ 22.78 $ 113.90 n/a n/a
95G 3 n/a 85.76 $ 42.02 $ 31.95 $ 159.73 n/a n/a
95G 4 n/a 108.36 $ 56.02 $ 41.10 $ 205.48 n/a n/a
95G 5 n/a 131.01 $ 70.03 $ 50.26 $ 251.30 n/a n/a
95G 6 n/a 153.63 $ 84.03 $ 59.42 $ 297.08 n/a n/a
Current Components 7/1/21 Proposed Components 7/1/22
2022 Adelanto Rates_6-13-22_City File 6 GW
189
Burrtec Waste Industries, Inc.
City of Adelanto
Rolloff with Street Sweeping
$50.00 $2.75 $52.75 $2.75
Service -2.19% $36.73 Complance 20% Total Service 5.50% $37.68 Complance 20% Total CPI CDSDP Street Fee Franchise Billed to CPI CDSDP Street Fee Franchise Billed to Increase Service Frequency 2.20% Service Disposal Sweeping Per Load Fee Customer 5.76% Service Disposal Sweeping Per Load City Fees Customer $ % Perm & Temp
Rolloff Box per load /5 tons $ 4.23 $ 196.29 $ 250.00 $ 36.73 $ 2.75 $ 121.44 $ 607.21 $ 11.31 $ 207.60 $ 263.75 $37.68 $ 2.75 $ 127.95 $ 639.73 $ 32.52 5.36% Perm
Compactor Box per load /8 tons $ 4.22 $ 196.24 $ 400.00 $ 36.73 $ 2.75 $ 158.93 $ 794.65 $ 11.31 $ 207.60 $ 422.00 $37.68 $ 2.75 $ 167.51 $ 837.54 $ 42.89 5.40% Perm
Recycling R/O Box per load $ 4.21 $ 195.65 Actual $ 2.75 $ 49.60 $ 248.00 $ 11.27 $ 207.60 Actual $ 51.90 $ 259.50 $ 11.50 4.64% (commingled, inert, tires, & organics/fw)
Current Components 7/1/21 Proposed Components 7/1/22
2022 Adelanto Rates_6-13-22_City File 7 Rolloff
190
Burrtec Waste Industries, Inc.
City of Adelanto
Extra Residential Barrel Services
Service Prior Year 20% Total Service Prior Year 20% Total CPI Stabilization Franchise Billed to CPI Stabilization Franchise Billed to Increase Service Frequency 2.20% Service Credit to Rate Fee Customer 5.76% Service Credit to Rate Fee Customer $ % Refuse
Extra Barrel - 95g 1xWeek $ 0.16 $ 7.61 $ - $ 1.90 $ 9.51 $ 0.44 $ 8.05 $ - $ 2.01 $ 10.06 $ 0.55 5.78% Extra Barrel - 65g 1xWeek $ 0.14 $ 6.69 $ - $ 1.67 $ 8.36 $ 0.39 $ 7.08 $ - $ 1.77 $ 8.85 $ 0.49 5.86% Extra Barrel - 35g 1xWeek $ 0.14 $ 6.42 $ - $ 1.61 $ 8.03 $ 0.37 $ 6.79 $ - $ 1.70 $ 8.49 $ 0.46 5.73% Recycling
Extra Barrel - 95g 1xWeek $ - $ - $ - $ - No Charge $ - $ - $ - $ - No Charge Extra Barrel - 65g 1xWeek $ - $ - $ - $ - No Charge $ - $ - $ - $ - No Charge Extra Barrel - 35g 1xWeek $ - $ - $ - $ - No Charge $ - $ - $ - $ - No Charge Contamination Fee
Recycling Barrel $ 0.34 $ 15.95 $ - $ 3.99 $ 19.94 $ 0.92 $ 16.87 $ - $ 4.22 $ 21.09 $ 1.15 5.77% Extra Pick up
95g 1xWeek
95g, 65g, 35g 1x $ 0.34 $ 15.95 $ - $ 3.99 $ 19.94 $ 0.92 $ 16.87 $ - $ 4.22 $ 21.09 $ 1.15 5.77% 40g 1xWeek
35g Senior 1xWeek $ 0.22 $ 10.08 $ - $ 2.52 $ 12.60 $ 0.58 $ 10.66 $ - $ 2.67 $ 13.33 $ 0.73 5.79% Barrel Exchange (first exchange free) $ 0.33 $ 15.28 $ 3.82 $ 19.10 $ 0.88 $ 16.16 $ 4.04 $ 20.20 $ 1.10 5.76% Barrel Replacement $ 1.42 $ 65.82 $ 16.46 $ 82.28 $ 3.79 $ 69.61 $ 17.40 $ 87.01 $ 4.73 5.75% resdl-customer damaged
Pull out
Back yard svc $ 0.27 $ 12.58 $ 3.15 $ 15.73 $ 0.72 $ 13.30 $ 3.33 $ 16.63 $ 0.90 5.72% Bulky Items
Extra Bulky Pick-up $ 0.91 $ 42.10 $ 10.53 $ 52.63 $ 2.43 $ 44.53 $ 11.13 $ 55.66 $ 3.03 5.76% (up to 5 items)
Current Components 7/1/21 Proposed Components 7/1/22
2022 Adelanto Rates_6-13-22_City File 8 Extra Srvc Resdl 191
Burrtec Waste Industries, Inc.
City of Adelanto
Extra Commercial Services
Service 20% Total Service 20% Total
CPI Franchise Billed to CPI Franchise Billed to Increase Service Frequency 2.20% Service Fee Customer 5.76% Service Fee Customer $ % Extra Pick up Barrel $ 0.34 $ 15.95 $ 3.99 $ 19.94 $ 0.92 $ 16.87 $ 4.22 $ 21.09 $ 1.15 5.77% Extra Pick up Barrel Lifeline $ 0.22 $ 10.08 $ 2.52 $ 12.60 $ 0.58 $ 10.66 $ 2.67 $ 13.33 $ 0.73 5.79% Temp Bin - 3 Yrd (7 Days) 7 days/1 empty $ 2.39 $ 110.93 $ 27.73 $ 138.66 $ 6.39 $ 117.32 $ 29.33 $ 146.65 $ 7.99 5.76% Dump & Return - Temp Bin 7 days/1 empty $ 2.39 $ 110.93 $ 27.73 $ 138.66 $ 6.39 $ 117.32 $ 29.33 $ 146.65 $ 7.99 5.76% Extra Pick up Trash 1.5 Yrd Bin $ 0.51 $ 23.72 $ 5.93 $ 29.65 $ 1.37 $ 25.09 $ 6.27 $ 31.36 $ 1.71 5.77% Extra Pick up 2 Trash Yard Bin $ 0.67 $ 30.99 $ 7.75 $ 38.74 $ 1.79 $ 32.78 $ 8.20 $ 40.98 $ 2.24 5.78% Extra Pick up Trash 3 Yard Bin $ 0.96 $ 44.46 $ 11.12 $ 55.58 $ 2.56 $ 47.02 $ 11.76 $ 58.78 $ 3.20 5.76% Extra Pick up FW Barrel/Bin $ 0.93 $ 43.29 $ 10.82 $ 54.12 $ 2.49 $ 45.78 $ 11.45 $ 57.23 $ 3.11 5.75% Clean up Temp Bin 7 days/1 empty $ 2.39 $ 110.93 $ 27.73 $ 138.66 $ 6.39 $ 117.32 $ 29.33 $ 146.65 $ 7.99 5.76% Locking Bin monthly fee $ 0.13 $ 6.19 $ 1.55 $ 7.74 $ 0.36 $ 6.55 $ 1.64 $ 8.19 $ 0.45 5.81% monthly fee
Extra Bin Cleaning (after first) monthly fee $ 1.62 $ 75.16 $ 18.79 $ 93.95 $ 4.33 $ 79.49 $ 19.87 $ 99.36 $ 5.41 5.76% Rollout Service
0 to 25 feet per collection $ - $ - $ - $ - $ - $ - $ - $ - 26 - 50 feet per collection $ 0.34 $ 15.69 $ 3.92 $ 19.61 $ 0.90 $ 16.59 $ 4.15 $ 20.74 $ 1.13 5.76% Over 50 feet per collection $ 1.83 $ 84.85 $ 21.21 $ 106.06 $ 4.89 $ 89.74 $ 22.44 $ 112.18 $ 6.12 5.77% Bulky Items - Commercial Only
Extra Bulky Pick-up - Comm Only $ 0.91 $ 42.10 $ 10.53 $ 52.63 $ 2.43 $ 44.53 $ 11.13 $ 55.66 $ 3.03 5.76% (up to 5 items)
Bin Exchange (one exchange per year at no $ 76.15 $ 19.04 $ 95.19 $ 4.39 $ 80.54 $ 20.14 $ 100.68 $ 5.49 5.77% charge, does not apply to graffiti or damaged bins)
Bin Replacement + actual cost of bin n/a $ 87.36 $ 21.84 $ 109.20 n/a n/a comml-lost or stolen
Contaminated Recycling Fee
Commercial Barrel $ 0.44 $ 20.39 $ 5.10 $ 25.49 $ 1.17 $ 21.56 $ 5.39 $ 26.95 $ 1.46 5.73% Commercial/MF Bin $ 1.05 $ 48.90 $ 12.23 $ 61.13 $ 2.82 $ 51.72 $ 12.93 $ 64.65 $ 3.52 5.76% Contaminated Food Waste
Commercial Barrel $ 1.22 $ 56.68 $ 14.17 $ 70.85 $ 3.27 $ 59.95 $ 14.99 $ 74.94 $ 4.09 5.77% Commercial Bin $ 1.22 $ 56.68 $ 14.17 $ 70.85 $ 3.27 $ 59.95 $ 14.99 $ 74.94 $ 4.09 5.77% Contaminated Green Waste
Commercial Barrel $ 1.05 $ 48.90 $ 12.23 $ 61.13 $ 2.82 $ 51.72 $ 12.93 $ 64.65 $ 3.52 5.76% Commercial Bin $ 1.05 $ 48.90 $ 12.23 $ 61.13 $ 2.82 $ 51.72 $ 12.93 $ 64.65 $ 3.52 5.76% Current Components 7/1/21 Proposed Components 7/1/22
2022 Adelanto Rates_6-13-22_City File 9 Extra Srvc Comml 192
Burrtec Waste Industries, Inc.
City of Adelanto
Extra Rolloff Services
Service 20% Total Service 20% Total
CPI Franchise Billed to CPI Franchise Billed to Increase Service Frequency 2.20% Service Fee Customer 5.76% Service Fee Customer $ % Dry Run Fee per occurrence $ 1.52 $ 70.53 $ 17.63 $ 88.16 $ 4.06 $ 74.59 $ 18.65 $ 93.24 $ 5.08 5.76% Relocation Fee per occurrence $ 1.52 $ 70.53 $ 17.63 $ 88.16 $ 4.06 $ 74.59 $ 18.65 $ 93.24 $ 5.08 5.76% Demurrage Fee (rental) daily charge $ 0.46 $ 21.39 $ 5.35 $ 26.74 $ 1.23 $ 22.62 $ 5.66 $ 28.28 $ 1.54 5.75% for containers
exceeding the
7 day allotted time
Current Components 7/1/21 Proposed Components 7/1/22
2022 Adelanto Rates_6-13-22_City File 10 Extra Srvc RO
193
Burrtec Waste Industries, Inc.
City of Adelanto
Clean Up Event Rates
CPI CPI
2.20% Total 5.76% Total
Billed to Billed to Increase
Service Frequency Service Disposal Customer Service Disposal Customer $ % Front Loader Clean Up per occurrence $ 310.56 Actual $ 310.56 $ 328.45 Actual $ 328.45 $ 17.89 5.76% Roll Off Clean Up per occurrence $ 184.12 Actual $ 184.12 $ 194.73 Actual $ 194.73 $ 10.61 5.76% Current Components 7/1/21 Proposed Components 7/1/22
2022 Adelanto Rates_6-13-22_City File 11 Clean Up
194
Avco Disposal
City of Adelanto
7/1/22 Rates
Estimated City Fees Annual Revenue
Franchise
Fees Total
Residential Barrels $ 623,025 $ 623,025
Commercial Refuse $ 240,941 $ 240,941
MF Trash $ 100,271 $ 100,271
Recycling $ 73,483 $ 73,483
Food Waste $ 6,978 $ 6,978
Green Waste (no customers) $ - $ -
Total $ 1,044,699 $ 1,044,699
2022 Adelanto Rates_6-13-22_City File Revenue Effect
195
Bureau of Labor Statistics
Series Id:
Series Title:
Area:
Item:
Base Period:
Years:
Annual
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 Increase 2020 107.143 107.162 106.899 107.640 108.201 108.626 107.672 107.068 108.275 1.87% 2021 109.550 110.981 113.222 114.682 115.557 117.206 113.875 111.588 5.76% Riverside-San Bernardino-Ontario, CA
All items
DECEMBER 2017=100
2020 to 2021
CPI for All Urban Consumers (CPI-U)
Original Data Value
CUURS49CSA0
Not Seasonally Adjusted
All items in Riverside-San Bernardino-Ontario, CA,
all urban consumers, not seasonally adjusted
2022 Adelanto Rates_6-13-22_City File BLS Data Series_proposed 196
CITY COUNCIL AGENDA REPORT
DATE: July 13, 2022
TO: Honorable Mayor and City Council Member
FROM: Jessie Flores, City Manager
BY: Angel Castellanos, Director of Finance
SUBJECT: RECOMMEND AWARD OF CONTRACT FOR PLANNING SUPPORT SERVICES STAFF RECOMMENDATION:
Staff recommends City Council award the Planning Support Services contract to Infrastructure Engineers (IE) in the amount of $750,000.
BACKGROUND:
The City of Adelanto has experienced successful industrial, commercial and residential growth. The City anticipates robust growth in the coming years. For this reason, the City seeks the services of a professional and experienced consulting firm to provide numerous City Planning assignments including but not limited to:
• Plan check projects for construction permit issuance
• Provided discretionary project application processing • Municipal code amendments
• Administration support and attend Planning Commission meetings • Prepare and process environmental documents
• Advanced Planning activities including General Plan Amendments, Zone Changes, and Sphere of Influence change applications.
Staff solicited proposals from consultants through a formal RFP process. The City received three proposals evaluated by an external third-party panel. Based on the outstanding qualifications presented, staff recommends award of contracts to Infrastructure Engineers (IE). The firm has more than 120 employees throughout Southern California, including offices in San Bernardino County. IE presented exceptional qualifications and was the highest ranking firm presenting a high quality team of experts with the necessary experience for the City. Specifically, IE has demonstrated Planning Support services experience in numerous City’s that mirror and resemble the needs of the City of Adelanto. The proposed planning expert has more than 30 years of experience and will support the City with complex planning projects.
FISCAL IMPACT:
Funds are available in the City’s existing budget.
ATTACHMENTS:
A. Contract (draft)
B. Proposal by Infrastructure Engineers (IE)
197
1 2022
PROFESSIONAL SERVICES AGREEMENT
(Engagement: INSERT ENGAGEMENT)
(Parties: INSERT CONSULTANT NAME and City of Adelanto)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of __________________ 2022 (hereinafter, the “Effective Date”) by and between the CITY OF ADELANTO, a municipal corporation (hereinafter, “CITY”) and INSERT CONSULTANT NAME, (hereinafter, “CONSULTANT”).
For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires professional consulting services INSERT THE KIND OF SERVICES REQUIRED; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Adelanto City Council at its Regular Meeting of ___, 2022.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 TERM: This Agreement shall have a term commencing from the Effective Date through , 2022 (hereinafter, the “Term”). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below. IF WANT TO EXTEND TERM: The Agreement may be extended by the CITY subject to its same terms and conditions for a maximum of [insert No. of extensions] additional one-year extension terms, provided the CITY issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term.
1.2 SCOPE OF WORK:
A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “INSERT TITLE OF REQUEST FOR PROPOSALS”, (hereinafter, “CITY RFP”) and the written proposal of 198
2 CONSULTANT entitled “INSERT TITLE OF PROPOSAL” (hereinafter, the “CONSULTANT Proposal”) dated INSERT DATE OF PROPOSAL. The CITY RFP and the CONSULTANT Proposal are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT Proposal. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT Proposal, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
B. IF NO RFP ISSUED: Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain proposal of CONSULTANT entitled “INSERT TITLE OF PROPOSAL” dated INSERT DATE OF PROPOSAL (hereinafter, the “Scope of Work”) which is attached and incorporated hereto as Exhibit “A”.
CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Work. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Work shall hereinafter be referred to generally by the capitalized term “Work.”
1.3 PROSECUTION OF WORK:
A. CONSULTANT shall perform the Work continuously and with due diligence so as to complete the Work by the completion date indicated in each Work Order. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents;
B. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; C. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and
D. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with “INSERT TITLE OF COMPENSATION DOCUMENT (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s 199
3 total compensation for the performance of all Work contemplated under this Agreement, will not exceed the annual budgeted sum of INSERT WRITTEN AMOUNT ($ INSERT NUMBER) (hereinafter, the “Annual Not-to-Exceed Sum”) during the Term of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Annual Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.5 PAYMENT OF COMPENSATION: The Annual Not-to-Exceed Sum will be paid to CONSULTANT in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONSULTANT will submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT’s monthly compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.
Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.
II.
200
4 PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE: The CITY hereby designates INSERT CITY REPRESENTATIVE (hereinafter, the “CITY Representative”) to act as its representative for the performance of this Agreement. The CITY Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the CITY Representative or their designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates INSERT CONSULTANT REPRESENTATIVE, to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”).
Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the CITY Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by CITY Representative or their designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:
A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession.
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative.
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.) CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, 201
5 CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the CITY Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
202
6 2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.
2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.
2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the CITY Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.
2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal 203
7 Department of Housing and Urbanization.
2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.
CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.
CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor 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 to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.
C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with 204
8 the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial well-being and, indirectly, the collective well-being of the residents of the CITY.
Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the 205
9 coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.
3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
IV.
INDEMNIFICATION
4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “CITY Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein.
Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss 206
10 or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the CITY Indemnitees under this Article or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
4.8 [ONLY USE IF FOR DESIGN PROFESSIONALS] WORK OF CONSULTANT’S DESIGN PROFESSIONALS SERVICES: The duty to indemnify, defend and hold harmless as set forth under this subsection shall apply to the negligence, recklessness or willful misconduct of any individual who qualifies as a “design professional” within the meaning of subsection (c)(2) of Section 2782.8 of the 207
11 California Civil Code in so far as such negligence, recklessness or willful misconduct occurs in the performance, work or activities that must be performed by a “design professional.” Subject to the limitation of the preceding sentence, to the fullest extent permitted by law, CONSULTANT shall immediately defend and indemnify and hold harmless the CITY Indemnities, defined above, from and against any and all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT’s officers, employees, servants, agents, contractors, subcontractors or authorized volunteers or any other person or entity involved by, for, or with or on behalf of CONSULTANT in the performance of design professional services under this Agreement. The Parties understand and agree that the duty of CONSULTANT to indemnify, defend and hold harmless pursuant to this subsection includes the duty to defend as set forth in Section 2778 of the California Civil Code. CONSULTANT’s obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then CONSULTANT’s indemnification obligation shall be reduced in proportion to the established comparative liability.
4.9 WORK OF ALL OTHER PERSONS/NON-DESIGN PROFESSIONALS: Except as otherwise provided under Section 4.2 of this Article, above, to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature to the extent caused by CONSULTANT’s negligent performance under this Agreement, including but not limited to the negligent acts, errors or omissions of CONSULTANT or CONSULTANT’s officers, employees, agents, servants, contractors, subcontractors or subconsultants or the failure of the same to comply with any of the duties, obligations or standards of care set forth herein. The duty to indemnify, defend and hold harmless under this subsection shall not encompass a duty to indemnity, defend or hold harmless for liability, loss, suit, damage, expense, or cost caused by the negligence or willful misconduct of any or all of the CITY Indemnitees. The duty to indemnify, defend and hold harmless as set forth under this subsection is intended to encompass liabilities, losses, damages, expense and costs not otherwise subject to subsection 4.2, above.
4.10 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’s failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers’ compensation laws.
4.11 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, the obligations of CONSULTANT under this Article will not be limited by the provisions 208
12 of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents and authorized volunteers.
4.12 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents and authorized volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.13 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
4.14 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, the duties to indemnify, defend and hold harmless as set forth under this Section, shall survive the early termination or normal expiration of this Agreement and shall be in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.
CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.
CONSULTANT will be required to provide such Documents and Data within fifteen 209
13 (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.
Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar 210
14 days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within fortyfive (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
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15 F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this 212
16 Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT: CITY:
INSERT CONSULTANT NAME
INSERT ADDRESS
Attn: INSERT PERSON OF CONTACT
NAME
Phone: INSERT PHONE NUMBER
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: INSERT DEPARTMENT
Phone: (760) 246-2300
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, 213
17 forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.
6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
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18 6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20 FORCE MAJEURE: The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to 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 three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and 215
19 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 City Representative such delay is justified. The City Representative’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.
6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
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20 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF ADELANTO:
By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
APPROVED AS TO FORM:
By:____________________________
Marc Tran, City Attorney
CONSULTANT NAME:
By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
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21 EXHIBIT “A”
CITY RFP
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22 EXHIBIT “B”
CONSULTANT PROPOSAL
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3060 Saturn Street, Suite 250
Brea, CA 92821
Phone: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com
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Method of Compensation for Design, Construction Management and Project Administration of City’s Capital Improvement Projects Design of Capital improvement Projects: Percentage of the Total Construction Cost Capital improvement design fees will be based on the estimated cost of construction. Once the project is defined, the engineering team will estimate the construction cost and, in accordance with the chart below, set the design fee. After finalization of design and upon receiving formal bids for the construction of the project, the City will use the average of the three lowest bids to establish the construction fee for the purpose of calculating the design fee. Prior to start of the construction of the project the previously established design fee shall be adjusted to reflect the actual/new design fee amount.
Construction costs will be the average of three (3) lowest bids for the project. If there are only two (2) bids, the average of two (2) bids will be used for construction cost.
Construction Cost Design Fee
Less than $499,999 9.5% of construction cost
$500,000 - $999,999 9% of construction cost
$1,000,000 - $4,999,999 8% of construction cost
Over $5,000,000 7% of construction cost
NOTE: In addition to the above fees, the funding management fee will be 2% for local funds and 2.5% for state and federally funded projects. If the design project requires land surveying, and/or geotechnical work the fee will be based on subconsultant’s fees plus 15%.
Construction Management and Inspection: Percentage of Total Construction Cost Upon on receiving the bids for the construction of a capital improvement project, the engineering team will prepare the fee for construction management and inspection services in accordance with the following chart. The fee will be calculated based on average cost of the three (3) lowest bids and, if there are only two (2) bids, an average of two bids will be used.
Construction Cost Design Fee
Less than $499,999 CM services 3.5% + inspection services 4.5% for a total fee of 8% of the construction cost
$500,000 - $999,999 the CM services 3.5% + inspection services of 4% for a total fee of 7.5% of the construction cost
$1,000,000+ the CM Services fee of 3.5% + inspection services of 3% for a total fee of 6.5% of the construction
cost
NOTE: Labor compliance, material testing, land surveying, and geotechnical work will be charged on an as-needed basis and based on subconsultant’s fees plus 15%. 240
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Project Administration: Percentage of Total Construction Cost Project administration includes activities from the capital projects’ inception to their conclusion. The Project Administrator oversees taking the project from design to approval of the funding agencies all the way to bid process. Administrator of the project does the bid analysis and completes the staff reports.
The administrator also processes the construction contract documents and stays involved through the construction process. Infrastructure Engineers’ fees for project administration will be 4% of the construction cost.
NPDES: Hourly Rates
All NPDES services will be provide on as-needed bases at the following rates:
Position Billing Rate
Program Manager $185/hour
Senior Engineer $167/hour
Engineering Associate $135/ hour
NPDES Inspector $110/hour
Building and Safety and Civil Engineering Plan Checks: 69% of the building plan check fees, based on San Bernardino County’s latest fee schedule. If the City uses its "City Fees" for public works projects, then civil engineering fees will be charged at 90% of those City fees.
Plan check fees include first, second and third plan checks. Fourth and all subsequent plan checks will be at the plan checkers’ hourly rate listed here. The rates listed here are Infrastructure Engineers’ discounted rates for the City of Adelanto only, due to our proposed long-term relationship with the City. Expedited plan checks will be provided at 90% of the plan check fees. 241
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Staff Augmentation Services:
All hourly rates proposed for staffing the City of Adelanto are discounted rate. These discounted rates are for establishing a proposed long-term engagement.
City Engineering Services:
Position Billing Rate
City Engineer (PE) $150/hour
Associate Engineer $125/hour
Clerical $54/ hour
Building and Safety Services:
Position Billing Rate
Building Official $155/hour
Inspector $100/hour
Plan Checker $130/hour
Permit Technician II $80/hour
Permit Technician I $74/hour
Planning Support Services:
Position Billing Rate
Planning Manager $174/hour
Senior Planner (2) $150/hour
Associate Planner (1) $125/hour
Counter Technician (2) $74/hour
Other Services:
Other fees will be based on Infrastructure Engineers “2022-2023 Hourly Rate Schedule” attached to this proposal
NOTE: Hourly rates are subject to increases at the annual Consumer Price Index for All Urban Consumers (CPI-U), San Bernardino area increase rates or a 5% increase, whichever is greater, effective July 1, 2023, and all subsequent years. By approving the contract, the City consents to this fee escalation and no other action will be required.
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$220
$197
$178
$169
$169
$161
$178
$155
$178
$149
$142
$118
$106
Community Development—
Environmental & Planning
Director $195
Development ServicesManager $189
ProjectManager $173
Planning Manager $167
Principal Planner $163
Senior Planner $153
Associate Planner $139
Assistant Planner $129
Planning Technician $98
CEQA/NEPA Specialist $175
Environmental Specialist $170
Senior Environmental Planner $165
Environmental Planner II $155
Environmental Planner I $144
Environmental Technician $ 100
Municipal Engineering Support
InterimCityManager
Assistant/DeputyCity Manager
City Engineer
City Traffic Engineer
Deputy City Engineer
Deputy City Traffic Engineer
Plan Check Engineer
Plan Examiner
CIPManager
Associate Engineer
Engineering Associate
Engineering Assistant
Engineering Technician
Building & Safety
BuildingOfficial
Plan Check Engineer
LandscapePlan Checker
Senior Certified Access Specialist
Certified Access Specialist
Plans Examiner
Code Enforcement Manager
Code Enforcement Officer
Senior Building Inspector
Building Inspector
Grading Inspector
Counter Technician
$175
$165
$162
$165
$155
$145
$145
$127
$127
$120
$120
$105
2022-2023 HOURLY RATE SCHEDULE
(effective March 1, 2022)
Additional billing classifications may be added to the above list throughout the year as new positions are created. The above schedule is for straight time. Overtime will be charged at 1.5 times. Sundays and Holidays are charged at 2.0 times the standard time. Deposition and court appearances will be charged at 1.5 times the listed billing rates. 3060 Saturn Street, Suite 250 ⚫ Brea, CA 92821 ⚫ Tel: (714) 940-0100 ⚫ Fax: (714) 940-0700 ⚫ www.infrastructure-engineers.com Principal in Charge $238
Civil Engineering/Traffic Engineering
ProjectManager
Principal Engineer
Senior Engineer
Senior Plan Check Engineer
Plan Check Engineer
Associate Engineer
Assistant Engineer
Engineering Associate
Engineering Assistant
GIS Analyst
CAD Manager
CAD Designer
CAD Technician
Engineering Technician
Principal Traffic Engineer
Senior Traffic Engineer
Traffic Engineer
Water/Wastewater/NPDES
Senior Water Engineer
Water Engineer
Program Manager (NPDES)
Inspector (NPDES)
Environmental Scientist
Surveying
ProjectManager
Plan Checker
(Subdivision & Survey Document)
Survey Analyst
Survey Crew (2-man)
Survey Crew
(2-man, prevailing wages)
Construction Management
Construction Manager
Resident Engineer
Scheduler/Controller
Utilities Coordinator
Senior PW Observer/Inspector
Senior PW Observer/Inspector
(prevailing wages)
PW Observer/Inspector
PW Observer/Inspector
(prevailing wages)
$185
$180
$170
$175
$165
$155
$145
$135
$115
$150
$135
$110
$100
$105
$185
$170
$150
$167
$158
$168
$110
$105
$185
$162
$150
$236
$278
$188
$188
$163
$138
$130
$191
$113
$159
$165
$154
$143
$138
$120
$93
Fire Prevention
FireMarshal
Fire Investigator
Fire Plans Examiner
Senior Fire Inspector
Fire Inspector
Counter Technician
Architectural Services
Director $200
StudioManager $184
Senior ProjectManager/ $176
Senior Architect
Project Manager/Project Architect $155
Senior Job Captain $126
Job Captain $105
Drafter $90
Program Management/Public Outreach
$108
$90
$80
$110
Program Director $184
Web Designer $150
Media Specialist $145
Program Coordinator $135
Photographer $128
Outreach Specialist $125
Interpreter/Translator $125
Production Assistant $85
Fund Administrator $138
Labor ComplianceCoordinator $105
Administrative & Clerical Services
Organizer/Supervisor
Administrative Assistant
Clerk Typist
Other Charges
Delivery
Mileage (Current federal guideline
rate @ time of billing)/Mile
Travel
Reimbursements
Cost + 15%
Cost + 15%
City of Adelanto
243
CITY COUNCIL AGENDA REPORT
DATE: July 13, 2022
TO: Honorable Mayor and City Council Member
FROM: Jessie Flores, City Manager
BY: Angel Castellanos, Director of Finance
SUBJECT: RECOMMEND AWARD OF CONTRACT FOR CITY BUILDING AND SAFETY SERVICES STAFF RECOMMENDATION:
Staff recommends City Council award the City Building and Safety Services contract to Infrastructure Engineers (IE) in the amount of $750,000.
BACKGROUND:
The City of Adelanto has experienced successful industrial, commercial and residential growth. The City anticipates robust growth in the coming years. For this reason, the City seeks the services of a professional and experienced consulting firm to provided City Building and Safety services. The consultant will support the City with the day to day activities including plan check, building administration, code enforcement, and counter technician services. The consultant team may include a building official, plan checker, inspector, permit technician on an as needed basis.
Staff solicited proposals from consultants through a formal RFP process. The City received four proposals evaluated by an external third-party panel. Based on the outstanding qualifications presented, staff recommends award of contracts to Infrastructure Engineers (IE). The firm has more than 120 employees throughout Southern California, including offices in San Bernardino County. IE presented exceptional qualifications and was the highest ranking firm presenting a high quality team of experts with the necessary experience for the City.
FISCAL IMPACT:
Funds are available in the City’s existing budget.
ATTACHMENTS:
A. Contract (draft)
B. Proposal by Infrastructure Engineers (IE)
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1 2022
PROFESSIONAL SERVICES AGREEMENT
(Engagement: INSERT ENGAGEMENT)
(Parties: INSERT CONSULTANT NAME and City of Adelanto)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of __________________ 2022 (hereinafter, the “Effective Date”) by and between the CITY OF ADELANTO, a municipal corporation (hereinafter, “CITY”) and INSERT CONSULTANT NAME, (hereinafter, “CONSULTANT”).
For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires professional consulting services INSERT THE KIND OF SERVICES REQUIRED; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Adelanto City Council at its Regular Meeting of ___, 2022.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 TERM: This Agreement shall have a term commencing from the Effective Date through , 2022 (hereinafter, the “Term”). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below. IF WANT TO EXTEND TERM: The Agreement may be extended by the CITY subject to its same terms and conditions for a maximum of [insert No. of extensions] additional one-year extension terms, provided the CITY issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term.
1.2 SCOPE OF WORK:
A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “INSERT TITLE OF REQUEST FOR PROPOSALS”, (hereinafter, “CITY RFP”) and the written proposal of 245
2 CONSULTANT entitled “INSERT TITLE OF PROPOSAL” (hereinafter, the “CONSULTANT Proposal”) dated INSERT DATE OF PROPOSAL. The CITY RFP and the CONSULTANT Proposal are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT Proposal. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT Proposal, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
B. IF NO RFP ISSUED: Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain proposal of CONSULTANT entitled “INSERT TITLE OF PROPOSAL” dated INSERT DATE OF PROPOSAL (hereinafter, the “Scope of Work”) which is attached and incorporated hereto as Exhibit “A”.
CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Work. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Work shall hereinafter be referred to generally by the capitalized term “Work.”
1.3 PROSECUTION OF WORK:
A. CONSULTANT shall perform the Work continuously and with due diligence so as to complete the Work by the completion date indicated in each Work Order. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents;
B. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; C. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and
D. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with “INSERT TITLE OF COMPENSATION DOCUMENT (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s 246
3 total compensation for the performance of all Work contemplated under this Agreement, will not exceed the annual budgeted sum of INSERT WRITTEN AMOUNT ($ INSERT NUMBER) (hereinafter, the “Annual Not-to-Exceed Sum”) during the Term of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Annual Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.5 PAYMENT OF COMPENSATION: The Annual Not-to-Exceed Sum will be paid to CONSULTANT in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONSULTANT will submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT’s monthly compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.
Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.
II.
247
4 PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE: The CITY hereby designates INSERT CITY REPRESENTATIVE (hereinafter, the “CITY Representative”) to act as its representative for the performance of this Agreement. The CITY Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the CITY Representative or their designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates INSERT CONSULTANT REPRESENTATIVE, to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”).
Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the CITY Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by CITY Representative or their designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:
A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession.
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative.
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.) CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, 248
5 CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the CITY Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
249
6 2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.
2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.
2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the CITY Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.
2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal 250
7 Department of Housing and Urbanization.
2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.
CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.
CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor 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 to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.
C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with 251
8 the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial well-being and, indirectly, the collective well-being of the residents of the CITY.
Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the 252
9 coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.
3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
IV.
INDEMNIFICATION
4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “CITY Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein.
Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss 253
10 or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the CITY Indemnitees under this Article or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
4.8 [ONLY USE IF FOR DESIGN PROFESSIONALS] WORK OF CONSULTANT’S DESIGN PROFESSIONALS SERVICES: The duty to indemnify, defend and hold harmless as set forth under this subsection shall apply to the negligence, recklessness or willful misconduct of any individual who qualifies as a “design professional” within the meaning of subsection (c)(2) of Section 2782.8 of the 254
11 California Civil Code in so far as such negligence, recklessness or willful misconduct occurs in the performance, work or activities that must be performed by a “design professional.” Subject to the limitation of the preceding sentence, to the fullest extent permitted by law, CONSULTANT shall immediately defend and indemnify and hold harmless the CITY Indemnities, defined above, from and against any and all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT’s officers, employees, servants, agents, contractors, subcontractors or authorized volunteers or any other person or entity involved by, for, or with or on behalf of CONSULTANT in the performance of design professional services under this Agreement. The Parties understand and agree that the duty of CONSULTANT to indemnify, defend and hold harmless pursuant to this subsection includes the duty to defend as set forth in Section 2778 of the California Civil Code. CONSULTANT’s obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then CONSULTANT’s indemnification obligation shall be reduced in proportion to the established comparative liability.
4.9 WORK OF ALL OTHER PERSONS/NON-DESIGN PROFESSIONALS: Except as otherwise provided under Section 4.2 of this Article, above, to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature to the extent caused by CONSULTANT’s negligent performance under this Agreement, including but not limited to the negligent acts, errors or omissions of CONSULTANT or CONSULTANT’s officers, employees, agents, servants, contractors, subcontractors or subconsultants or the failure of the same to comply with any of the duties, obligations or standards of care set forth herein. The duty to indemnify, defend and hold harmless under this subsection shall not encompass a duty to indemnity, defend or hold harmless for liability, loss, suit, damage, expense, or cost caused by the negligence or willful misconduct of any or all of the CITY Indemnitees. The duty to indemnify, defend and hold harmless as set forth under this subsection is intended to encompass liabilities, losses, damages, expense and costs not otherwise subject to subsection 4.2, above.
4.10 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’s failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers’ compensation laws.
4.11 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, the obligations of CONSULTANT under this Article will not be limited by the provisions 255
12 of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents and authorized volunteers.
4.12 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents and authorized volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.13 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
4.14 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, the duties to indemnify, defend and hold harmless as set forth under this Section, shall survive the early termination or normal expiration of this Agreement and shall be in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.
CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.
CONSULTANT will be required to provide such Documents and Data within fifteen 256
13 (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.
Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar 257
14 days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within fortyfive (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
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15 F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this 259
16 Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT: CITY:
INSERT CONSULTANT NAME
INSERT ADDRESS
Attn: INSERT PERSON OF CONTACT
NAME
Phone: INSERT PHONE NUMBER
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: INSERT DEPARTMENT
Phone: (760) 246-2300
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, 260
17 forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.
6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
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18 6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20 FORCE MAJEURE: The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to 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 three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and 262
19 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 City Representative such delay is justified. The City Representative’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.
6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
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20 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF ADELANTO:
By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
APPROVED AS TO FORM:
By:____________________________
Marc Tran, City Attorney
CONSULTANT NAME:
By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
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21 EXHIBIT “A”
CITY RFP
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22 EXHIBIT “B”
CONSULTANT PROPOSAL
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3060 Saturn Street, Suite 250
Brea, CA 92821
Phone: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com
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Method of Compensation for Design, Construction Management and Project Administration of City’s Capital Improvement Projects Design of Capital improvement Projects: Percentage of the Total Construction Cost Capital improvement design fees will be based on the estimated cost of construction. Once the project is defined, the engineering team will estimate the construction cost and, in accordance with the chart below, set the design fee. After finalization of design and upon receiving formal bids for the construction of the project, the City will use the average of the three lowest bids to establish the construction fee for the purpose of calculating the design fee. Prior to start of the construction of the project the previously established design fee shall be adjusted to reflect the actual/new design fee amount.
Construction costs will be the average of three (3) lowest bids for the project. If there are only two (2) bids, the average of two (2) bids will be used for construction cost.
Construction Cost Design Fee
Less than $499,999 9.5% of construction cost
$500,000 - $999,999 9% of construction cost
$1,000,000 - $4,999,999 8% of construction cost
Over $5,000,000 7% of construction cost
NOTE: In addition to the above fees, the funding management fee will be 2% for local funds and 2.5% for state and federally funded projects. If the design project requires land surveying, and/or geotechnical work the fee will be based on subconsultant’s fees plus 15%.
Construction Management and Inspection: Percentage of Total Construction Cost Upon on receiving the bids for the construction of a capital improvement project, the engineering team will prepare the fee for construction management and inspection services in accordance with the following chart. The fee will be calculated based on average cost of the three (3) lowest bids and, if there are only two (2) bids, an average of two bids will be used.
Construction Cost Design Fee
Less than $499,999 CM services 3.5% + inspection services 4.5% for a total fee of 8% of the construction cost
$500,000 - $999,999 the CM services 3.5% + inspection services of 4% for a total fee of 7.5% of the construction cost
$1,000,000+ the CM Services fee of 3.5% + inspection services of 3% for a total fee of 6.5% of the construction
cost
NOTE: Labor compliance, material testing, land surveying, and geotechnical work will be charged on an as-needed basis and based on subconsultant’s fees plus 15%. 289
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Project Administration: Percentage of Total Construction Cost Project administration includes activities from the capital projects’ inception to their conclusion. The Project Administrator oversees taking the project from design to approval of the funding agencies all the way to bid process. Administrator of the project does the bid analysis and completes the staff reports.
The administrator also processes the construction contract documents and stays involved through the construction process. Infrastructure Engineers’ fees for project administration will be 4% of the construction cost.
NPDES: Hourly Rates
All NPDES services will be provide on as-needed bases at the following rates:
Position Billing Rate
Program Manager $185/hour
Senior Engineer $167/hour
Engineering Associate $135/ hour
NPDES Inspector $110/hour
Building and Safety and Civil Engineering Plan Checks: 69% of the building plan check fees, based on San Bernardino County’s latest fee schedule. If the City uses its "City Fees" for public works projects, then civil engineering fees will be charged at 90% of those City fees.
Plan check fees include first, second and third plan checks. Fourth and all subsequent plan checks will be at the plan checkers’ hourly rate listed here. The rates listed here are Infrastructure Engineers’ discounted rates for the City of Adelanto only, due to our proposed long-term relationship with the City. Expedited plan checks will be provided at 90% of the plan check fees. 290
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Staff Augmentation Services:
All hourly rates proposed for staffing the City of Adelanto are discounted rate. These discounted rates are for establishing a proposed long-term engagement.
City Engineering Services:
Position Billing Rate
City Engineer (PE) $150/hour
Associate Engineer $125/hour
Clerical $54/ hour
Building and Safety Services:
Position Billing Rate
Building Official $155/hour
Inspector $100/hour
Plan Checker $130/hour
Permit Technician II $80/hour
Permit Technician I $74/hour
Planning Support Services:
Position Billing Rate
Planning Manager $174/hour
Senior Planner (2) $150/hour
Associate Planner (1) $125/hour
Counter Technician (2) $74/hour
Other Services:
Other fees will be based on Infrastructure Engineers “2022-2023 Hourly Rate Schedule” attached to this proposal
NOTE: Hourly rates are subject to increases at the annual Consumer Price Index for All Urban Consumers (CPI-U), San Bernardino area increase rates or a 5% increase, whichever is greater, effective July 1, 2023, and all subsequent years. By approving the contract, the City consents to this fee escalation and no other action will be required.
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$220
$197
$178
$169
$169
$161
$178
$155
$178
$149
$142
$118
$106
Community Development—
Environmental & Planning
Director $195
Development ServicesManager $189
ProjectManager $173
Planning Manager $167
Principal Planner $163
Senior Planner $153
Associate Planner $139
Assistant Planner $129
Planning Technician $98
CEQA/NEPA Specialist $175
Environmental Specialist $170
Senior Environmental Planner $165
Environmental Planner II $155
Environmental Planner I $144
Environmental Technician $ 100
Municipal Engineering Support
InterimCityManager
Assistant/DeputyCity Manager
City Engineer
City Traffic Engineer
Deputy City Engineer
Deputy City Traffic Engineer
Plan Check Engineer
Plan Examiner
CIPManager
Associate Engineer
Engineering Associate
Engineering Assistant
Engineering Technician
Building & Safety
BuildingOfficial
Plan Check Engineer
LandscapePlan Checker
Senior Certified Access Specialist
Certified Access Specialist
Plans Examiner
Code Enforcement Manager
Code Enforcement Officer
Senior Building Inspector
Building Inspector
Grading Inspector
Counter Technician
$175
$165
$162
$165
$155
$145
$145
$127
$127
$120
$120
$105
2022-2023 HOURLY RATE SCHEDULE
(effective March 1, 2022)
Additional billing classifications may be added to the above list throughout the year as new positions are created. The above schedule is for straight time. Overtime will be charged at 1.5 times. Sundays and Holidays are charged at 2.0 times the standard time. Deposition and court appearances will be charged at 1.5 times the listed billing rates. 3060 Saturn Street, Suite 250 ⚫ Brea, CA 92821 ⚫ Tel: (714) 940-0100 ⚫ Fax: (714) 940-0700 ⚫ www.infrastructure-engineers.com Principal in Charge $238
Civil Engineering/Traffic Engineering
ProjectManager
Principal Engineer
Senior Engineer
Senior Plan Check Engineer
Plan Check Engineer
Associate Engineer
Assistant Engineer
Engineering Associate
Engineering Assistant
GIS Analyst
CAD Manager
CAD Designer
CAD Technician
Engineering Technician
Principal Traffic Engineer
Senior Traffic Engineer
Traffic Engineer
Water/Wastewater/NPDES
Senior Water Engineer
Water Engineer
Program Manager (NPDES)
Inspector (NPDES)
Environmental Scientist
Surveying
ProjectManager
Plan Checker
(Subdivision & Survey Document)
Survey Analyst
Survey Crew (2-man)
Survey Crew
(2-man, prevailing wages)
Construction Management
Construction Manager
Resident Engineer
Scheduler/Controller
Utilities Coordinator
Senior PW Observer/Inspector
Senior PW Observer/Inspector
(prevailing wages)
PW Observer/Inspector
PW Observer/Inspector
(prevailing wages)
$185
$180
$170
$175
$165
$155
$145
$135
$115
$150
$135
$110
$100
$105
$185
$170
$150
$167
$158
$168
$110
$105
$185
$162
$150
$236
$278
$188
$188
$163
$138
$130
$191
$113
$159
$165
$154
$143
$138
$120
$93
Fire Prevention
FireMarshal
Fire Investigator
Fire Plans Examiner
Senior Fire Inspector
Fire Inspector
Counter Technician
Architectural Services
Director $200
StudioManager $184
Senior ProjectManager/ $176
Senior Architect
Project Manager/Project Architect $155
Senior Job Captain $126
Job Captain $105
Drafter $90
Program Management/Public Outreach
$108
$90
$80
$110
Program Director $184
Web Designer $150
Media Specialist $145
Program Coordinator $135
Photographer $128
Outreach Specialist $125
Interpreter/Translator $125
Production Assistant $85
Fund Administrator $138
Labor ComplianceCoordinator $105
Administrative & Clerical Services
Organizer/Supervisor
Administrative Assistant
Clerk Typist
Other Charges
Delivery
Mileage (Current federal guideline
rate @ time of billing)/Mile
Travel
Reimbursements
Cost + 15%
Cost + 15%
City of Adelanto
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CITY COUNCIL AGENDA REPORT
DATE: July 13, 2022
TO: Honorable Mayor and City Council Member
FROM: Jessie Flores, City Manager
BY: Angel Castellanos, Director of Finance
SUBJECT: RECOMMEND AWARD OF CONTRACT AS NEEDED ENGINEERING SUPPORT
SERVICES
STAFF RECOMMENDATION:
Staff recommends City Council award the As-Needed Engineering Support Services contract to T.R.
Holliman and Associates, Inc. in the amount of $250,000, and Infrastructure Engineers (IE) in the amount of $250,000.
BACKGROUND:
The City of Adelanto has experienced successful industrial, commercial and residential growth. The City anticipates robust growth in the coming years. The City continues planning appropriate funding alternatives that include bond financing, Federal Grants, State Loans, and State Grants to support future infrastructure needs. For this reason, the City seeks the services of a professional and experienced engineering and consulting firm to provided professional engineering support services in a financially sustainable and responsible manner. The consultant will support the City with the day to day activities including but not limited to planning, design, and project management of street improvements, sidewalks, signage, striping, sewer and water systems, drainage systems, and other public works projects.
Staff solicited proposals from consultants through a formal RFP process. The City received three proposals evaluated by an external third-party panel. Based on the outstanding qualifications presented, staff recommends award of contracts to T.R. Holliman and Associates, Inc. and to Infrastructure Engineers. Both firms demonstrated a depth of strengths and experience necessary to provide as needed services on a task order basis to support the growth and development demands of the City.
Specifically, T.R. Holliman and Associates, Inc. demonstrated a depth of experience in water and sewer water systems, as well as public sector experience managing public works projects. Additionally, Infrastructure Engineers demonstrated strengths in managing street improvements and public works projects.
FISCAL IMPACT:
Funds are available in the City’s existing budget.
ATTACHMENTS:
A. Contract (draft)
B. Proposal by T.R. Holliman and Associates, Inc.
C. Proposal by Infrastructure Engineers (IE)
293
1 2022
PROFESSIONAL SERVICES AGREEMENT
(Engagement: INSERT ENGAGEMENT)
(Parties: INSERT CONSULTANT NAME and City of Adelanto)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of __________________ 2022 (hereinafter, the “Effective Date”) by and between the CITY OF ADELANTO, a municipal corporation (hereinafter, “CITY”) and INSERT CONSULTANT NAME, (hereinafter, “CONSULTANT”).
For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires professional consulting services INSERT THE KIND OF SERVICES REQUIRED; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Adelanto City Council at its Regular Meeting of ___, 2022.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 TERM: This Agreement shall have a term commencing from the Effective Date through , 2022 (hereinafter, the “Term”). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below. IF WANT TO EXTEND TERM: The Agreement may be extended by the CITY subject to its same terms and conditions for a maximum of [insert No. of extensions] additional one-year extension terms, provided the CITY issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term.
1.2 SCOPE OF WORK:
A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “INSERT TITLE OF REQUEST FOR PROPOSALS”, (hereinafter, “CITY RFP”) and the written proposal of 294
2 CONSULTANT entitled “INSERT TITLE OF PROPOSAL” (hereinafter, the “CONSULTANT Proposal”) dated INSERT DATE OF PROPOSAL. The CITY RFP and the CONSULTANT Proposal are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT Proposal. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT Proposal, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
B. IF NO RFP ISSUED: Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain proposal of CONSULTANT entitled “INSERT TITLE OF PROPOSAL” dated INSERT DATE OF PROPOSAL (hereinafter, the “Scope of Work”) which is attached and incorporated hereto as Exhibit “A”.
CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Work. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Work shall hereinafter be referred to generally by the capitalized term “Work.”
1.3 PROSECUTION OF WORK:
A. CONSULTANT shall perform the Work continuously and with due diligence so as to complete the Work by the completion date indicated in each Work Order. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents;
B. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; C. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and
D. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with “INSERT TITLE OF COMPENSATION DOCUMENT (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s 295
3 total compensation for the performance of all Work contemplated under this Agreement, will not exceed the annual budgeted sum of INSERT WRITTEN AMOUNT ($ INSERT NUMBER) (hereinafter, the “Annual Not-to-Exceed Sum”) during the Term of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Annual Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.5 PAYMENT OF COMPENSATION: The Annual Not-to-Exceed Sum will be paid to CONSULTANT in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONSULTANT will submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT’s monthly compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.
Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.
II.
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4 PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE: The CITY hereby designates INSERT CITY REPRESENTATIVE (hereinafter, the “CITY Representative”) to act as its representative for the performance of this Agreement. The CITY Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the CITY Representative or their designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates INSERT CONSULTANT REPRESENTATIVE, to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”).
Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the CITY Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by CITY Representative or their designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:
A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession.
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative.
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.) CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, 297
5 CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the CITY Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
298
6 2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.
2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.
2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the CITY Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.
2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal 299
7 Department of Housing and Urbanization.
2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.
CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.
CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor 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 to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.
C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with 300
8 the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial well-being and, indirectly, the collective well-being of the residents of the CITY.
Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the 301
9 coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.
3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
IV.
INDEMNIFICATION
4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “CITY Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein.
Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss 302
10 or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the CITY Indemnitees under this Article or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
4.8 [ONLY USE IF FOR DESIGN PROFESSIONALS] WORK OF CONSULTANT’S DESIGN PROFESSIONALS SERVICES: The duty to indemnify, defend and hold harmless as set forth under this subsection shall apply to the negligence, recklessness or willful misconduct of any individual who qualifies as a “design professional” within the meaning of subsection (c)(2) of Section 2782.8 of the 303
11 California Civil Code in so far as such negligence, recklessness or willful misconduct occurs in the performance, work or activities that must be performed by a “design professional.” Subject to the limitation of the preceding sentence, to the fullest extent permitted by law, CONSULTANT shall immediately defend and indemnify and hold harmless the CITY Indemnities, defined above, from and against any and all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT’s officers, employees, servants, agents, contractors, subcontractors or authorized volunteers or any other person or entity involved by, for, or with or on behalf of CONSULTANT in the performance of design professional services under this Agreement. The Parties understand and agree that the duty of CONSULTANT to indemnify, defend and hold harmless pursuant to this subsection includes the duty to defend as set forth in Section 2778 of the California Civil Code. CONSULTANT’s obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then CONSULTANT’s indemnification obligation shall be reduced in proportion to the established comparative liability.
4.9 WORK OF ALL OTHER PERSONS/NON-DESIGN PROFESSIONALS: Except as otherwise provided under Section 4.2 of this Article, above, to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature to the extent caused by CONSULTANT’s negligent performance under this Agreement, including but not limited to the negligent acts, errors or omissions of CONSULTANT or CONSULTANT’s officers, employees, agents, servants, contractors, subcontractors or subconsultants or the failure of the same to comply with any of the duties, obligations or standards of care set forth herein. The duty to indemnify, defend and hold harmless under this subsection shall not encompass a duty to indemnity, defend or hold harmless for liability, loss, suit, damage, expense, or cost caused by the negligence or willful misconduct of any or all of the CITY Indemnitees. The duty to indemnify, defend and hold harmless as set forth under this subsection is intended to encompass liabilities, losses, damages, expense and costs not otherwise subject to subsection 4.2, above.
4.10 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’s failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers’ compensation laws.
4.11 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, the obligations of CONSULTANT under this Article will not be limited by the provisions 304
12 of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents and authorized volunteers.
4.12 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents and authorized volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.13 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
4.14 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, the duties to indemnify, defend and hold harmless as set forth under this Section, shall survive the early termination or normal expiration of this Agreement and shall be in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.
CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.
CONSULTANT will be required to provide such Documents and Data within fifteen 305
13 (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.
Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar 306
14 days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within fortyfive (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
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15 F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this 308
16 Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT: CITY:
INSERT CONSULTANT NAME
INSERT ADDRESS
Attn: INSERT PERSON OF CONTACT
NAME
Phone: INSERT PHONE NUMBER
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: INSERT DEPARTMENT
Phone: (760) 246-2300
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, 309
17 forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.
6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
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18 6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20 FORCE MAJEURE: The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to 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 three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and 311
19 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 City Representative such delay is justified. The City Representative’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.
6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
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20 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF ADELANTO:
By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
APPROVED AS TO FORM:
By:____________________________
Marc Tran, City Attorney
CONSULTANT NAME:
By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
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21 EXHIBIT “A”
CITY RFP
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22 EXHIBIT “B”
CONSULTANT PROPOSAL
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3060 Saturn Street, Suite 250
Brea, CA 92821
Phone: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com
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Method of Compensation for Design, Construction Management and Project Administration of City’s Capital Improvement Projects Design of Capital improvement Projects: Percentage of the Total Construction Cost Capital improvement design fees will be based on the estimated cost of construction. Once the project is defined, the engineering team will estimate the construction cost and, in accordance with the chart below, set the design fee. After finalization of design and upon receiving formal bids for the construction of the project, the City will use the average of the three lowest bids to establish the construction fee for the purpose of calculating the design fee. Prior to start of the construction of the project the previously established design fee shall be adjusted to reflect the actual/new design fee amount.
Construction costs will be the average of three (3) lowest bids for the project. If there are only two (2) bids, the average of two (2) bids will be used for construction cost.
Construction Cost Design Fee
Less than $499,999 9.5% of construction cost
$500,000 - $999,999 9% of construction cost
$1,000,000 - $4,999,999 8% of construction cost
Over $5,000,000 7% of construction cost
NOTE: In addition to the above fees, the funding management fee will be 2% for local funds and 2.5% for state and federally funded projects. If the design project requires land surveying, and/or geotechnical work the fee will be based on subconsultant’s fees plus 15%.
Construction Management and Inspection: Percentage of Total Construction Cost Upon on receiving the bids for the construction of a capital improvement project, the engineering team will prepare the fee for construction management and inspection services in accordance with the following chart. The fee will be calculated based on average cost of the three (3) lowest bids and, if there are only two (2) bids, an average of two bids will be used.
Construction Cost Design Fee
Less than $499,999 CM services 3.5% + inspection services 4.5% for a total fee of 8% of the construction cost
$500,000 - $999,999 the CM services 3.5% + inspection services of 4% for a total fee of 7.5% of the construction cost
$1,000,000+ the CM Services fee of 3.5% + inspection services of 3% for a total fee of 6.5% of the construction
cost
NOTE: Labor compliance, material testing, land surveying, and geotechnical work will be charged on an as-needed basis and based on subconsultant’s fees plus 15%. 369
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Project Administration: Percentage of Total Construction Cost Project administration includes activities from the capital projects’ inception to their conclusion. The Project Administrator oversees taking the project from design to approval of the funding agencies all the way to bid process. Administrator of the project does the bid analysis and completes the staff reports.
The administrator also processes the construction contract documents and stays involved through the construction process. Infrastructure Engineers’ fees for project administration will be 4% of the construction cost.
NPDES: Hourly Rates
All NPDES services will be provide on as-needed bases at the following rates:
Position Billing Rate
Program Manager $185/hour
Senior Engineer $167/hour
Engineering Associate $135/ hour
NPDES Inspector $110/hour
Building and Safety and Civil Engineering Plan Checks: 69% of the building plan check fees, based on San Bernardino County’s latest fee schedule. If the City uses its "City Fees" for public works projects, then civil engineering fees will be charged at 90% of those City fees.
Plan check fees include first, second and third plan checks. Fourth and all subsequent plan checks will be at the plan checkers’ hourly rate listed here. The rates listed here are Infrastructure Engineers’ discounted rates for the City of Adelanto only, due to our proposed long-term relationship with the City. Expedited plan checks will be provided at 90% of the plan check fees. 370
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Staff Augmentation Services:
All hourly rates proposed for staffing the City of Adelanto are discounted rate. These discounted rates are for establishing a proposed long-term engagement.
City Engineering Services:
Position Billing Rate
City Engineer (PE) $150/hour
Associate Engineer $125/hour
Clerical $54/ hour
Building and Safety Services:
Position Billing Rate
Building Official $155/hour
Inspector $100/hour
Plan Checker $130/hour
Permit Technician II $80/hour
Permit Technician I $74/hour
Planning Support Services:
Position Billing Rate
Planning Manager $174/hour
Senior Planner (2) $150/hour
Associate Planner (1) $125/hour
Counter Technician (2) $74/hour
Other Services:
Other fees will be based on Infrastructure Engineers “2022-2023 Hourly Rate Schedule” attached to this proposal
NOTE: Hourly rates are subject to increases at the annual Consumer Price Index for All Urban Consumers (CPI-U), San Bernardino area increase rates or a 5% increase, whichever is greater, effective July 1, 2023, and all subsequent years. By approving the contract, the City consents to this fee escalation and no other action will be required.
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$220
$197
$178
$169
$169
$161
$178
$155
$178
$149
$142
$118
$106
Community Development—
Environmental & Planning
Director $195
Development ServicesManager $189
ProjectManager $173
Planning Manager $167
Principal Planner $163
Senior Planner $153
Associate Planner $139
Assistant Planner $129
Planning Technician $98
CEQA/NEPA Specialist $175
Environmental Specialist $170
Senior Environmental Planner $165
Environmental Planner II $155
Environmental Planner I $144
Environmental Technician $ 100
Municipal Engineering Support
InterimCityManager
Assistant/DeputyCity Manager
City Engineer
City Traffic Engineer
Deputy City Engineer
Deputy City Traffic Engineer
Plan Check Engineer
Plan Examiner
CIPManager
Associate Engineer
Engineering Associate
Engineering Assistant
Engineering Technician
Building & Safety
BuildingOfficial
Plan Check Engineer
LandscapePlan Checker
Senior Certified Access Specialist
Certified Access Specialist
Plans Examiner
Code Enforcement Manager
Code Enforcement Officer
Senior Building Inspector
Building Inspector
Grading Inspector
Counter Technician
$175
$165
$162
$165
$155
$145
$145
$127
$127
$120
$120
$105
2022-2023 HOURLY RATE SCHEDULE
(effective March 1, 2022)
Additional billing classifications may be added to the above list throughout the year as new positions are created. The above schedule is for straight time. Overtime will be charged at 1.5 times. Sundays and Holidays are charged at 2.0 times the standard time. Deposition and court appearances will be charged at 1.5 times the listed billing rates. 3060 Saturn Street, Suite 250 ⚫ Brea, CA 92821 ⚫ Tel: (714) 940-0100 ⚫ Fax: (714) 940-0700 ⚫ www.infrastructure-engineers.com Principal in Charge $238
Civil Engineering/Traffic Engineering
ProjectManager
Principal Engineer
Senior Engineer
Senior Plan Check Engineer
Plan Check Engineer
Associate Engineer
Assistant Engineer
Engineering Associate
Engineering Assistant
GIS Analyst
CAD Manager
CAD Designer
CAD Technician
Engineering Technician
Principal Traffic Engineer
Senior Traffic Engineer
Traffic Engineer
Water/Wastewater/NPDES
Senior Water Engineer
Water Engineer
Program Manager (NPDES)
Inspector (NPDES)
Environmental Scientist
Surveying
ProjectManager
Plan Checker
(Subdivision & Survey Document)
Survey Analyst
Survey Crew (2-man)
Survey Crew
(2-man, prevailing wages)
Construction Management
Construction Manager
Resident Engineer
Scheduler/Controller
Utilities Coordinator
Senior PW Observer/Inspector
Senior PW Observer/Inspector
(prevailing wages)
PW Observer/Inspector
PW Observer/Inspector
(prevailing wages)
$185
$180
$170
$175
$165
$155
$145
$135
$115
$150
$135
$110
$100
$105
$185
$170
$150
$167
$158
$168
$110
$105
$185
$162
$150
$236
$278
$188
$188
$163
$138
$130
$191
$113
$159
$165
$154
$143
$138
$120
$93
Fire Prevention
FireMarshal
Fire Investigator
Fire Plans Examiner
Senior Fire Inspector
Fire Inspector
Counter Technician
Architectural Services
Director $200
StudioManager $184
Senior ProjectManager/ $176
Senior Architect
Project Manager/Project Architect $155
Senior Job Captain $126
Job Captain $105
Drafter $90
Program Management/Public Outreach
$108
$90
$80
$110
Program Director $184
Web Designer $150
Media Specialist $145
Program Coordinator $135
Photographer $128
Outreach Specialist $125
Interpreter/Translator $125
Production Assistant $85
Fund Administrator $138
Labor ComplianceCoordinator $105
Administrative & Clerical Services
Organizer/Supervisor
Administrative Assistant
Clerk Typist
Other Charges
Delivery
Mileage (Current federal guideline
rate @ time of billing)/Mile
Travel
Reimbursements
Cost + 15%
Cost + 15%
City of Adelanto
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HOURLY RATES - Year 1 (2022 to 2023)
City of Adelanto
Proposal for City Engineering Support Services
June 6, 2022
T.R. Holliman and Associates, Inc.
Title Required Credentials Hourly Rate
Office Rate - City Engineer Professional Engineer $155.00 Office Rate - Associate Engineer Professional Engineer $115.00 Engineering Coordinator None $100.00
CAD Support None $90.00
Administrative Support None $60.00
Hernandez, Kroone & Associates
Title Required Credentials Hourly Rate
Principal Engineer II Professional Engineer $360.00
Principal Engineer I Professional Engineer $352.00
Project Manager Professional Engineer $296.00
Assistant Project Manager Professional Engineer $283.00 Civil Engineer Associate V Professional Engineer $209.00 Civil Engineer Associate IV Professional Engineer $204.00 Civil Engineer Associate III Professional Engineer $199.00 Civil Engineer Associate II Professional Engineer $194.00 Civil Engineer Associate I Professional Engineer $189.00 Civil Engineer Assistant V Professional Engineer $162.00 Civil Engineer Assistant IV Professional Engineer $152.00 Civil Engineer Assistant III Professional Engineer $142.00 Civil Engineer Assistant II Professional Engineer $132.00 Civil Engineer Assistant I EIT $121.00
Senior Land Surveyor Professional Land Surveyor $236.00 Land Surveyor Associate V Professional Land Surveyor $209.00 Land Surveyor Associate IV Professional Land Surveyor $204.00 Land Surveyor Associate III Professional Land Surveyor $199.00 Land Surveyor Associate II Professional Land Surveyor $194.00 Land Surveyor Associate I Professional Land Surveyor $189.00 Land Surveyor Assistant V Professional Land Surveyor $162.00 Land Surveyor Assistant IV Professional Land Surveyor $152.00 Land Surveyor Assistant III Professional Land Surveyor $142.00 Land Surveyor Assistant II Professional Land Surveyor $132.00 Land Surveyor Assistant I Professional Land Surveyor $121.00 Engineering Technician None $111.00
Senior Accountant None $125.00
Administration III None $118.00
Administration II None $110.00
Administration I None $103.00
FIELD
Title Required Credentials Hourly Rate
416
1 Man Survey Crew Non Prevailing Wage Professional Land Surveyor $200.00 2 Man Survey Crew Non Prevailing Wage Professional Land Surveyor $350.00 3 Man Survey Crew
‐
Non Prevailing Wage Professional Land Surveyor $450.00
1 Man Survey Crew
‐
Prevailing Wage Professional Land Surveyor $220.00
2 Man Survey Crew
‐
Prevailing Wage Professional Land Surveyor $390.00
3 Man Survey Crew
‐
Prevailing Wage Professional Land Surveyor $495.00
OTHER DIRECT COSTS
Mileage (personal vehicle) per mile $0.65
Mileage (survey truck) per mile $0.95
Subconsultant @ cost
Project Expenses @ cost
Survey Supplies (wood, lathe, paint, brass markers, etc.) @ cost Notes
1) All direct project expenses are passed through without mark up to Client 2) The above fees are for straight time only. Overtime billing is at a higher rate. Overtime will only be worked per Client's written direction.
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