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ORDERING INFORMATION
GovConnection, Inc. DBA Connection
Please contact your account manager with any questions.
Ordering Address
GovConnection, Inc.
732 Milford Road
Merrimack, NH 03054
Remittance Address
GovConnection, Inc.
Box 536477
Pittsburgh, PA 15253-5906
Please reference the Contract # on all purchase orders.
TERMS & CONDITIONS
Payment Terms: NET 30 (subject to approved credit)
FOB Point: DESTINATION (within Continental US)
Maximum Order Limitation: NONE
FEIN: 52-1837891
DUNS Number: 80-967-8782
Cage Code: OGTJ3
Business Size: LARGE
Erate Spin Number: 143026005
WARRANTY: Manufacturer’s Standard Commercial Warranty
NOTE: It is the end user's responsibility to review, understand and agree to the terms of any End User License Agreement (EULA).
Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Company’s Standard Terms of Sale, which describe important legal rights and obligations. You may review the Company’s Standard Terms of Sale on the Company’s website: www.govconnection.com or you may request a copy via fax, e-mail, or mail by calling your account representative. The only exception to this policy is if your order is being placed under any one of our many national, state, educational or cooperative Agreements, in which case the Terms and Conditions of your Purchase Order are already prenegotiated and stated in that Agreement. No other Terms and Conditions shall apply and any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. Due to the industry-wide constraints and fluctuations, we reserve the right to change pricing at any time. Please refer to our Quote Number in your order.
If you require a hard copy invoice for your credit card order, please visit the link below and click on the Proof of Purchase/Invoice link on the left side of the page to print one:https://www.govconnection.com/web/Shopping/ProofOfPurchase.htm Please forward your Contract or Purchase Order to:
[email protected]
QUESTIONS: Call 800-800-0019
FAX: 603.683.0374
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From: Armando Garibay
To: Brian Clouser
Subject: RE: Brawley Microsoft EA - SF Case 00040492
Date: Friday, September 20, 2024 3:06:00 PM
Hey Brian,
Following up on the quote request for Microsoft EA. Any status update? Thanks,
Armando
From: Armando Garibay
Sent: Monday, September 9, 2024 10:06 AM
To: 'Brian Clouser' <[email protected]>
Subject: RE: Brawley Microsoft EA - SF Case 00040492
I've attached a true-up for last year, which has my agreement number. I’m not sure what you are asking regarding Admin details, my account is a global admin.
Contract: SCA-19-70-0169Y
EA Enrollment: 61038303
From: Brian Clouser <[email protected]>
Sent: Monday, September 9, 2024 9:40 AM
To: Armando Garibay <[email protected]>
Subject: RE: Brawley Microsoft EA - SF Case 00040492
WARNING: The sender of this email could not be validated and may not match the person in the ""From"" field. [EXTERNAL EMAIL] This email originated from outside of the organization. Please be mindful when opening attachments and embedded links.
Please confirm the admin details you want to use for the EA. And if you have the PCN, that would be great.
Regards,
Brian
Brian Clouser | California Government Sales
CDW Government
880 Monon Green Boulevard, Carmel, IN 46032
415.828.1263 | [email protected]
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1 Armando Garibay
From: Armando Garibay
Sent: Friday, September 20, 2024 3:04 PM
To: 'Hunter, Monte'
Subject: RE: Your Microsoft True-up order for Enterprise Enrollment 61038303 is due soon {~555603942~} Hello Hunter,
This is a follow-up email asking for the same number of users to be quoted for all G3 licensing and Entra P1.
Thanks,
Armando
From: Armando Garibay
Sent: Monday, September 9, 2024 12:14 PM
To: Hunter, Monte <[email protected]>
Subject: RE: Your Microsoft True-up order for Enterprise Enrollment 61038303 is due soon {~555603942~} Yes, I have already received quotes from other vendors.
Quote: Convert all E3 licenses, plus add Entra ID P1 for all users.
Thank you,
Armando
From: Hunter, Monte <[email protected]>
Sent: Monday, September 9, 2024 11:57 AM
To: Armando Garibay <[email protected]>
Subject: RE: Your Microsoft True-up order for Enterprise Enrollment 61038303 is due soon {~555603942~} WARNING: The sender of this email could not be validated and may not match the person in the ""From"" field. [EXTERNAL EMAIL] This email originated from outside of the organization. Please be mindful when opening attachments and embedded links.
Hi Armando,
Per the following screenshot, we won’t be able to process an Enterprise Update Statement (zero true-up form) until October. I’ve added a reminder to my calendar to provide the document for your signature then. You are compliant for years 1 and 2. Are you ready to start working on the renewal? I can provide a quote and renewal paperwork.
You don't often get email from [email protected]. Learn why this is important 5c.3
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2 Thanks!
Monte Hunter
Account Manager
Direct. +1 (262) 439-7094
Mobile. +1 (503) 330-3172
Email. [email protected]
SoftwareOne Acquires Beniva in ServiceNow Expansion Play (tbri.com) SoftwareOne.com
Linkedin • YouTube • Twitter
From: Armando Garibay <[email protected]>
Sent: Thursday, September 5, 2024 4:21 PM
To: Hunter, Monte <[email protected]>
Subject: FW: Your Microsoft True-up order for Enterprise Enrollment 61038303 is due soon {~555603942~} CAUTION: This message was sent from outside of SoftwareOne. Please do not click links or open attachments unless you recognize the source of this email and know the content is safe. Please report all suspicious emails to "[email protected]" as an attachment.
Hello Hunter,
Can you help me with this True-up? I don’t recall adding additional licenses, but is there a way for you to verify?
Thanks,
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City of Brawley
City Council
October 01, 2024
Agenda Item No 5d
STAFF REPORT
To: City Council
From: Thomas Garcia, Assistant to the City Manager
Prepared by: Rachel Fonseca, Parks and Recreation Manager Subject: Approve the Closure of Leonard Street and Waive the Street Closure Fee for Saint Margaret Mary's Kermes
RECOMMENDATION:
Approve the closure of Leonard Street between S. Cesar Chavez Street and S. Adams Street and the alleyway from 10:00 am – 8:00 pm, and waive the street closure fee for Saint Margaret Mary’s Kermes BACKGROUND INFORMATION:
Saint Margaret Mary Church will host its annual Kermes on Sunday, October 20, 2024. The event will take place from 10:00 am – 8:00 pm. The Kermes (also known as a Bazaar in English) is the main annual fundraiser for Saint Margaret Mary Church. The Kermes will include food, music, and fun.
The Kermes has outgrown the Church’s main parking lot, and Saint Margaret Mary would like to move their Kermes to their second parking lot behind the church. However, Leonard Street is between the church and the second parking lot, and traffic traveling down Leonard Street creates a hazard for those crossing between the church and the event. A street closure would allow those attending the Kermes to safely cross back and forth between the church and the Kermes.
The closure was reviewed and approved by the Chief of Police and department heads. This is the same street closure completed for the same event last year.
Saint Margaret Mary kindly requests permission to close Leonard Street between S. Cesar Chavez and S. Adams Street and the alleyway from 10:00 am – 8:00 pm and waiver of the street closure fee for the Saint Margaret Mary Kermes.
FISCAL IMPACT:
Waiver of the $500.00 Street Closure Fee
ALTERNATIVES:
The City Council may elect not to approve the street closure or waiver of the $500.00 ATTACHMENTS:
1. Saint Margaret Mary Map and Letter - 2024
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REPORT COORDINATED WITH (other than person preparing the staff report):
Staff, Title or Consultant, Agency
REPORT APPROVAL(S):
Staff, Title or Consultant, Agency Status – Date of Status Silvia Luna, Finance Director Approved - 9/24/2024
Jimmy Duran, City Manager Approved - 9/24/2024
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St. Margaret Mary Church
Kermess
1012.0 12..�
• I l
�� '6 :K
Please close Leonard St:
From the comer of S. Cesar Chavez/Leonard all the way through to the comer of S. Adams/Leonard From I 0AM-8PM
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Sacred Heart Church
Phone: (760) 679-3505
Fax: (760) 679-3731
www.brawleycatholic.org
September 10, 2024
To whom it may concern:
St. Margaret Mary Church
Phone: (760) 550-9830
Fax: (760) 878-5229
St. Joseph Church
Phone: (760) 679-3505
Fax: (760) 679-3731
Email:brawleycatholic@gmaiLcom
We are requesting your help in waiving the fee for our request to block the street the day of our fundraiser. We are a nonprofit organization and rely solely on donations and fundraisers. This year has been extremely difficult for our community since we had to close our community school for lack of funds. This fundraiser helps St.
Margaret Mary directly.
Sincerely,
Fr. Bernardo Lara
Pastor
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City of Brawley
City Council
October 01, 2024
Agenda Item No 5e
STAFF REPORT
To: City Council
From: Thomas Garcia, Assistant to the City Manager
Prepared by: Thomas Garcia, Assistant to the City Manager Subject: Letter of Support for Beverage Container Recycling Project RECOMMENDATION:
Approve the request to provide a letter of support for the IVRMA’s project to encourage responsible waste management practices in the Imperial County Region.
BACKGROUND INFORMATION:
The Imperial Valley Resource Management Agency (IVRMA) seeks our support for an exciting initiative to enhance recycling efforts in Imperial County and promote sustainable practices among residents and visitors. IVRMA is submitting a competitive grant under CalRecycle, as a Joint Powers Authority Agency. A proposed beverage container recycling project will install approx. 500 accessible recycling bins and ten water refill stations in high-traffic areas such as parks, schools, and community centers.
This initiative also includes a comprehensive litter cleanup effort to address the litter challenges we face along the United States-Mexico border.
FISCAL IMPACT:
No Fiscal Impact to the City of Brawley
ALTERNATIVES:
Council may choose to deny this request.
ATTACHMENTS:
1. Proposed Letter of Support
REPORT COORDINATED WITH (other than person preparing the staff report):
Staff, Title or Consultant, Agency
REPORT APPROVAL(S):
Staff, Title or Consultant, Agency Status – Date of Status Silvia Luna, Finance Director Approved - 9/24/2024
Jimmy Duran, City Manager Approved - 9/24/2024
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City of Brawley
October 1, 2024
RE: Beverage Container Recycling Project in Imperial County To Whom it may concern,
On behalf of the City Council of the City of Brawley, California, I am writing to express our strong support for the Beverage Container Recycling Project in Imperial County, which aims to establish a comprehensive beverage container recycling program in the Imperial Valley Region. This initiative directly addresses the urgent needs of our disadvantaged communities, promoting sustainability and environmental responsibility.
As community leaders, we recognize the significant benefits this project will bring to our community.
The installation of recycling bins and water refill stations will not only improve waste management but also create local job opportunities and training programs, enhancing the economic resilience of our community. Furthermore, by fostering a culture of recycling and providing education on sustainable practices, we can ensure cleaner public spaces and promote overall health and well-being for our residents.
We commend the project for its inclusivity and commitment to sustaining engagement with the community throughout its implementation and beyond. The planned workshops and continuous feedback mechanisms demonstrate a dedication to prioritizing the voices of our residents.
We fully endorse the Beverage Container Recycling Project in Imperial County and urge support for its funding and successful execution. This project represents a critical step toward environmental justice and improved quality of life for our community.
Thank you for considering this vital initiative. We look forward to supporting its implementation and positive impact on our community.
Sincerely,
_____________________________
Ramon Castro, Mayor
ADMINISTRATIVE OFFICES
383 Main Street
Brawley, CA 92227
Phone: (760) 351-3048
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CITY OF BRAWLEY
ADMINISTRATIVE OFFICES
383 Main Street
Brawley, CA 92227
Phone: (760) 351-3048
President Joseph R. Biden
The White House
1600 Pennsylvania Ave, NW
Washington, DC 20500
Statement of Support for the Fort Yuma Quechan Indian Tribe’s Request for Kw'tsán National Monument Designation
Dear President Biden,
I am writing to express my strong support for the Fort Yuma Quechan Indian Tribe’s request to establish the Kw'tsán National Monument on federally managed lands in Imperial County, California. Your leadership is essential in protecting these lands that hold immense cultural, historical, and ecological significance. The local community, and people like me from near and far, are calling on you to take swift action to honor the Tribe’s request.
The proposed Kw'tsán National Monument would encompass over 390,000 acres of the Quechan Indian Tribe’s ancestral lands. This designation is crucial for safeguarding cultural values, belief systems, trail systems, and traditional practices. Additionally, it will protect vital wildlife, water resources, native plants, and scenic vistas. An inter-governmental stewardship agreement would ensure Indigenous peoples are appropriately involved in future land management planning on their homelands.
The Colorado River, deeply embedded in the Quechan culture, is vital for the Tribe’s history, cultural practices, and overall well being. As climate change exacerbates drought conditions and unsustainable water extraction, protecting these lands becomes even more critical to ensure water resource stability and habitat preservation for plants, wildlife, and people.
This region is home to numerous native wildlife species and a variety of native plants. The Colorado River boundary is a key bird migration flyzone and wildlife corridor, making its protection essential for the entire ecosystem. The monument's boundaries would protect sacred sites, scenic features, and critical environmental areas, including Indian Pass, Pilot Knob, and Picacho Peak Wilderness areas.
Designating the Kw'tsán National Monument will prevent harmful activities, including mining claims and largescale industrial development, which threaten these lands. With your leadership, through the use of the Antiquities Act, we can ensure these lands remain protected for future generations of people and wildlife and put an end to tireless battles defending these lands from ongoing threats.
I urge you to designate the Kw'tsán National Monument, supporting the Fort Yuma Quechan Indian Tribe in their endeavor to protect these sacred lands.
Sincerely,
Ramon Castro, Mayor
CC:
Senator Alex Padilla; Senator Laphonza Butler; Secretary Deb Haaland, Department of the Interior; Chair Brenda Mallory, Council on Environmental Quality
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City of Brawley
City Council
October 01, 2024
Agenda Item No 5g
STAFF REPORT
To: City Council
From: Romualdo Medina, Public Works Director Operations/Maintenance Prepared by: Ana Gutierrez, Public Works Analyst
Subject: Contract for continued Wastewater Pretreatment Support from Ashworth Leininger Group (ALG).
RECOMMENDATION:
Approve Agreement with the Ashworth Leininger Group for Environmental Assistance through Fiscal Year 2024-2025, not exceeding $152,274.30.
BACKGROUND INFORMATION:
The City of Brawley (City) maintains and operates a wastewater collection system and treatment plant regulated by the State of California under the Regional Water Quality Control Boards (RWQCB) National Pollutant Discharge Elimination System (NDPES) permit program. The City’s permit requires the City to maintain an approved industrial wastewater pretreatment program with local limits to control wastewater discharges from industrial users to the City’s wastewater collection and treatment system based on the City of Brawley Local Limits Study. The purpose of the Pretreatment Program is to establish industrial discharge limitations for SIUs that protect the sewer collection system, wastewater treatment plant, its operators as well as the environment from harm and eliminate any toxicity passthrough or process interference, ensuring that the City’s wastewater effluent discharge remain in compliance with its State of California issued NPDES Permit obligations.
The City has three identified Significant Industrial Users (SIU): One World Beef Packers, GloriAnn Farms, and Pioneers Memorial Healthcare District. The City relies on Pretreatment Support services from ALG to help guide Project Management, Permit Issuance, enforcement, wastewater engineering infrastructure evaluation, and resolution of challenges from SIUs and other unforeseen wastewater discharge issues.
The City has requested ALG assist with continued support of the Industrial Users survey, application review, and permitting, including groundwater remediation facilities, RV dump facilities, and agricultural packing facilities, Pre-treatment program updates, development of the City’s fats, oils, and grease (FOG) management program, and assistance to the Environmental Compliance Operators and public works on environmental regulations and procedures during the vacancy of Senior Environmental Compliance Officer. We have also requested that ALG assist in developing the municipal stormwater program, outreach and best management practice materials, stormwater ordinance, and stormwater enforcement plan.
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ALG will conduct site inspections and reviews of the City’s Pretreatment Program, the City wastewater Treatment Plant, and site inspections for all three significant industrial user facilities.
The City also works with ALG to address various wastewater projects in the contract: Recordkeeping and Compliance Management System, Review of Program Materials and Training, SDSU Chlorine Residual Issue, Support for Unexpected Wastewater, Pretreatment, and Engineering Items, Update of Enforcement Response Plan, and Engineering Assistance for Lift Station Crane Design, Backflow Prototype Design, and Lift Station Communications Design.
FISCAL IMPACT:
Funding will come from the fiscal year 24/25 budget for Professional Services 511-332-000-730-100.
ALTERNATIVES:
No Alternatives currently.
ATTACHMENTS:
1. Proposal
2. Agreement
REPORT COORDINATED WITH (other than person preparing the staff report):
Staff, Title or Consultant, Agency
Silvia Luna, Finance Director, ,
REPORT APPROVAL(S):
Staff, Title or Consultant, Agency Status – Date of Status Jimmy Duran, City Manager Approved - 9/24/2024
Silvia Luna, Finance Director Approved - 9/24/2024
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1 CITY OF BRAWLEY
CONSULTING SERVICES CONTRACT
PROFESSIONAL ENGINEERING SERVICES
FOR
PRETREATMENT PROGRAM SUPPORT SERVICES
FISCAL YEAR 2024/2025
1.0 The Parties. This Contract is made by and between the City of Brawley (“City”) and Ashworth Leininger Group (“Consultant”).
2.0 Paragraph Headings and Definitions. Paragraph headings in this Contract are for convenience only and are not to be construed to define, limit, expand, interpret, or amplify the provisions of this Contract. When initially capitalized in this Contract or amendments hereto, the following words or phrases shall have the meanings specified:
2.1 Professional Efforts. Those efforts that a competent, experienced, and prudent Consultant would use to perform and complete the requirements of this Contract promptly, exercising the degree of care, competence, and prudence customarily imposed on a Consultant performing similar work in the State of California.
2.2 Contract. This Contract, including all referenced documents, between City and Consultant for the performance of the Work, and any subsequent written modifications or amendments executed by City and Consultant.
2.3 Consultant. The legal entity that executes this Contract with the City to perform the Work.
2.4 Force Majeure. An act of God, or event beyond the control of a party, including an act or omission of government, act or omission of civil or military authority, strike or lockout, act of a public enemy, war, blockade, insurrection, riot, epidemic, landslide, earthquake, fire, storm, lightning, flood, washout, or civil disturbance which could not have been avoided through the exercise of reasonable care and prudence.
2.5 Contract Manager. The title of the person designated by the City to be its representative with authority to act for the City regarding this Contract and the Work of Consultant.
2.6 Work. All or a part or phase of the obligations undertaken by Consultant pursuant to the Contract.
3.0 Time of Contract. Consultant shall perform the services required under this Contract within 365 calendar days from the date of the Contract.
4.0 Scope of Work. City hereby retains and engages Consultant, and Consultant accepts such engagement to Provide Pretreatment Program Support Services.
4.1 Details of Scope of Work are contained in the Proposal for Professional Engineering Services to Provide Pretreatment Program Support Services dated July 9, 2024, attached herewith as Exhibit A and by this reference made a part hereof.
5.0 Manner of Compensation. For the performance of services rendered pursuant to this Contract, the City will pay a Consultant fee based on the following, subject to the limitation of the maximum expenditure provided herein:
5.1 Maximum Fee. The maximum fee under this Contract is One Hundred Fifty-Two Thousand Two Hundred Seventy Four Dollars and Thirty Cents ($152,274.30) without prior express written consent of the City. In the event that the consultant anticipates the need for services in excess of the amount, the City shall be notified immediately in writing. Details of the Fee Proposal are included as part of Exhibit A.
5.2 Extra Work. Consultant shall not perform extra work of any kind without prior express written consent of City. 5g.2
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2 6.0 Payment
The city shall pay the consultant for Services rendered by the consultant hereunder based on monthly invoices for the period ending on the month's final day. The city shall pay each invoice within 30 days after receipt. Invoices shall include, the project description, the description and breakdown of costs, the month such costs were incurred, total expenses billed to date, invoice number, and invoice date. All invoices shall be sent to the City. Attention: Rom Medica See Section 22.2, “Notice and Communications”.
6.1 Compensation. Monthly progress payments shall be billed and based on work completed. The progress of the work and payment due shall be recorded on a Progress Payment Form, the appearance of which will be approved by the City. See Exhibit B for a sample of a typical invoice.
6.2 Billing Dispute. In the event the City disputes the amount of an invoice, it shall notify the Consultant within 20 days of receipt of the invoice and otherwise timely pay any undisputed portion of the invoice.
7.0 Records and Audits
7.1 Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City.
7.2 Audit. The city may perform an audit of the time-based and reimbursable expense costs of any given Work Order.
The city shall not have access to the Consultant’s composition of fixed overhead rates or lump sums, the financial makeup of payroll burdens, or any costs expressed as a percentage of direct labor costs.
7.3 Document Retention. Consultant shall maintain all above documents and records, which demonstrate performance under this Contract for a minimum of three years, or any longer period required by law, from the date of termination or completion of this Contract.
8.0 Control of Work.
Consultant shall report on all Work performed for City through City’s Contract Manager and any designated representatives.
Consultant shall comply with any coordination and completion criteria specified by City, and shall diligently prosecute each phase of the Work.
9.0 Ownership of Documents
9.1 Documents. Original project documents, including reproducible record prints of drawings, calculations, estimates, designs, specifications, field notes and data prepared in the course of performing the Work with the exception of those standard details and specifications regularly used by the Consultant in its normal course of business shall upon payment of all amounts rightfully owed by the City to the Consultant herein become the property of City. All final reports including reconnaissance reports, pre-feasibility reports, and feasibility reports shall be the property of the City. Consultant may retain copies of said documents and reports. Any reuse or modification of such Documents for purposes other than those intended herein shall be provided at the City’s sole risk and without liability to the Consultant.
9.2 Confidentiality. In performing services under this Contract Consultant will gain access to proprietary information concerning the City’s business and operations. All ideas memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and data either created by or provided to Consultant in connection with the performance of this Contract shall be held confidential by Consultant. Consultant shall not, without the prior written consent of City, use such materials for any purposes other than the performance of the work under this Contract. Nor shall such materials be disclosed to any person or entity not connected with the performance of the work under this Contract. Nothing furnished to Consultant, which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to the project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Contract in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
It is hereby agreed that the following information is not considered to be confidential under this Agreement:
a. Information already in the public domain:
b. Information disclosed to Consultant by a third party who is not under a confidentiality obligation:
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3 c. Information developed by or in the custody of Consultant before entering into this Agreement; d. Information developed by the Consultant through its work with other clients; and e. Information required to be disclosed by law or regulation including, but not limited to, subpoena, court order, or administrative order.
10.0 Duties of Consultant
10.1 Degree of Care. In the performance of its services hereunder, Consultant shall exercise that degree of skill and judgment commensurate with that which is normally exercised by recognized professional Consultants in the same discipline, with respect to services of a similar nature, in accordance with all applicable rules, laws and regulations at the same time and in the same locality.
10.2 Licenses. Consultant represents to City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature, which are legally required of Consultant to practice its profession.
Consultant represents to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Contract, any licenses, permits, insurance, and approvals which are legally required of Consultant to practice its profession.
10.3 Correction of Improper Services. Consultant shall perform or correct any portions of the work not performed in accordance with the standard of care specified herein, provided that Consultant is notified in writing of nonconformity within a reasonable time after discovery by City of the nonconforming service. The consultant shall perform the remedial services at no additional cost to the City.
11.0 Suspension
City may, upon 10 calendar days written notice, direct Consultant to suspend performance on any or all of the services under the Contract for a specified period of time. If any suspension is not occasioned by the fault of Consultant, this Contract may be supplemented to compensate Consultant for extra costs incurred due to the suspension, provided that any claim for adjustment is supported by appropriate cost documentation, subject to audit, and asserted within twenty days after the date City issues a notice for resumption of the services under the Contract. Consultant shall be entitled to an extension to any work schedule to the extent a delay was caused by the suspension. Upon receipt of a suspension notice, Consultant shall (1) discontinue the Work under the Contract, (2) place no further orders or subcontracts, (3) suspend all orders and subcontracts, (4) protect and maintain all completed Work, and (5) otherwise mitigate City's costs and liabilities for those areas of work suspended. Services under the Contract shall be resumed by the Consultant after such suspension on 10 calendar days' written notice from the City.
12.0 Termination
Under the terms hereunder, City may, at any time and for any reason, terminate this Contract upon not less than 21 days written notice to Consultant. Under such circumstances, this Contract shall terminate on the date set forth in such written notice.
12.1 Termination for Cause. If Consultant shall fail to diligently, timely, and expeditiously perform any of its respective obligations under this Contract, and such failure shall have continued for 10 days after City has delivered written notice thereof to Consultant; or Consultant shall make a general assignment for the benefit of its creditors, a receiver or trustee shall have been appointed on account of Consultant's insolvency, Consultant otherwise shall be or become insolvent, or an order for relief shall have been entered against Consultant under Chapter 7 or Chapter 11 of Title 11 of the United States Code, or Consultant otherwise shall be in default under the Contract and such default shall not have been cured within 10 days after City has delivered written notice to Consultant; then, City, upon 7 days' prior written notice to Consultant, immediately may terminate this Contract for cause.
12.1.1 Upon termination of this Contract for cause, Consultant shall be entitled only to payment of that portion of services performed for which Consultant has not been paid and which Consultant has actually satisfactorily performed, up to the date of such termination; provided, however, that: No allowance shall be included for any out-of-pocket costs and expenses incurred by Consultant by reason of the termination of this Contract.
12.1.2 Nothing contained in this Contract shall limit in any manner any rights or remedies otherwise available to City by reason of a default by Consultant under this Contract including, without 5g.2
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4 limitation, the right to seek full reimbursement from Consultant for all costs and expenses incurred or to be incurred by City by reason of Consultant's default hereunder and which City would not have otherwise incurred if Consultant had not defaulted hereunder.
12.2 Termination For Convenience - In the event that City terminates this Contract for reasons other than those set forth above Consultant shall be entitled to payment for services performed which have not been paid to Consultant and which shall compensate Consultant for all services actually and satisfactorily performed by Consultant up to the date of such termination.
12.3 Duties of Consultant Upon Termination - Upon any termination of this Contract Consultant shall:
12.3.1 Discontinue all of its services under the Contract from and after the date of the notice of termination, except as may be required to complete any item or portion of work to a point where discontinuance will not cause unnecessary waste or duplicative work or cost.
12.3.2 Cancel, or, if so directed by City, transfer to City all or any of the commitments and Contracts made by Consultant relating to the services, to the extent they may be canceled or transferred by Consultant.
12.3.3 Transfer to City in the manner, to the extent, and at the time directed by City, all supplies, materials, and other property produced as a part of, or acquired in the performance of Consultant's services.
12.3.4 Take such other actions as the City may reasonably direct.
13.0 Insurance
Without limiting Consultant’s indemnification of City, and prior to commencement of Work, Consultant agrees to provide insurance in accordance with the requirements set forth herein. If the Consultant uses existing coverage to comply with these requirements and that coverage does not meet the requirements, the Consultant agrees to modify the existing coverage to do so. The following coverages will be provided by the Consultant and maintained on behalf of the City and in accordance with the following requirements:
13.1 Commercial General Liability Insurance. Commercial General Liability coverage is at least as broad as the Insurance Services Office form CG 00 01. No claims made or modified occurrence forms will be accepted. Total limits for all coverages shall be no less than $1,000,000 per occurrence and $2,000,000 general aggregate. Coverage shall include bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. The policy shall be endorsed to provide that the City of Brawley and its officers, officials, employees, and agents are additional insureds. This provision shall also apply to any excess policies.
13.2 Business Auto Liability Insurance. Business auto coverage at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with the Work to be performed under this Agreement, including coverage for any owned, hired non-owned, or rented vehicles. Limits shall be no less than $1,000,000 combined single limit per accident.
13.3 Workers’ Compensation. Workers’ Compensation coverage provides workers’ compensation statutory benefits as required by law and Employer’s Liability Insurance no less than $1,000,000 per accident.
Consultant shall submit to City, along with the certificate of insurance, a Waiver Subrogation endorsement in favor of City of Brawley, its officers, agents, and employees. (This provision shall not apply if the Consultant has no employees performing work under this Agreement, however, in such case Consultant must sign the “Certificate of Exemption from Workers Compensation Insurance” included below.
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5 13.4 Professional Liability Insurance. Professional Liability (Errors and Omissions) insurance covering the services to be performed in connection with this Agreement shall be maintained with policy limits of not less than $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and the Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement.
14.0 Indemnification
For Professional Liability
When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or sub-consultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement.
For other than Professional Liability
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, and hold harmless City, and any and all of its employees, officials, and agents from and against any liability (including for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceeding, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including by not limited to officers, employees or subcontractors of Consultant.
15.0 Relationship of Parties
Consultant shall, for all purposes, be an independent contractor as to City, and under no circumstances shall the relationship of employer and employee arise between the agents or employees of Consultant and City.
16.0 Assignment and Subcontracting
16.1 Non-Assignment. A substantial inducement to the City for entering into this Contract is the professional reputation, experience, and competence of the Consultant. Assignments of any or all rights, duties, or obligations of the Consultant under this Contract will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Contract without the written authorization of City. If the City consents to such subcontract, the Consultant shall be fully responsible to the City for all acts or omissions of the subcontractor. Nothing in this Contract shall create any contractual relationship between the City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
16.2 Successors and Assigns. This Contract shall be binding upon the successors and assigns of each of the parties hereto in respect to all of the provisions hereof. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any of the parties, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the parties to this Contract.
17.0 Laws and Regulations
The consultant will comply in the performance of the Contract with all laws and regulations applicable to the Consultant in its performance of the Contract.
18.0 Force Majeure
In the event either party by reason of a Force Majeure is rendered unable to perform its duties under this Contract then upon the party giving written notice of the particulars and estimated duration of Force Majeure to 5g.2
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6 the other party within 5 calendar days after knowledge of the occurrence of the Force Majeure, the party may have the time for performance of its duties extended for the period equal to the time performance is delayed by the Force Majeure. The effects of the Force Majeure shall be remedied with all reasonable dispatch, and the party giving notice shall use Best Efforts to eliminate and mitigate all consequences. A Force Majeure for which notice has not been given shall be an unexcused delay.
19.0 Attorneys' Fees
If either party to this Contract shall bring any action, claim, appeal, or alternative dispute resolution proceedings, for any relief against the other, declaratory or otherwise, to enforce the terms of or to declare rights under this Contract (collectively, an Action), the losing party shall pay to the prevailing party a reasonable sum for attorneys' fees and costs incurred in bringing and prosecuting such Action and/or enforcing any judgment, order, ruling, or award (collectively, a Decision) granted therein. Any Decision entered in such Action shall provide for the recovery of attorneys' fees and costs incurred in enforcing such Decision. The court or arbitrator may fix the amount of reasonable attorneys' fees and costs at the request of either party. For the purposes of this paragraph, attorneys' fees shall include, without limitation, fees incurred in the following: (1) post-judgment motions and collection actions; (2) contempt proceedings; (3) garnishment, levy, and debtor and third-party examinations; (4) discovery; and (5) bankruptcy litigation. "Prevailing party" within the meaning of this paragraph includes, without limitation, a party who agrees to dismiss an Action on the other party's payment of the sums allegedly due or performance of the covenants allegedly breached, or who obtains substantially the relief it seeks.
20.0 Governing Law and Venue
This Contract shall be interpreted in accordance with the substantive and procedural laws of the State of California. All actions or proceedings arising in connection with this Contract shall be tried and litigated exclusively in State court located in the County of Imperial, State of California, and Federal court located in the County of San Diego, State of California. The aforementioned choice of venue is mandatory, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Contract in any jurisdiction other than that specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non convenes or a similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph and stipulates that the State and Federal courts located in the Counties of Imperial and San Diego, respectively, California, shall have in person jurisdiction and venue over each of them for the purpose of litigating any dispute or proceeding arising out of or related to this Contract. Each party hereby authorizes service of process sufficient for personal jurisdiction in any action against it at the address and in the manner for the giving of notice as set forth in this Contract.
21.0 Integration
This Contract and any exhibits hereto, as well as other documents referred to in this Contract, constitute the entire Contract between the parties with regard to the subject matter hereof and thereof. This Contract supersedes all previous Contracts between or among the parties. There are no Contracts, representations, or warranties between or among the parties other than those set forth in this Contract.
22.0 Authorized Representatives and Notices
22.1 Representatives. Prior to the commencement of the work under the Contract, the City and Consultant shall agree on the designation of a representative authorized to act on behalf of each party.
22.2 Notice and Communications. All communications relating to the day-to-day activities under this Contract shall be exchanged between the representatives of the City and the Consultant. All legal notices and communications required under or related to this Contract shall be in writing and shall be delivered personally or mailed by certified mail, postage prepaid, return receipt requested, to the representatives of City and Consultant identified below. Notice shall be effective on the date of delivery.
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7 TO: City of Brawley TO: Ashworth Leininger Group
Romualdo Medina, Public Works Director/ Christine Wong, Environmental Scientist Operations/Maintenance 601 E. Daily Rd., Suite 302
180 South Western Avenue Camarillo, CA 93010
Brawley, CA 92227 Phone: (805) 764-6019
Phone: (760) 344-5800 Ext. 19
E-mail: [email protected] E-mail: [email protected]
22.3 A party may change or supplement the information exchanged concerning authorized representatives and notices by giving the other party written notice of the new information in the above manner.
23.0 Waiver
The failure of the City to insist upon strict performance of any of the terms and conditions of this Contract, or to exercise or delay the exercise of any rights or remedies provided by this Contract or by law, or the acceptance of work or payment for work shall not release Consultant from any of the responsibilities or obligations imposed by law or by this Contract and shall not be deemed a waiver of any right of City to insist upon strict performance of this Contract. None of the provisions of the Contract shall be considered waived by either party except when such waivers are agreed upon in writing by the parties.
24.0 Survival of Obligations and Liabilities
The termination, cancellation, or acceptance of the work under the Contract shall not relieve Consultant of its obligations for work completed prior to the effective date of such termination, cancellation, or acceptance, nor shall it relieve Consultant of its liabilities at law or under this Contract.
25.0 Severability
If any provision of this Contract or the application thereof to any person or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of this Contract shall not be affected thereby, and each such provision shall be valid, and enforceable to the fullest extent permitted by law. However, if either party in good faith determines that the finding of illegality or unenforceability adversely affects the material consideration for its performance under this Contract, such party may terminate this Contract by giving written notice to the other party.
26.0 Execution and Effective Date. This Contract has been executed by the duly authorized officers of the parties and shall be effective as of October 1, 2024.
Dated: October 1, 2024
CITY OF BRAWLEY, CALIFORNIA
By:_______________________________
Jimmy Duran, City Manager
ASHWORTH LEININGER GROUP
ATTEST:
By:______________________________
Bart Leininger, Principal By:___________________________________ Thomas Garcia, Deputy City Clerk
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8 CITY OF BRAWLEY
EXHIBIT A
SCOPE OF SERVICES
CONSULTING SERVICES CONTRACT
PROFESSIONAL ENGINEERING SERVICES
FOR
PRETREATMENT PROGRAM SUPPORT SERVICES
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9 EXHIBIT B
Typical Monthly Invoice
Consultant’s Letterhead
City of Brawley
Project Title: Pretreatment Program Support Services for Fiscal Year 24/25.
Services from: (Date) to (Date)
Total Contract Amount
Previously Billed
Current Billing
Billed to Date
Amount Remaining
Total This Invoice
*Percent Completion shall be justified and included in the invoice.
Attach backup information, if applicable.
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City of Brawley
City Council
October 01, 2024
Agenda Item No 5h
STAFF REPORT
To: City Council
From: Romualdo Medina, Public Works Director
Prepared by: Ana Gutierrez, Public Works Analyst
Subject: Authorization of Amendment No. 1 to the Agreement with The Holt Group for continued CM Services.
RECOMMENDATION:
Authorize Amendment No. 1 to The Holt Group for $279,636.25 to provide continued Construction Management and Grant Administration Services for the Main Street Water Pipeline and Paving Improvements Project in the amount of $279,636.25 and authorize the City Manager to execute all documentation to this Amendment.
BACKGROUND INFORMATION:
On June 6, 2022, the City entered into an Agreement with The Holt Group (THG) for the Design, Bidding and Construction Management Services for the Main Street Water Line Pipeline Installation and Paving Improvements Project.
The Holt Group provided proposed engineering fees based on the project being completed as one project. However, the City received a grant from Caltrans for the Paving portion only, so the project had to be separated into two projects to allow the grant portion to stand alone. THG provided additional design and bidding services from April through December 2023.
THG has provided construction management and inspection services for both projects since January 2024. The city has received the additional scope of work items and extensive effort to produce a successful project ahead of schedule.
As of July 31, 2024, THG has invoiced the City $480,096.25 of the $519,100.00 contract amount for engineering design services dating back to July 2022 and Construction Management beginning January 2024. Construction is expected to be completed by mid-February 2025, and THG has anticipated Inspections and Construction Management through March 31, 2025, to complete the project.
THG is requesting an amendment increase of $279,636.25 to complete both projects. The attached proposal describes what has been done and what is needed for successful project completion.
FISCAL IMPACT:
The amendment will be paid from the Measure D fund, as this is an eligible expense under this special fund.
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Approving this amendment will require a budget adjustment of $279,637 to the following accounts:
215-312.000-920.421 Transfer to Streets CIP........................................... $ 279,637 421-310.000-600.215 Transfer from Measure D, Revenue ......................$ 279,637 421-310.000-800.300 Improvements other than buildings, expense ....... $ 279,637 ALTERNATIVES:
No alternatives are recommended at this time.
ATTACHMENTS:
1. Proposal THG
2. Amendment No. 1
REPORT COORDINATED WITH (other than person preparing the staff report):
Staff, Title or Consultant, Agency
Silvia Luna, Finance Director
REPORT APPROVAL(S):
Staff, Title or Consultant, Agency Status – Date of Status Jimmy Duran, City Manager Approved - 9/24/2024
Silvia Luna, Finance Director Approved - 9/24/2024
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AMENDMENT NO. 1
TO CONTRACT
FOR
DESIGN ENGINEERING SERVICES
&
CONSTRUCTION MANAGEMENT
DATE: October 1, 2024
The Parties to this Amendment No. 1 to the Contract are the City of Brawley (City) and The Holt Group Inc., (Consultant).
RECITALS
As part of the original Scope of Work, the Consultant will provide Design Engineering Services and Construction Management for the Main Street Water Pipeline Installation and Paving Improvements Project on Main Street from 1st Street to Eastern Avenue.
Amendment No. 1 consists of continued Professional Engineering Services and Construction Management for the Main Street Water Pipeline and Paving Improvements Project.
THE PARTIES AGREE:
1.0 The Scope of Works is as follows: The Consultant will provide continued professional engineering services and construction management for the completion of both projects.
2.0 Additional funds for the Consultant to cover the revised Scope of Services shall not exceed $279,636.25.
3.0 The revised maximum amount of the Agreement, which includes the amount of this Amendment, shall not exceed Seven Hundred Ninety-Eight Thousand Seven Hundred Thirty-Six Dollars and Twenty-Five Cents ($798,736.25).
4.0 All other terms, conditions, and stipulations contained in the original Contract shall remain in effect.
DATED: October 1, 2024
CITY OF BRAWLEY
By:_____________________________
Jimmy Duran, City Manager
The Holt Group, Inc. ATTESTS:
By:_________________________________ By:_____________________________ James G. Holt PE Thomas Garcia, Deputy City Clerk
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City of Brawley
City Council
October 01, 2024
Agenda Item No 5i
STAFF REPORT
To: City Council
From: Romualdo Medina, Public Works Director
Prepared by: Ana Gutierrez, Public Works Analyst
Subject: Reject bids for Traffic Signal Synchronization Specification No. 2023-10A.
RECOMMENDATION:
Reject bids for Caltrans Federally Funded Project No. 2023-10A Traffic Signal Synchronization CML 5167(046) and approve re-advertisement.
BACKGROUND INFORMATION:
On July 16, 2023, the City was awarded Grant No. CML 5167(046) for the Traffic Signal Synchronization & ITS, Phase 1. The Grant has a cost of $848,000, a federal participation of 82.55%, and a local match of 17.45%, which will consist of installing new conduit and fiber optic cable in various locations throughout the City.
This project was advertised for the second time on July 24, 2024, and one bid was received on August 27, 2024.
DBX, Inc.
Temecula, CA $1,116,935.00
After a thorough review with the design consultant STC and Engineering Staff, it was determined that it would be in the city's best interest to re-advertise the project with changes to ensure that the bids come within budget.
FISCAL IMPACT:
None at this time.
ALTERNATIVES:
No alternative is recommended at this time.
ATTACHMENTS:
REPORT COORDINATED WITH (other than person preparing the staff report):
Staff, Title or Consultant, Agency
REPORT APPROVAL(S):
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Staff, Title or Consultant, Agency Status
– Date of Status
Silvia Luna, Finance Director Approved - 9/24/2024
Jimmy Duran, City Manager Approved - 9/24/2024
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City of Brawley
City Council
October 01, 2024
Agenda Item No 5j
STAFF REPORT
To: City Council
From: Romualdo Medina, Public Works Director
Prepared by: Ana Gutierrez, Public Works Analyst
Subject: Authorize Contract Change Order No. 1 to Contract 2023-11A Water Pipeline Installation & Paving Project Improvements.
RECOMMENDATION:
Authorize Contract Change Order No. 1 to Contract No. 2023-11A for the Water Pipeline Installation & Paving Project Improvements for $385,812.00 and authorize the City Manager to execute all documentation concerning this project.
BACKGROUND INFORMATION:
The City of Brawley is undergoing Traffic Signalization, Synchronization, and Intelligent Transportation Systems from the intersection of 3rd Street to 6th Street. This project includes the construction of an underground conduit with fiberoptics, with most of the conduit routed within Main Street.
The intelligent Transportation Systems project went out to bid for construction and has been readvertised and rejected a couple of times due to the bids being over budget. This will require the City to modify and reduce the scope of work for the design and re-bid a third time. The re-design and rebidding are expected to be finalized in December 2024, with a construction start date of January 2025.
With the delay in re-advertising for this project, the Waterline Installation has been completed up to 8th Street, and the paving portion is due to start from 1st Street to 9th Street by the middle of October 2024.
This paving portion is part of a Grant and has a strict completion deadline of December 2024.
The construction of the underground fiberoptic conduit after the Main Street Project’s new pavement would require the removal of new asphalt pavement for the conduit trench, which is approximately 6 to 12 inches in width and could potentially compromise the underlying structural and uniform integrity of the new asphalt pavement.
It was suggested that Rove Engineering provide a proposal to install the underground conduit between 3rd Street through 6th Street. Rove Engineering provided a proposal cost of $385,812.00 with no additional contract days.
The City’s Staff and Construction Manager, The Holt Group, have determined that Rove Engineering's cost is fair and recommends that the Council consider the approval.
FISCAL IMPACT:
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The amendment on this project requires additional funding, the American Rescue Plan Act Funds (ARPA) can be used to fund this part of the project. The following accounts will require a budget adjustment:
209-191.000-920.103, Transfer to Streets CIP Expense........................................ $ 385,812
421-310.000-600.209, Transfer from ARPA fund Revenue .......................................$ 385,812
421-310.000-800.300, Improvements other than buildings Expense ........................................$ 385,812
ALTERNATIVES:
No alternatives are recommended at this time.
ATTACHMENTS:
1. PROPOSAL
REPORT COORDINATED WITH (other than person preparing the staff report):
Staff, Title or Consultant, Agency
REPORT APPROVAL(S):
Staff, Title or Consultant, Agency Status – Date of Status Jimmy Duran, City Manager Approved - 9/24/2024
Silvia Luna, Finance Director Approved - 9/24/2024
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Monthly Staffing Report for October 1, 2024 Updated: 09/18/2024 Notes
Building & Community Develop. 5 5 0
Finance 9 8 1 Utility Billing Clerk
Fire 24 24 0
Human Resources 2 2 0
Information Technology 2 2 0
Library 4 3 1 Library Literacy Clerk
Parks & Recreation 12 12 0
Recruiting for a PT Sr Center Coordinator
Planning 2 0 2 Dev Svcs Director and Assistant Planner
Police 52 51 1 Crime Prevention Coordinator starts 10/1 Public Works 36 33 3
Utility Leadman; Environmental
Compliance Officer, Senior Civil Engineer
City Clerk 1 1 0 City Clerk is an elected position
Records Administration 2 2 0
Council Members 5 5 0
City Manager 1 1 0
Total 157 149 8
Groups Limited Term
Positions
Temp & Part
time Positions
Temp Agency
Positions
Library 0 4 0
Parks & Recreation 0 13 0
2 Parks Maint temps, 4 Cattle Call temps, 3
PR Cashiers, 1 PT Sr Center Coord., 3 rovers
Personnel 0 0 0
Public Works 0 3 0 Cattle Call help
Prepared by:
.
0 0
Filled
Positions
Shirley Bonillas, Human Resources Administrator
Planning/CDS
Vacant Positions
0 Fiscal Year 2024 - 2025
Full-time Regular EE Groups Authorized
Positions
235