City Council and Successor Agency
to the Brea Redevelopment
Agency Agenda
Closed Session - 6:00 p.m.
Study Session - 6:30 p.m.
General Session - 7:00 p.m.
Tuesday, March 19, 2024, 7:00 PM
COUNCIL CHAMBERS
1 Civic Center Circle
Brea, California 92821
and
La Quinta Inn & Suites by Wyndham Pasadena - Lobby
3490 E Sam Houston Parkway So
Pasadena, TX 77505
Christine Marick, Mayor Blair Stewart, Mayor Pro Tem Cecilia Hupp, Council Member Marty Simonoff, Council Member Steven Vargas, Council Member This agenda contains a brief general description of each item Council will consider. The City Clerk has on file copies of written documentation relating to each item of business on this Agenda available for public inspection. Contact the City Clerk’s Office at (714) 990-7756 or view the Agenda and related materials on the City’s website at www.cityofbrea.net. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 1 Civic Center Circle, Brea, CA during normal business hours. Such documents may also be available on the City’s website subject to staff’s ability to post documents before the meeting.
Procedures for Addressing the Council
The Council encourages interested people to address this legislative body by making a brief presentation on a public hearing item when the Mayor calls the item or address other items under Matters from the Audience. State law generally prohibits the City Council from responding to or acting upon matters not listed on this agenda.
The Council encourages free expression of all points of view. To allow all persons the opportunity to speak, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. Council rules prohibit clapping, booing or shouts of approval or disagreement from the audience. Please silence all cell phones and other electronic equipment while the Council is in session. Thank you.
Written comments may be submitted in advance of the meeting by emailing [email protected]. Written comments received by 3 p.m. on the day of the meeting will be provided to the Council, will be made available to the public at the meeting, and will be included in the official record of the meeting.
Special Accommodations
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (714) 990-7757. Notification 48 hours prior to the meeting will enable City staff to make reasonable arrangements to ensure accessibility. (28 CFR 35.102.35.104 ADA Title II) Important Notice
The City of Brea shows both live broadcasts and replays of City Council Meetings on Brea Cable Channel 3 and over the Internet at www.cityofbrea.net. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice as previously described.
1: CLOSED SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 6:00 P.M. 1A. Call to Order/Roll Call
1B. Public Comment
1C. Conference with City's Labor Negotiator Pursuant to Government Code §54957.6 Regarding the Brea Fire Association (BFA) - Bill Gallardo, Negotiator
2: STUDY SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 6:30 P.M. 2A. Call to Order/Roll Call
2B. Public Comment
2C. Clarify Regular Meeting Topics
2D. Unscheduled Vacancy Appointment to the Cultural Arts Commission 2E. Focused General Plan Update Community Steering Committee 2F. Council Member Reports/Requests
3: GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M. 3A. Call to Order/Roll Call
3B. Pledge of Allegiance: Brea Girl Scouts
3C. Invocation: Pastor Doug Green, North Hills Church
3D. Commendation: Outgoing Cultural Arts Commissioner - Sara Trujillo 3E. Report - Prior Study Session
3F. Community Announcements
3G. Matters from the Audience
3H. Response to Public Inquiries
4: PUBLIC HEARING
This portion of the meeting is for matters that legally require an opportunity for public input. Audience participation is encouraged and is limited to 5 minutes per speaker.
4A. Public Hearings for Impact Fee Studies, Impact Fee Adoption, and Sewer Connection Fees — 1. Open and Conduct a Public Hearing and Adopt Resolution No. 2024-012 to revise the amount of Fire Impact Fees, approve an Impact Fee Nexus Study, establish appeal fees, make all findings and analyses required by law and approve a CEQA exemption determination — 2. Open and Conduct a Public Hearing and Adopt Resolution No. 2024-013 to revise the amount of Dispatch Impact Fees, approve an Impact Fee Nexus Study, establish appeal fees, make all findings and analyses required by law and approve a CEQA exemption determination — 3. Open and Conduct a Public Hearing and Adopt Resolution No. 2024-014 to revise the amount of Water Impact Fees, approve an Impact Fee Nexus Study, establish appeal fees, make all findings and analyses required by law and approve a CEQA exemption determination — 4. Open and Conduct a Public Hearing and Introduce Ordinance No. 1249 entitled, "An Ordinance of the City Council of the City of Brea Establishing Sewer Impact Fees for Certain New Developments within the City of Brea, and Approving a CEQA Exemption Determination"
— 5. Open and Conduct a Public Hearing and Adopt Resolution No. 2024-015 to establish the amount of Sewer Impact Fee Study, approve an Impact Fee Nexus Study, make all findings and analyses required by law and approve a CEQA exemption determination (To be effective after the adoption of Ordinance No. 1249) — 6. Open and Conduct a Public Hearing and Adopt Resolution No. 2024-016 to establish and adjust Sewer Connection Fees, and approve a CEQA exemption determination 5: CONSENT CALENDAR
The City Council/Successor Agency approves all Consent Calendar matters with one motion unless Council/Agency or Staff requests further discussion of a particular item. Items of concern regarding Consent Calendar matters should be presented during “Matters from the Audience."
5A. March 5, 2024 Regular City Council Meeting Minutes
— 1. Approve.
5B. Second Reading and Adoption of Ordinance No. 1247, An Ordinance of the City Council of the City of Brea Amending the Brea City Code by Adopting Zoning Ordinance Text Amendment (ZOTA) No. 2023-04 and approving a CEQA Exemption Determination
— 1. Waive full reading of and adopt Ordinance No. 1247 titled “An Ordinance of the City Council of the City of Brea Amending the Brea City Code by adopting Zoning Ordinance Text Amendment NO. ZOTA 2023-04 (Omnibus Zoning Code Update) and approving a CEQA Exemption Determination")"; 5C. Second Reading and Adoption of Ordinance No. 1248, an Ordinance of the City Council of the City of Brea establishing procedures for setting sewer connection fees, and approving a CEQA exemption determination — 1. Waive full reading of and adopt Ordinance No. 1248, "An Ordinance of the City Council of the City of Brea Establishing Procedures for Setting Sewer Connection Fees, and Approving a CEQA Exemption Determination." —
5D. Approve Amendment No. 1 to Golf Course Maintenance and Operation Agreement with Western Golf Properties, LLC
— 1. Approve Amendment No. 1 to Golf Course Maintenance and Operation Agreement with Western Golf Properties, LLC.;
— 2. Appropriate $60,000 for future fiscal years for reimbursement of minor Capital Improvements at golf course facilities; and
— 3. Authorize the City Manager to approve reimbursement to operator for any minor Capital Improvements to golf course facilities in an amount not-to-exceed $60,000 within the fiscal year. Funding for $60,000 will come from Golf Course Fund (Fund 465) revenues and will be programmed annually as part of the budget process.
There is no fiscal impact on the General Fund.
5E. Approve a Professional Design Services Agreement with Iteris, Inc. for the Preparation of Plans, Specifications, and Engineering Estimate for the Implementation of the City of Brea Closed Caption Television (CCTV) System. — 1. Approve a Professional Design Services Agreement with Iteris, Inc. in the amount of $214,726 for the Preparation of Plans, Specifications and Engineering Estimate for the Implementation of the City of Brea Closed Circuit Television (CCTV) System. The BSCC grant will reimburse $214,726 for costs incurred through December 2026
5F. Professional Services Agreements for Annual As-Needed Design and Civil Engineering Services for Various Capital Improvement Program and Private Development Projects
— 1. Approve Professional Service Agreements between the City of Brea and Ardurra Group, Inc.; JMDiaz, Inc.; Kreuzer Consulting Group; Michael Baker International, Inc.; and Willdan Engineering for Design and Civil Engineering Services in the annual amount not-to-exceed $300,000 per year for two (2) years, plus three (3) optional 1-year extensions; and
— 2. Authorize the City Manager to approve extensions. The approved FY 2023-25 CIP Budget includes all Design and Civil Engineering costs for each programmed project. There is no fiscal impact to the General Fund. 5G. Ambulance Equipment Purchase
— 1. Approve the purchase of equipment for ambulances;
— 2. Authorize the City Manager or designee to execute the purchases; and — 3. Amend the City's 2023-25 Operating Budget to appropriate an additional $340,997 from the City's General Fund (Fund 110) to cover the purchase of equipment for ambulances plus a 10% contingency. 5H. Award Contract with Urban Habitat in the amount of $16,511,884.55, plus a 10% contingency, TELACU in the amount of $735,890, plus a 10% contingency, David Volz Design in the amount not-to-exceed $75,000 and Geocon West, Inc. in the amount not-to-exceed $250,000 for the Arovista Park Modernization Project, CIP Project No. 7978 — 1. Reapprove the Plans and Specifications for the Arovista Park Modernization Project, Capital Improvement Program (CIP) No. 7978 (Phase 1), including Addendums #1, #2, and #3; — 2. Receive bids;
— 3. Adopt Resolution No. 2024-017 to appropriate an additional $12,668,123 from a combination of existing CIP projects and available fund balances described herein; — 4. Award Contract to the lowest responsive and responsible bidder, Urban Habitat, in the amount of $16,511,884.55;
— 5. Authorize the Director of Public Works to issue Change Orders up to a “not-to-exceed” amount of 10% of the Urban Habitat Contract Price;
— 6. Award a contract to TELACU for Construction Management and Inspection Services for $735,890; — 7. Authorize the Director of Public Works to issue Change Orders up to a “not-to-exceed” amount of 10% of the TELACU Contract Price;
— 8. Award a contract to David Volz, Inc. for Construction Support in an amount “not-to-exceed” $75,000; and — 9. Award a contract to GeoCon West, Inc. for Soils Inspection, Materials Testing and Special Inspections in an amount “not-to-exceed” $250,000.
5I. Monthly Report of Investments for the City of Brea for Period Ended February 29, 2024 — 1. Receive and file.
5J. March 1 and 8, 2024 City Disbursement Registers
— 1. Receive and file.
6: CITY/SUCCESSOR AGENCY - CONSENT
6A. Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended February 29, 2024
— 1. Receive and file.
7: ADMINISTRATIVE ANNOUNCEMENTS
7A. City Manager
7B. City Attorney
7C. Council Requests
8: COUNCIL ANNOUNCEMENTS
8A. Council Announcements
9: ADJOURNMENT
9A. Meeting Adjournment
Date Posted: March 14, 2024
City of Brea
City Council Regular Meeting Communication
Adoption of Ordinance No. 1241 - Zoning Ordinance Text mandement Staff recommends that the City Council take the following action: Waive full reading and adopt Ordinance No. 1241 titled “An Ordinance of the City Council of the City of Brea Amending the Brea City Code by Adopting Zoning Ordinance Text Amendment ZOTA No. 2023-01 (Omnibus Zoning Code Update) and Approving a CEQA Exemption Determination”. The costs to process and implement the Project are included in the FY2023/2024 Community Development Department budget.
Attachments
Agenda (2).pdf
RECOMMENDATION
Blah I have that recommendation yadda yadda yadda
BACKGROUND/DISCUSSION
N/A
FISCAL IMPACT/SUMMARY
N/A
RESPECTUALLY SUBMITTED:
N/A
City of Brea
City Council Regular Meeting Communication
Conference with City's Labor Negotiator Pursuant to Government Code §54957.6 Regarding the Brea Police Management Association (BPMA); Brea Fire Association (BFA); Brea Fire Management Association (BFMA); Brea Management Association (BMA) and Part-Time Employment and Benefits Policy – Bill Gallardo, Negotiator FROM
Lillian Harris-Neal, City Clerk
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
October 3, 2023 City Council Regular Meeting Minutes
FROM
Victoria Popescu, Deputy City Clerk/Records Supervisor
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Department of Housing and Urban Development (HUD) Grant Agreement regarding Community Project Funding for the OC Loop Tracks at Brea Final Phase Gap Closure.
FROM
Ryan Chapman, Assistant City Engineer
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Traffic Improvements at the Intersection of E Santa Fe Road and Tonner Ridge Drive.
FROM
Ryan Chapman, Assistant City Engineer
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Traffic Improvements along N Berry Street from Salveson Road to Northwood Avenue.
FROM
Ryan Chapman, Assistant City Engineer
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Approve Amendment No. 2 to Professional Services Agreement with HF&H Consultants, LLC for Refuse Contract Negotiations and SB 1383 Compliance Assistance.
FROM
Ryan Chapman, Assistant City Engineer
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Acceptance of Final Map No. 2021-198 for Condominium Purposed at 330 Lambert Road.
FROM
Ryan Chapman, Assistant City Engineer
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Acceptance of the Berry Street Sidewalk Installation, Project No. 7324.
FROM
Ryan Chapman, Assistant City Engineer
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Brea Police Department’s Board of State and Community Corrections (BSCC) Organized Retail Theft (ORT) Prevention Grant Award Acceptance and Position Allocation Amendments.
FROM
Christopher Harvey, Police Lieutenant
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Adoption of new job descriptions and salary table for the positions of Deputy Director of Administrative Services Department, Deputy Director of Community Services, Information Technology Supervisor, Police Records and Property & Evidence Supervisor, Principal Management Analyst, Principal Human Resources Analyst, and Principal Accountant and amending the position allocation list for FY 2023/24 to reflect the changes, and placing the new classifications in the appropriate employee bargaining unit for representation purposes
FROM
Mario Maldonado, Human Resources Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Monthly Report of Investments for the City of Brea for Period Ended June 30, 2023 FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Monthly Report of Investments for the City of Brea for Period Ended August 31, 2023.
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended August 31, 2023.
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Council Member Reports/Requests gives City Council Members an opportunity to provide reports from outside Boards and Committees and to request items for a future agenda.
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Monthly Report of Investments for the City of Brea for Period Ended June 30, 2023 Copy FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Brea Fire Management Association (BFMA) MOU
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
7. 2023 Legislative Recap and 2024 Brea Legislative Platform Update TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
SB 329 – Inflationary Adjustment of City Council Member Salaries FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Brea Golf Courses High School Team Use
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Arovista Park Modernization Update
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
DISCUSSION ITEMS
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Southern California Association of Governments (SCAG) Delegate and Alternate for the 2024 General Assembly, scheduled for May 2, 2024
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Extended - Award Contract with Urban Habitat in the amount of $16,511,884.55, plus a 10% contingency, TELACU in the amount of $735,890, plus a 10% contingency, David Volz Design in the amount not-to-exceed $75,000 and Geocon West, Inc. in the amount not-to-exceed $250,000 for the Arovista Park Modernization Project, CIP Project No. 7978
TO
Finance Committee Members
FROM
Bill Gallardo, City Manager
RECOMMENDATION
1. Reapprove the Plans and Specifications for the Arovista Park Modernization Project, Capital Improvement Program (CIP) No. 7978 (Phase 1), including Addendums #1, #2, and #3;
2. Receive bids;
3. Adopt Resolution No. 2024-XX to appropriate an additional $13,293,123 from a combination of existing CIP projects and available fund balances described herein;
4. Award Contract to the lowest responsive and responsible bidder, Urban Habitat, in the amount of $16,511,884.55;
5. Authorize the Director of Public Works to issue Change Orders up to a “not-to-exceed” amount of 10% of the Urban Habitat Contract Price;
6. Award a contract to TELACU for Construction Management and Inspection Services for $735,890;
7. Authorize the Director of Public Works to issue Change Orders up to a “not-to-exceed” amount of 10% of the TELACU Contract Price;
8. Award a contract to David Volz, Inc. for Construction Support in an amount “not-to-exceed” $75,000; and
9. Award a contract to GeoCon West, Inc. for Soils Inspection, Materials Testing and Special Inspections in an amount “not-to-exceed” $250,000.
BACKGROUND/DISCUSSION
The Arovista Park Modernization Project, CIP No. 7978 ("Project"), has been programmed in the Capital Improvement Program (CIP) since Fiscal Year 2021-22. Built in 1964, the park's last major renovation occurred in the early 1990s. The Facilities Condition Assessment, dated 2019, commissioned by the City Council, identified the site as being in poor condition and needing refurbishment. On May 4, 2021, in partnership with the Parks, Recreation and Human Services Commission ("Commission"), the City Council directed staff to explore a comprehensive modernization effort for Arovista Park, prioritizing an all-accessible playground and other needed park improvements. Based on this direction, staff completed an extensive community outreach and engagement effort during the remainder of 2021, resulting in an initial concept design for the park, which the Commission and City Council reviewed in the spring of 2022. Soon after that, staff solicited several design firms through a formal Request for Proposal process to select the design firm to complete the Plans, Specifications, and Estimates ("PS&E") for the Project.
In June of 2022, the City Council awarded a Professional Services Agreement to David Volz Design, Inc. ("DVD") to complete the PS&E for the Project. Additionally, on April 18, 2023, and July 2023, the City Council authorized staff to purchase various play equipment and prefabricated restrooms, trash enclosures, and storage facilities to reduce markup and overhead costs. On November 7, 2023, the City Council directed staff to split the Project into two phases. Located on the east side of the Orange County Flood Control Channel within the limits of Arovista Park, adjacent to the Brea Senior Center and Brea Creek Golf Course, is Phase 1. Phase 2 is located west of the Orange County Flood Control Channel, within the park boundary, which extends north to Imperial Highway and southerly to the area known as the Jubilee Grove (See Attachment A - Vicinity Map).
Phase 1 of the Project incorporates many of the major elements within the park site, including an expanded, all-accessible playground, upgraded sports courts, four new pickleball courts, a new restroom facility, an enhanced amphitheater, landscaping, irrigation, a new sound wall, and upgrades to The Tracks at Brea trail system. On December 5, 2023, the City Council approved the Plans and Specifications for the Phase 1 Project and authorized staff to advertise the Project for bids.
On December 14, 2023, the Plans and Specifications ("Bid Documents") were advertised for bids on CIPlist.com and published in the Star Progress paper on December 28, 2023, and January 4, 2024. A hard copy of the Bid Documents were available in the City Clerk's office for review. There were three addenda to the Bid Documents, which clarified the bid opening date and other items within the Bid Documents. Therefore, staff recommends the City Council reapprove the Plans and Specifications for the Phase 1 Project, including the addenda. The Bid Documents and all addenda are available for public review in the City Clerk's office.
On February 1, 2024, staff received two bid proposals. Staff then tabulated the bid proposals and determined that the apparent low bid amount was $16,511,884.55 from Urban Habitat from La Quinta, California (See Attachment B). Table 1 - Bid Summary, includes the bid results of the two bids received.
Table 1 - Bid Summary
While the bids received were higher than the Engineer's estimates, the higher costs are not the result of changes to the Project scope; instead, they are the direct result of factors affecting the construction industry, such as supply and demand issues and inflation. Inflationary factors for labor, equipment, materials, transportation, and goods within the construction industry have caused construction costs to increase faster than consumer prices across the board for the past several years. For example, items such as:
Staff reached out to several cities that recently bid on park projects in the region and found similar economic factors driving their Project costs up, which are greater than the current consumer price index percentage. Staff is uncertain when this inflationary increase in the construction industry will decrease to around the average 3% CPI level in the near future.
However, based on the factors mentioned and review of the lowest bid from Urban Habitat, staff believes the bid amount to be generally in-line with the current construction costs.
Steel poles that support shade sails have increased by 50%.
Asphalt, Concrete, and reinforcement steel costs have increased by 60%.
Hauling and transportation costs have increased by over 50% over the last several years.
Bidder Amount
Urban Habitat $16,511,884.55
Los Angeles Engineering $19,800,000.00
Engineer’s Estimate $13,500,000.00
Founded in 2008, Urban Habitat has completed similar park improvement projects for cities such as Santa Clarita, La Quinta, and Buena Park. Urban Habitat is a recognized general contractor in Southern California, specializing in parks and athletic fields. Staff verified Urban Habitats' California Contractor's license is 963744 – A (General Engineering) and C-27 (Landscape), and the Department of Industrial Relations registration number is 1000003890. Therefore, their bid package meets the City's bid requirements. In addition, staff contacted the cities of La Quinta and Buena Park, where the contractor received a favorable review.
Based on the bid review, staff has determined Urban Habitat's bid to be responsive and that they are a responsible bidder.
Therefore, staff recommends the City Council award a Construction Contract to the lowest responsive and responsible bidder, Urban Habitat, for $16,511,884.55 (see Attachment D). Additionally, staff recommends that the City Council consider authorizing a 10% contingency ($1,651,188) to cover any unanticipated costs.
In support of the Project's construction phase, a team of consultants, along with City staff, will be required to manage, oversee, inspect, and test for the entire duration of the Project, estimated to be 250 working days.
In July of 2023, staff publicly advertised a Request for Proposal for construction management and inspection services that resulted in receiving 12 proposals. Staff conducted several interviews and selected TELACU to perform the construction management and inspection services for this Project based on their experience on similar projects. Staff reviewed their proposal in the amount of $735,890 and is recommending the City Council approve a Professional Services Agreement with TELACU to perform the Construction Management and Inspection Services for the Project (see Attachment E). Additionally, staff recommends the City Council consider authorizing a 10% contingency ($73,589) to cover any unanticipated costs.
Staff is also proposing an on-call contract with the Architect of Record, DVD, in the amount not to exceed $75,000 to assist the City's project managers with issues that arise in the field (see Attachment F). City staff recommends this arrangement to reduce costs and have limited oversight over the Project throughout its entire duration.
As part of the Project, Soils Inspection, Materials Testing, and additional Special Inspections will also be required, primarily through the grading phase and into the remainder of construction. In January 2024, staff issued a Request for Proposals for these services and received three proposals. Upon review of the proposals by a team of City staff, Geocon West, Inc. was selected based on their experience, qualifications, and proposed staffing plan. In addition, Geocon West is the Soils Engineer of Record who prepared the soils report for the Project and is the consultant most knowledgeable. Staff is proposing a not-to-exceed contract of $250,000 to perform the required scope of services (see Attachment G).
In addition to TELACU, David Volz Design and Geocon West, Inc., construction support is required from the various team of consultants that assisted with preparation of the bid specifications and plans. Therefore, to further reduce project costs and markups, staff will directly contract with each consultant on record on a "not-to-exceed"/as-needed basis. As shown in Table 3, the amount allocated for the total Consultants' construction support efforts does not exceed eight percent (8%) of the overall construction cost. Table 2 - On-call Construction Support Consultants Summary, shows the consultants on record, and City staff will procure their agreements under the City purchasing policy.
Table 2 – On-call Construction Support Consultants Summary
SUMMARY/FISCAL IMPACT
In 2021, the Project was originally funded with $680,000 to initiate the design phase and an additional $10,778,000 to fund the eventual construction phase. With the sudden rise in construction costs, City staff informed the City Council of an anticipated funding shortfall at their July 17, 2023 meeting and later received a recommendation by staff to phase the Project at their November 7, 2023 meeting. The Phase One Project budget and shortfall are shown below in Table 3:
Table 3 – Phase One Project Budget
Staff presented several funding options to the City Council in July, December 2023, and February 2024 to cover the funding shortfall based on the estimated costs. From these meetings, the City Council directed staff to first utilize appropriate funding from existing CIP projects where projects have either been completed with remaining balances, or can responsibly be deferred and re-funded at a later date. From these meetings, the City Council directed staff to first utilize appropriate Design Team
Structural Yaghi $48,000
Irrigation Sweeney $25,000
Civil Engineer BKF $25,000
Electrical Design West $15,000
As- Needed Project Manager Interwest $48,000
TOTAL $161,000
Phase One Project Budget Vendor Amount
Expenditures to date: Design, Plan Check & Value
Engineering David Volz Design and Others $1,089,681
Construction Contract Urban Habitat $16,511,884.55
Construction Contract 10% Contingency Urban Habitat $1,651,188 Construction Management & Inspection TELACU $735,890
Construction Management Contract 10%
Contingency TELACU $73,589
Construction Support David Volz Design $75,000
Soils Inspection & Testing Geocon West, Inc. $250,000
Construction Support Consultants
Design Team
Interwest, Yaghi, Sweeny, BKF, Design
West and CSG $160,000
City Purchased Play Equipment $3,078,369
Installation of Westside Restroom/Storage TBD $500,000
Total $24,126,123
Available Funding $10,833,000
Shortfall $13,293,123
funding from existing CIP projects where projects have either been completed with remaining balances, or can responsibly be deferred and re-funded at a later date, or re-funded with better use of funds. For example, Urban Runoff (410) funds Project # 7983 GIS Conversion and # 7952 Tracks. For Project # 7983, the better use of funds to convert sewer plans to GIS is with Sewer Funds. For project # 7952, staff will seek Brownfield Grants to remediate the soil in The Tracks. Based on his direction received by City Council, staff recommends the following funds be appropriated from existing CIP projects to Arovista Park Modernization Project CIP No. 7978 within Table 4:
Table 4 – Recommended Fund Allocations from Existing CIP Projects In addition to utilizing existing dollars budgeted through the Capital Improvement Program, staff is recommending utilizing the fund balances and other sources indicated below in Table 5:
Table 5 – Recommended Fund Allocations
CIP Project Funding Source Recommended
Appropriation
Remaining Project
Balance
7940 – Arovista Restroom Repairs FARP (182) $100,000 $0 7947 – Arovista Lower Parking Lot FARP (182) $211,982 $0 7948 – Arovista Upper Parking Lot FARP (182) $123,408 $0 7914 – Skatepark Upgrade FARP (182) $49,456 $0
7960 – Arovista & Country Hills
Switchgear Upgrade FARP (182) $154,000 $0
7981 – Country Hills Tennis Court
Lights FARP (182) $200,000 $70,000
7987 – Western Park Restrooms FARP (182) $500,000 $225,752 7322 –Country Hills Pavement/Water
Rehabilitation
Gas Tax (220)
Water (420)
$130,000
$800,000
$45,000
$486,783
7957 – Country Hills Irrigation Park Development
(250) $250,000 $0
7932 – City Reclaimed Water
Conservation Water (420) $130,000 $0
7983 – GIS Conversion Urban Runoff (410) $99,000 Utilize Sewer Fund (430)
7952 – Tracks Segment 3 Drainage Urban Runoff (410) $249,000 Utilize Brownfield Grant
TOTAL $2,996,846
Attachments
Attachment A - Vicinity Map
Urban Habitat Proposal
Los Angeles Engineering Proposal
Resolution No. 2024-XX.pdf
Urban Habitat Construction Agreement
TELACU Construction Management & Inspections Agreement
David Volz Design As-Needed Agreement
Staff has prepared Resolution 2024-XX that reflects Tables 4 and 5 recommended funding allocations and appropriations for the Project (see Attachment C). Therefore, if the City Council approves the funding allocations as depicted in Tables 4 and 5, staff recommends the City Council approve Resolution 2024-XX. Upon approval, the funds will be appropriated and re-allocated to the Project pursuant to the Resolution, and City staff will amend the Capital Improvement Program Fiscal Years 2023-25 Budget.
If the City Council approves staff recommendations, Phase One will start construction in April 2024 and be completed by late Summer 2025.
RESPECTFULLY SUBMITTED
William Gallardo, City Manager
Prepared by: Jenn Colacion, Senior Management Analyst
Concurrence: Michael Ho, Public Works Director
Funding Source Recommended
Appropriation
Approximate Remaining Fund
Balance
Building Occupancy Fund Reserves (490) $450,000 $0
Capital Mitigation Improvement Fund (560) $800,000 $230,000 Community Benefit & Economic Development
Fund (140) $1,274,593 $625,000
Revenues over Expenditures FY23 (110) $5,581,684 $0
Air Quality Management District Fund Balance
(240) $290,000 $0
Sewer Fund Balance (Fund 430) $95,000 $5,800,000
Urban Runoff Capital Reserves (410) $85,000 $15,000
Sanitation Fund Reserves (440) $95,000 $475,000
Simon Development Agreement Community
Benefit Contribution $750,000 $250,000
OC Supervisor Chaffee Project Contribution $875,000 $0
TOTAL $10,296,277
Geocon West, Inc. Soils and Special Inspections and Materials Testing Agreement
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BREA TO AMEND THE FISCAL YEARS 2023-2025 OF THE
CAPITAL IMPROVEMENT PROGRAM AND OPERATING
BUDGETS AND RE-ALLOCATE FUNDS FROM EXISTING
CAPITAL IMPROVEMENT PROJECTS AND
APPROPRIATE ADDITIONAL FUNDS FROM FUNDS 110,
140, 182, 220, 240, 250, 410, 420, 430, 440, 490, AND 560 TO THE CAPITAL IMPROVEMENT PROGRAM FUND (510)
FOR PROJECT 7978, AROVISTA PARK MODERNIZATION
PROJECT
A. RECITALS:
(i) The City Council has determined that it is in the best interest of the City of Brea to re-allocate funds from current Capital Improvement Program (CIP) projects in Fund 510 into CIP Project 7978, Arovista Park Modernization Project; and (ii) The City Council has determined that it is in the best interest of the City of Brea to appropriate funds from funds 110, 140, 240, 410, 430, 440, 490, and 560 to the Capital Improvement Program Fund (510) for Project 7978, Arovista Modernization Project for the fiscal years 2023-2025.
B. RESOLUTION:
NOW, THEREFORE, THE CITY OF BREA, HEREBY, RESOLVES, AND ORDERS AS FOLLOWS:
1. Re-allocate $100,000 from CIP Project No. 7940 to Project No. 7978; and
2. Re-allocate $211,982 from CIP Project No. 7947 to Project No. 7978; and
3. Re-allocate $123,408 from CIP Project No. 7948 to Project No. 7978; and
4. Re-allocate $49,456 from CIP Project No. 7914 to Project No. 7978; and
5. Re-allocate $154,000 from CIP Project No. 7960 to Project No. 7978; and
6. Re-allocate $200,000 from CIP Project No. 7981 to Project No. 7978; and
7. Re-allocate $500,000 from CIP Project No. 7987 to Project N0. 7978; and
8. Re-allocate $930,000 from CIP Project No. 7322 to Project No. 7978; and
9. Re-allocate $250,000 from CIP Project No. 7957 to Project No. 7978; and
10.Re-allocate $130,000 from CIP Project No. 7932 to Project No. 7978; and
11.Re-allocate $99,000 from CIP Project No. 7983 to Project No. 7978; and
12.Re-allocate $249,000 from CIP Project No. 7952 to Project No. 7978; and
13.Allocate existing $250,000 from Fund 510 to CIP Project No. 7978; and
14.Appropriate $6,331,684 from the General Fund (110) to the Capital Improvement Program (510) for Project No. 7978; and
15.Appropriate $1,274,593 from the Community Benefit and Economic Development Fund (140) to the Capital Improvement Program (510) for Project No. 7978; and
16.Appropriate $290,000 from the Air Quality Management District Fund (240) to the Capital Improvement Program (510) for Project No. 7978; and
17.Appropriate $85,000 from the Urban Runoff Fund Capital Reserves (410) to the Capital Improvement Program (510) for Project No. 7978; and
18.Appropriate $95,000 from the Sewer Fund (430) to the Capital Improvement Program (510) for Project No. 7978; and
19.Appropriate $95,000 from the Sanitation Fund Reserves (440) to the Capital Improvement Program (510) for Project No. 7978; and
20.Appropriate $450,000 from the Building Occupancy Fund Reserves (490) to the Capital Improvement Program (510) for Project No. 7978; and
21.Appropriate $800,000 from the Capital Mitigation Improvement Fund (560) to the Capital Improvement Program (510) for Project No. 7978.
APPROVED AND ADOPTED this 19th day of March 2024.
Christine Marick, Mayor
ATTEST:
Lillian Harris-Neal, City Clerk
I, Lillian Harris Neal, City Clerk of the City of Brea, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the Council of the City of Brea, held on the 19th day of March 2024 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Dated:
Lillian Harris-Neal, City Clerk
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C O N S T R U C T I O N A G R E E M E N T
AROVISTA PARK MODERNIZATION PROJECT
CIP PROJECT NO. 7978
This Construction Agreement (“Agreement”) is dated _________________, 20__ for reference purposes and is executed by the City of Brea, a California municipal corporation, and Urban Habitat, a California Corporation (“Contractor”). Contractor’s CSLB license number is 963744 A, C-27.
Contractor’s DIR registration number is 1000003890.
R E C I T A L S
A. City duly solicited, received, publicly opened, and declared bids for the following public works project: AROVISTA PARK MODERNIZATION PROJECT, CIP PROJECT NO. 7978 (“Project”).
B. City selected Contractor as the lowest responsive and responsible bidder for the Project.
C. The parties are executing this Agreement to provide for Contractor’s furnishing of labor, equipment, and material for the construction of the Project.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, City and Contractor hereby agree as follows:
1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment and shall do the work for the construction of the AROVISTA PARK MODERNIZATION PROJECT, CIP PROJECT NO. 7978 (“Project”). Such work shall be performed in accordance with contract documents for this Project on file in the office of the City Engineer and in accordance with bid prices, plans, and specifications more fully described in Section 4, below, and in accordance with the instructions of the Public Works Director (collectively, “Work”).
Contractor shall at all times comply with applicable laws and City policies.
2. CONTRACT PRICE AND PAYMENT:
A. As total and complete compensation for satisfactorily completing the Work, City shall pay to Contractor the prices set forth in Contractor’s bid amount of $ 16,511,884.55. Progress payments shall be made for each portion of the Work satisfactorily completed. Notwithstanding the foregoing, City shall be authorized to withhold a retention from payments in the maximum amount permitted by law.
B. At the written request and expense of Contractor, securities equivalent to any moneys withheld by City to ensure performance of this Agreement shall be deposited with City, or with a state or federally chartered bank in the State of California as the escrow agent, that shall then pay those moneys to Contractor. Upon satisfactory completion of this Agreement, the securities shall be returned to Contractor. Alternatively, Contractor may request that City make payment of retentions earned directly to the escrow agent at the expense of Contractor. At the expense of Contractor, Contractor may direct the investment of the payments into securities, and Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by Contractor.
C. Upon satisfactory completion of this Agreement, Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from City pursuant to the terms of this Section. Securities eligible for investment shall include those listed in Government D-2
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Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security to which the parties agree in writing. Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon.
D. If Contractor elects to receive interest on moneys withheld in retention by City, then Contractor shall, at the request of any subcontractor performing more than five percent of Contractor’s total bid amount, make that option available to the subcontractor regarding any moneys withheld in retention by Contractor from the subcontractor. Further mandatory details are provided in Public Contract Code Section 22300(d).
E. The escrow agreement for security deposits in lieu of retention shall be substantially similar to the form provided in Public Contract Code Section 22300(f).
3. CUSTOMER CARE: Contractor, while fulfilling the terms of this Agreement, shall provide exceptional customer care. Any negative contact with City staff, residents, businesses, visitors, or other contractors shall be reported by Contractor immediately to City. Contractor’s management and supervisory personnel shall intercede to resolve or mitigate the negative contact in conjunction with City staff. The parties may agree in advance to a single person contact, a representative of either City or Contractor, for the investigation and response to complaints.
4. INCORPORATED DOCUMENTS: The plans and specifications referenced in Section 1, above, the Notice Inviting Sealed Bids attached hereto, the Instructions to Bidders (including attachments), and, unless omitted from such Notice, the 2018 edition of “Standard Specifications for Public Works Construction” (“Standard Specifications”), as amended by the Contract Documents, all of which are incorporated by reference herein, and this written agreement (collectively, “Contract Documents”), shall constitute the entire agreement between the parties. This Agreement is intended to require a complete and finished piece of work, and Contractor shall perform all work necessary to properly complete the Work and the Project in accordance with applicable laws, whether set out specifically in the Contract Documents or not. Should it be ascertained that any inconsistency exists between any of the Contract Documents, the provisions of this Agreement shall control.
5. COMPLETION DATE / LIQUIDATED DAMAGES:
A. Contractor shall complete the Project within 250 working days from the date of the Notice to Proceed.
B. Liquidated damages will be assessed in the amount of $1,700.00 for each calendar day in excess of the contract time for the Project beyond the Project Completion Date. City may deduct liquidated damages from any monies due or that may become due Contractor. Progress payments made after the completion date shall not constitute a waiver of liquidated damages.
6. TERMINATION:
A. City may terminate this Agreement for convenience without penalty at any time upon 30 days’ written notice to Contractor. In such event, City shall pay Contractor for all services satisfactorily rendered prior to date of termination, which in any case shall not exceed the total contract price, and such payment shall be in full satisfaction of all services rendered.
B. If Contractor breaches this Agreement and fails to cure such breach within seven days of written notice, then City may immediately terminate this Agreement for cause.
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7. INSURANCE:
A. Contractor shall not commence work until it has obtained all insurance required hereunder from a company or companies acceptable to City, nor shall Contractor allow any subcontractor to commence work on its subcontract until all insurance required of the subcontractor has been obtained. Contractor shall take maintain the following policies of insurance:
i. Compensation insurance: Before beginning work, Contractor shall furnish to City a certificate of insurance as proof that it has taken out full compensation insurance for all persons whom Contractor may employ directly or through subcontractors in carrying out the Work, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this Agreement. Further, such policy of insurance shall provide that the insurer waives all rights of subrogation against City and its elected officials, officers, employees and agents. In accordance with the provisions of Labor Code Section 3700, every contractor shall secure the payment of compensation to its employees. Contractor, prior to commencing work, shall sign and file with City a certification as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake selfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract.” ii. For all operations of Contractor or any subcontractor in performing the Work, insurance with the following minimum limits and coverage:
a. Commercial General Liability (occurrence) - for bodily injury, death, and property damage products/completed operations and all other activities undertaken by Contractor in the performance of this Agreement.
b. Comprehensive Automobile Liability (occurrence) - for bodily injury, death, and property damage, insuring against all liability arising out of the use of any vehicle. c. Owner’s and Contractor’s Protective (occurrence) - for bodily injury, death, and property damage arising out of any activities undertaken by Contractor in the performance of this Agreement.
d. Other required insurance, endorsement, or exclusions, as required by the Contract Documents.
B. The policies of insurance required in paragraph (A)(ii) above shall have no less than the following limits of coverage:
i. $2,000,000 for bodily injury or death;
ii. $2,000,000 for property damage; and
iii. The total of the limits specified in subsections (i) and (ii) above, where a combined single limit is provided.
C. Each such policy of insurance required in paragraph (A)(ii) above shall:
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i. Be subject to no deductible amount unless otherwise provided, or approved in writing by City.
ii. Be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated A/VII or better according to the most recent A.M. Best Co. Rating Guide. iii. Name as additional insureds City, its elected officials, officers, employees, attorneys, and agents, and any other parties including subcontractors, specified by City to be included.
iv. Specify that it acts as primary insurance and that no insurance held or owned by the designated additional insureds shall be called upon to cover a loss under such policy. v. Specify that it applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. vi. Contain a clause substantially in the following words:
“It is hereby understood and agreed that this policy may not be canceled nor the amount of coverage thereof reduced until 30 days after receipt by the City of Brea of written notice of such cancellation or reduction of coverage as evidenced by receipt of such notice by registered letter.”
vii. Specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. viii. Specify that the insurer waives all rights of subrogation against the named additional insureds.
ix. Specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys’ fees, shall be paid in addition to and shall not deplete any policy limits.
x. Otherwise be in form satisfactory to City.
D. Prior to commencing performance under this Agreement, Contractor shall furnish City with original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by City before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to their expiration of any required policies of insurance.
E. The insurance obligations under this Agreement shall be: (i) all the insurance coverage and/or limits carried by or available to Contractor; or (ii) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to City. No representation is made that the minimum D-5
Arovista Park Modernization Project CIP 7978
insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement.
8. LABOR CODE COMPLIANCE:
A. Contractor acknowledges that the Work required is a “public work” as defined in Labor Code Section 1720 et seq. Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. The applicable prevailing rates can be found on the following website: http://www.dir.ca.gov/OPRL/pwd/. For federally funded projects, Davis-Bacon requirements apply, and the appropriate wage determinations can be found in the project specifications. Contractor shall ascertain all prevailing wages applicable to the Project and shall cause a copy of such wage determinations to be posted at the job site.
B. Pursuant to Labor Code Section 1775, Contractor and all subcontractors shall, as a penalty to City, forfeit not more than $200 for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for work done under this Agreement by Contractor or, except as provided in Section 1775(b), by any subcontractor.
C. Contractor shall comply with and be bound by the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with Section 1777.5 for all apprenticeable occupations. Prior to commencing the Work, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
D. Eight hours of labor shall constitute a legal day’s work for all workmen employed in the execution of this Agreement, and Contractor and all subcontractors shall comply with and be governed by the laws of the State of California having to do with working hours.
E. Contractor and all subcontractors shall, as a penalty to City, forfeit $25 for each worker employed in the execution of this Agreement by Contractor or a subcontractor for each calendar day during which the worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the Labor Code.
F. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: (i) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; (ii) certify and make such payroll records available for inspection as provided by Section 1776; and (iii) inform City of the location of the records. Contractor and each subcontractor shall comply with and be bound by the provisions of Labor Code Section 1771.4(a)(3), which requires that each contractor and each subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner at least monthly, in a format prescribed by the Labor Commissioner.
G. For every subcontractor who will perform work on the Project, Contractor shall be responsible for such subcontractor’s compliance with Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815, and Contractor shall include in the written contract between it and each subcontractor D-6
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copies of Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815 and a requirement that each subcontractor shall comply with these statutes. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure each subcontractor’s compliance, including conducting a periodic review of the certified payroll records of the subcontractor. Upon becoming aware of a failure of the subcontractor to pay its workers the specified prevailing rate of wages, Contractor shall diligently take corrective action to halt or rectify the failure.
H. Contractor truthfully represents that at the time Contractor submitted its bid for this Project, and thereafter, Contractor possessed, and now possesses the required license(s) from the State Contractors State Licensing Board, and as required in the Contract Documents, as well as all permits, qualifications, insurance and approvals of any nature that are legally required of Contractor to practice its trade(s) and complete the Project. Contractor agrees to not be debarred at any time through the duration of this Agreement. Contractor has investigated and represents and will ensure that all subcontractors possessed and now possess a valid specialty trade license in its trade, as well as all permits, qualifications, insurance and approvals of any nature that are legally required of the subcontractor to practice its trade during the term of this Agreement and at the time Contractor’s bid was submitted. All general building contractor licensees must comply with Business and Professions Code Section 7057. Contractor and all subcontractors must comply with business license requirements of City. Contractor shall not perform work with any debarred subcontractor pursuant to Labor Code Section 1777.1 or 1777.7.
9. UNRESOLVED DISPUTES:
A. In the event that a dispute arises between the parties regarding whether the conditions materially differ, involve hazardous waste, or cause a decrease or increase in Contractor’s cost of or time required for performance of any part of the Work, Contractor shall not be excused from the Completion Date, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. In the event of any dispute or controversy with City over any matter whatsoever, Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. This includes disputed time extension requests and prices for changes. The disputed work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by agreement or a court of law. Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters.
B. All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to the dispute procedures set forth in Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq., to the extent each is applicable. This Agreement hereby incorporates those provisions as through fully set forth herein. Thus, Contractor or any subcontractor must file a claim in accordance with the Government Claims Act as prerequisite to filing a construction claim in compliance with Section 9204 and Section 20104 et seq. (if applicable), and must then adhere to Section 20104 et seq. and Section 9204, as applicable, with respect to any asserted “claim,” as individually defined in those Sections.
10. ANTI-TRUST CLAIMS: In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to this Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further action or acknowledgment by the parties.
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11. THIRD PARTY CLAIMS: Pursuant to Public Contract Code Section 9201, City has full authority to compromise or otherwise settle any claim relating to this Agreement at any time. City shall timely notify Contractor of the receipt of any third-party claim relating to this Agreement. City shall be entitled to recover its reasonable costs incurred in providing the notification required by Public Contract Code Section 9201(b).
12. RIGHT TO AUDIT: City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by City. Additionally, pursuant to Government Code Section 8546.7, if this Agreement involves the expenditure of public funds in excess of $10,000, Contractor shall be subject to State Auditor examination and audit at the request of City or as part of any audit of City, for a period of three years after final payment under this Agreement.
13. TRENCHING AND EXCAVATIONS:
A. If the Project involves trenching more than four feet deep, Contractor shall promptly and before the following conditions are disturbed notify City in writing of any: (i) material that Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (ii) subsurface or latent physical conditions at the site differing from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement. City shall investigate the conditions, and if City finds that the conditions do materially differ or do involve hazardous waste and cause a decrease or increase in Contractor’s cost of or the time required for performance of any part of the Work, City shall issue a change order.
B. In addition, whenever work under this Agreement involves an estimated expenditure in excess of $25,000 for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by City or by a registered civil or structural engineer employed by City to whom authority to accept has been delegated, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by Contractor, and all costs therefor shall be included in the contract price herein for completion of the Work as set forth in this Agreement. Nothing in this provision shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this provision shall be construed to impose tort liability on City or on any City officer, agent, or employee. All plans, plan review, processing, and shoring costs are Contractor’s financial and legal responsibility.
14. UTILITIES: City acknowledges its responsibilities under Government Code Section 4215 concerning existing utilities.
15. LOCATION OF EXISTING ELEMENTS: The methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by City.
Contractor must strictly comply with all applicable requirements of Government Code Section 4216 et seq. Prior to commencement of the Work, Contractor, at its sole expense, must make all investigations D-8
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necessary to determine locations of existing elements, which may include contacting Underground Service Alert and other private underground locating firm(s), utilizing specialized locating equipment, hand trenching, or both. Contractor must provide City with every Dig Alert Identification Number issued by Underground Service Alert during the course of the Project. Contractor shall be responsible for preserving the integrity of the existing underground utilities and elements at the site.
16. CONTRACTOR’S LIABILITY:
A. City and its officers, agents, and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the Work or any part thereof, or for any of the materials or other things used or employed in performing the Work; or for injury or damage to any person or persons, either workers, employees of Contractor or its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the Work. Contractor shall be responsible for all damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the Work or at any time before its completion and final acceptance.
B. To the maximum extent permitted by law, Contractor will defend, indemnify, and hold City, its elected officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) free and harmless with respect to any and all actions, claims, liens, stop notices, damages to persons or property, penalties, obligations, and liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other entity in any way arising out of or in connection with the acts, omissions, willful misconduct, work, operations, breach of this Agreement, violation of the Labor Code or any other code or regulation, and/or activities of Contractor, its agents, employees, subcontractors, or invitees in or related to the performance of this Agreement (collectively, “Claims”), whether or not there is concurrent passive or active negligence on the part of any of the Indemnitees, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of any of the Indemnitees, as determined by a final court decision or agreement of the parties.
C. Contractor will defend any action or actions filed in connection with any Claims and will pay all costs and expenses, including actual attorneys’ fees incurred in connection therewith.
D. Contractor will promptly pay any judgment rendered against Contractor or any of the Indemnitees as a result of any Claims, and Contractor agrees to indemnify and save and hold the Indemnitees harmless therefrom.
E. In the event any Indemnitee is made a party to any action or proceeding filed or prosecuted against Contractor in connection with any Claims, Contractor shall pay to the Indemnitees any and all costs and expenses incurred by the Indemnitees in such action or proceeding together with actual attorneys’ fees.
F. So much of the money due to Contractor under and by virtue of this Agreement, as shall be considered necessary by City, may be retained by City until Contractor has satisfied its indemnity obligations under this Section.
17. ASSIGNMENT: Contractor shall not assign or transfer any interest in this Agreement or any part thereof, whether by assignment or novation, without City’s prior written consent. Any purported assignment without written consent shall be null, void, and of no effect, and Contractor shall D-9
Arovista Park Modernization Project CIP 7978
hold harmless, defend and indemnify City and its officers, officials, employees, agents, and representatives with respect to any claim, demand, or action arising from or relating to any unauthorized assignment.
18. CONTRACTOR’S REPRESENTATIONS: Contractor represents, covenants and agrees that: (i) Contractor is qualified and capable of furnishing the labor, materials, and expertise necessary to perform the Work in accordance with the terms and conditions set forth in this Agreement; (ii) there are no obligations, commitments, or impediments of any kind that will limit or prevent Contractor’s full performance under this Agreement; (iii) there is no litigation pending against Contractor or any owner or officer thereof, involving alleged theft, dishonesty, or fraud involving a public works project, and neither Contractor nor any owner or officer thereof is the subject of any criminal investigation or proceeding involving a public works project; and (iv) to Contractor’s actual knowledge, neither Contractor nor any owner or officer thereof has been convicted of a felony involving theft, dishonesty, or fraud in connection with a public works project, within the last 10 years.
19. NOTICES: Except as otherwise required by law, any notice, payment, or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (i) the day of delivery if delivered by hand or overnight courier service during City’s regular business hours or (ii) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other:
To City: To Contractor:
Director of Public Works Brett Brennan - President
City of Brea Urban Habitat
1 Civic Center Circle PO Box 1177
Brea, California 92821 La Quinta, California 92247
20. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, or on any other basis specified in Government Code Section 12940. Every contractor for public works violating this section is subject to all the penalties imposed for a violation of Labor Code Section 1720 et seq. in accordance with the provisions of Section 1735 of such Code.
21. APPLICABLE LAW: The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding the choice of law rules. Venue for any such action relating to this Agreement shall be in the Orange County Superior Court.
22. INCORPORATION OF MANDATORY LANGUAGE: Each and every provision required by law to be inserted in this Agreement shall be deemed to be inserted and this Agreement shall be read and enforced as though such provision were included. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon request of either party this Agreement shall promptly be amended to make such insertion or correction.
23. ENTIRE AGREEMENT: This Agreement, including the Contract Documents, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between the parties. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement.
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Arovista Park Modernization Project CIP 7978
24. NON-WAIVER OF TERMS: Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
25. AUTHORITY: Any person executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
26. COUNTERPARTS: This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. [SIGNATURES ON FOLLOWING PAGE]
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Arovista Park Modernization Project CIP 7978
TO EXECUTE THIS AGREEMENT, the parties have caused their authorized representatives to sign below.
URBAN HABITAT
____________________________________ ____________________________________ □ Chairperson □ President □ Vice President □ Secretary □ Asst. Secretary □ Chief Finance Officer □ Asst. Treasurer
[Pursuant to California Corporations Code Section 313, both signature lines must be executed unless the signatory holds at least one of the offices designated on each line.]
CITY OF BREA
By: _____________________________
Mayor
Attest: _____________________________
City Clerk
1 Agreement No. 2024.01.30.104
Professional Services Agreement
This Professional Services Agreement ("Agreement") is dated Tuesday, March 19, 2024 for reference purposes and is executed by the City of Brea, a California municipal corporation (“City”), and TELACU Construction Management a C Corporation ("Consultant").
RECITALS
A. City desires to retain Consultant as an independent contractor to provide the following Professional Services: Construction Management and Inspection Services for the Arovista Park Modernization Project CIP No. 7978 for Public Works.
B. Consultant represents that it is duly licensed, fully authorized by law, and has the necessary experience and qualifications, to provide such services.
NOW, THEREFORE, the parties agree as follows:
AGREEMENT
1. Scope of Services.
Consultant shall perform the services referenced in the Recitals and more specifically described in the Scope of Services set forth in the attached Exhibit A, and as otherwise required by this Agreement, all to City’s satisfaction (collectively, “Services”).
2. Compensation
A. City shall pay for the Services satisfactorily performed, in accordance with the Fee Schedule set forth in the attached Exhibit A.
B. In no event shall the total amount paid for the Services exceed the all-inclusive lump sum of $ 736,000.00 (“Contract Amount”). This amount covers and is inclusive of all labor, materials, and any and all other costs incurred by Consultant in performing the Services.
Consultant shall be deemed to have made all inquiries and site inspections deemed necessary by Consultant prior to execution of this Agreement.
C. Unless the Fee Schedule calls for payment of a one-time flat fee, periodic payments for undisputed work shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Consultant’s invoices shall indicate the amount of time spent on each task and the applicable rate.
D. Unless the Fee Schedule calls for payment on a different schedule, Consultant shall invoice City on a monthly basis.
3. Contingency Work.
2 A written amendment to this Agreement shall be executed for contingency work that increases the Contract Amount by more than 10.00% Contingency work that is below the foregoing limit may be approved in writing by the Public Works Director, or designee. Contractor’s invoice shall include a detailed description of any approved contingency work.
4. Term.
The term of this Agreement shall commence Tuesday, March 19, 2024 (“Effective Date”).
Unless extended or earlier terminated as provided herein, this Agreement shall expire upon satisfactory completion of the Services. .
5. Time of Performance.
A. Consultant shall commence the Services on the above Effective Date and shall complete the Services within the term of this agreement, and shall meet any other established and agreed upon schedules and deadlines agreed upon in writing.
B. Force Majeure. Neither party shall be considered in default of this Agreement for delays in performance caused by a force majeure event. As used in this Agreement, the term “force majeure event” means circumstances beyond the reasonable control of the non-performing party and includes the following: abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; or judicial restraint. Consultant’s lack of financial capability, shall not constitute a force majeure event unless directly attributable to any of the foregoing events.
C. Should a force majeure event occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
6. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to the Services, including costs incurred, shall be maintained by Consultant and made available for review by City at all reasonable times during the term of this Agreement and for four (4) years from the date of final payment by City.
7. Standard of Care.
Contractor’s Services shall be performed in accordance with the generally accepted professional standards of practice and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently performing similar services under similar conditions. Contractor shall maintain all professional licenses and 3 certifications required to lawfully perform the Services.
8. Compliance with Law.
A. Consultant shall comply with all applicable laws including Cal/OSHA requirements.
B. Consultant shall obtain a City of Brea business license.
C. Consultant shall comply with all applicable provisions included in the attached Special Provisions Section.
9. Assignment and Subcontracting.
A. Consultant shall not assign or transfer this Agreement or any rights or obligations under, or any interest in this Agreement, or subcontract any required performance hereunder, without the prior written consent of City, which may be withheld for any reason. City shall be deemed to have approved Consultant’s utilization of subcontractors identified in Consultant’s proposal for the Services.
B. Any attempt to so assign, transfer, or subcontract without City’s prior written consent shall be void and shall constitute grounds for City’s termination of this Agreement. Authorized subcontracts shall contain a provision making the subcontractor subject to all requirements of this Agreement.
C. If use of a subcontractor is approved, then City may withhold 5% of each monthly payment to Consultant. Such retention shall be released upon City’s receipt of an unconditional release of all claims signed by any such subcontractor, as to work performed to date.
10. Independent Contractor.
A. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant is or shall become an employee of City.
B. Consultant will determine the means, methods, and details by which Consultant’s personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.
C. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City. Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of the Services. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform the Services.
Consultant shall perform the Services off of City premises at locations of Consultant’s choice, except as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product, or as may be necessary to inspect or visit City locations. City may make a computer available to 4 Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services.
D. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with the Services. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Consultant and its officers, employees, agents, and subcontractors shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) or any other retirement program, as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits or any other retirement benefits.
11. PERS Compliance.
The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees.
Consultant agrees that, in providing its employees and any other personnel to City to perform the Services, Consultant shall assure compliance with the Public Employees’ Retirement Law (Government Code Section 20000 et seq.), the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013 (Government Code Section 7522 et seq.). Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
12. Insurance.
Unless otherwise permitted or waived in writing by City’s Risk Manager, Consultant shall not commence work until it has secured all insurance required under this section and provided evidence thereof that is acceptable to City. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.
A. Commercial General Liability
i. Consultant shall take out and maintain, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to City.
ii. Coverage for Commercial General Liability insurance shall be at least as broad as the following:
a. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
5 iii. Commercial General Liability Insurance must include coverage for the following:
a. Bodily Injury and Property Damage
b. Personal Injury/Advertising Injury
c. Premises/Operations Liability
d. Products/Completed Operations Liability
e. Aggregate Limits that Apply per Project
f. Contractual Liability with respect to this Agreement g. Broad Form Property Damage
h. Independent Consultants Coverage
iv. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to this Agreement.
v. The policy shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. vi. The general liability coverage may utilize deductibles or provide coverage excess of a self-insured retention, only if approved by City’s Risk Manager in writing, and further provided that such deductibles shall not apply to coverage of the additional insureds.
B. Automobile Liability
Automobile Liability Insurance is required for this Agreement as follows: i.
Contractor shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to City. ii. Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). iii.
The policy shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds. iv. Subject to City’s written approval, the automobile liability coverage may utilize deductibles or provide coverage excess of a self-insured retention, provided that such deductibles shall not apply to coverage of the additional insureds.
C. Workers’ Compensation/Employer’s Liability
Workers' Compensation and Employer's Liability Insurance is required for this Agreement as follows: i. Contractor certifies that Contractor is aware of the provisions of Labor Code Section 3700 which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she/it will comply with such provisions before commencing work under this Agreement. ii. Contractor shall 6 maintain full compensation insurance for its employees in accordance with the Workers’ Compensation and Insurance Act (Labor Code Section 3200 et seq.) and Employer’s Liability Coverage in amounts indicated herein. Contractor shall require all subcontractors to obtain and maintain workers’ compensation coverage of the same type and limits as specified in this section.
D. Professional Liability (Errors and Omissions)
Contractor shall maintain professional liability or errors and omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to City and with the limits required herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy coverage form specifically designed to protect against acts, errors or omissions of Contractor in the performance of professional services. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of ”the insured and must include a provision establishing the insurer's duty to defend.
E. Cyber Liability
Contractor shall maintain cyber liability insurance providing protection against claims and liabilities arising from: (i) errors and omissions in connection with maintaining security of City Data (as defined below); (ii) data breach including theft, destruction, and/or unauthorized use of City Data; (iii) identity theft including bank charges assessed; and (iv) violation of privacy rights due to a breach of City Data.
F. Minimum Policy Limits Required
i. A.M. Best's Rating
Each policy of insurance required herein shall be from a company or companies having a current A.M. Best's rating of no less than A:VII and admitted and authorized to transact the business of insurance in the State of California.
ii. The following insurance limits are required for this Agreement:
a. Commercial General Liability
$1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage
b. Automobile Liability
$2,000,000 per occurrence (any auto) for bodily injury and property damage c. Workers' Compensation and Employer's Liability
In the amount required by California law for Workers’ Compensation Limit. $1,000,000 per occurrence for Employer's Liability
7 d. Professional Liability
$2,000,000 per claim and aggregate (errors and omissions) e. Cyber Liability
$2,000,000 per occurrence
ii. Defense costs shall be payable in addition to the limits. iii. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.
G. Proof of Insurance
Within five days of execution of this Agreement, but prior to commencement of the Services, Consultant shall file with City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
H. Policy Provisions Required
i. Consultant shall provide City at least 30 days prior written notice of cancellation of any policy required by this Agreement, except that Consultant shall provide at least 10 days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, Consultant shall deliver renewal certificate(s) including the required additional insured endorsement to City at least 10 days prior to the effective date of cancellation or expiration.
ii. The Commercial General Liability Policy and Automobile Liability Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by City or any additional insureds shall not be called upon to contribute to any loss.
iii. The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. If a “claims-made” professional liability policy is provided, it shall include an extended reporting period of not less than three years. iv.All required insurance coverages, except for the professional and cyber liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of City, its officials, officers, employees, agents, servants, designated volunteers and agents 8 serving as independent contractors in the role of City officials, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
v. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve Consultant from liability in excess of such coverage, nor shall it limit Consultant’s indemnification obligations to City or preclude City from taking such other actions available to City under other provisions of this Agreement or law.
I. Additional Insurance Provisions
i. The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of such insurance by City, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Consultant pursuant to this Agreement, including the provisions concerning indemnification.
ii. If at any time during the term of this Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, 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 terminate this Agreement for cause.
iii. City may require Consultant to provide for inspection by City, complete copies of all insurance policies in effect for the duration of the Agreement. iv. No City official, officer, employee, agent or volunteer shall be personally responsible for any liability arising under or by virtue of this Agreement. v. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement.
J. Subcontractor Insurance Requirements
Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to City that it has secured all insurance required under this section. Policies of commercial general liability insurance provided by such 9 subcontractors shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials as additional insureds, using ISO form CG 20 38 04 13 or an endorsement providing the same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors.
13. Indemnification.
A. Other than in the performance of professional services, and to the fullest extent permitted by law, Contractor shall defend (with counsel reasonably approved by City), indemnify and hold City, its officials, officers, attorneys, agents, employees, servants, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) free and harmless with respect to any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages, stop notices and/or injury of any kind, in law or equity, to property or persons, including bodily injury, wrongful death, personal injury and property damage, and destruction, or unauthorized access to, use, and/or theft of City Data(collectively, “Claims”) in any manner and to the extent arising out of, pertaining to, or incidental to any act, error, omission, or willful misconduct of Contractor, its owners, officials, officers, employees, servants, subcontractors, contractors or agents (and/or any entity or individual for whom Contractor shall bear legal liability) in connection with the performance of the Services including the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses actually incurred in connection with such defense. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, or by City or any of the other Indemnitees. Contractor shall have no liability hereunder for claims and liabilities arising out of the sole, active negligence of any of the Indemnitees.
B. Professional Services. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees, from and against any and all Claims, whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of Contractor, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (and/or any entity or individual for whom Contractor shall bear legal liability) in the performance of professional services under this Agreement. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs, actually incurred in connection with such defense.
C. Contractor’s obligations under this Section shall survive the expiration or termination of this Agreement.
14. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California without regard for change of venue laws. If any action is brought to interpret or enforce any 10 term of this Agreement, the action shall be brought in a state or federal court situated in the County of Orange, State of California. Consultant must comply with the claim procedures set forth in the Government Claims act (Government Code Section 810 et seq.) prior to filing any lawsuit against City.
15. Termination.
A. City may terminate any portion or all of the Services or this Agreement with or without cause by giving 10 days’ written notice to Consultant. In such event, City shall be immediately given title to and possession of all Work Product (as defined) below and original field notes, drawings and specifications, written reports and all other documents produced or developed pursuant to this Agreement. Provided Consultant is not then in breach, City shall pay Consultant for any portion of the Services satisfactorily completed prior to termination. If termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by the parties. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation resulting from such termination.
B. Consultant may terminate this Agreement only for cause and by serving written notice of termination to City, provided Consultant has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice.
16. Ownership of Work Product.
A. All draft and final reports, documents, and other written material, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Contractor in the performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made for hire” for the benefit of City. All Work Product and any and all intellectual property rights arising from their creation, including all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made, provided that any such use shall be at City’s sole risk. Contractor shall not obtain or attempt to obtain copyright protection as to any of the Work Product. Contractor agrees that the compensation set forth in Section 2 of this Agreement includes conveyance to City of ownership of all Work Product, including intellectual property rights, as provided in this Section 16. B. Contractor hereby assigns to City all rights of ownership to the Work Product, including any and all related intellectual property and proprietary rights, that are not otherwise vested in City pursuant to subsection A above. C. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment or Contractor 's default, City shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose. Contractor shall defend, indemnify and hold City, and the other Indemnitees harmless from any and all losses, claims or liabilities in any way related to a claim that City’s use of any 11 of the Work Product violates federal, state or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products, ideas or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. Contractor’s obligations under this Section shall survive the expiration or termination of this Agreement.
17. Data Security.
A. As used in this Agreement, “City Data” means any and all information and data provided or made accessible, directly or indirectly, to Contractor by City, or otherwise acquired from City, in connection with Contractor ’s performance of the Services. Except where subject to a third party’s intellectual property rights, any and all City Data is solely owned by City. Contractor is granted a limited, non-exclusive, and revocable license to use City Data solely as necessary to perform the Services. At no time shall Contractor use City Data for its own purposes, or sell, disclose or disseminate City Data, except as required by law or to provide the Services. At all times herein, Contractor shall protect and maintain the security of City Data using methods providing not less than the level of security Contractor uses for its own confidential data, and that otherwise comply with recognized industry data security standards applicable to similar kinds of governmental data and information. B. To the extent any City Data consists of personal information as defined in Consumer Privacy Act (Civil Code Section 1798.100 et seq.), Contractor shall comply with that statute and with Civil Code Section 1798.82 including providing the required notifications in the event of any unauthorized access of personal information stored, maintained, accessed, used or transmitted by Contractor in connection with this Agreement. Notwithstanding the foregoing, Contractor shall within 24 hours notify the City Representative by telephone and in writing of any unauthorized access of City Data.
Thereafter, Contractor shall render any assistance to City and law enforcement as necessary to ascertain the nature and extent of such unauthorized access. C. Contractor shall not store City Data using cloud-based storage without City’s prior, written consent, unless the use of such storage is clearly described in the Scope of Services. Where permitted herein, any and all cloud-based storage shall be on servers and other hardware located within the continental United States, and shall be in compliance with ISO/IEC 27001 - 27018, as applicable, unless otherwise agreed to in writing by the City Representative.
18. Party Representatives.
City hereby designates Michael Ho, or such person’s designee, as the City Representative for this Agreement.
Consultant hereby designates Blaine Yoder, or such person’s designee, as Consultant’s 12 Representative for this Agreement, unless and until written notice of a new representative acceptable to City is provided to City.
The foregoing representatives shall be authorized to provide consent where required herein, and to make other administrative decisions that will be binding on their respective party, except as otherwise specifically required herein.
19. Notices.
Any notices, invoices, or other documents related to this Agreement shall be deemed received on: (a) the day of delivery, if delivered by hand during the receiving party’s regular business hours or by e-mail before or during the receiving party’s regular business hours; (b) the business day after delivery, if delivered by e-mail after the receiving party’s regular business hours; or (c) on the second business day following deposit in the United States mail, certified mail with return receipt requested and postage prepaid, to the addresses listed below, or to such other addresses as the parties may, from time to time, designate in writing.
City
City of Brea
1 Civic Center Circle
Brea, CA 92821
Michael Ho
[email protected]
Consultant
TELACU Construction Management
604 N. Eckhoff Street
Orange, CA 92868
Blaine Yoder
[email protected]
(714) 990-7698 (714) 801-3849
20. Third Party Rights.
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Consultant.
21. Conflicts of Interest.
A. Consultant covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. Consultant certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City.
B. Consultant further covenants that, in the performance of this Agreement, no subcontractor or person having any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services shall be employed. Consultant has provided City with a list of all City-approved subcontractors and the key personnel for such subcontractors that are retained or to be retained by Consultant in connection with the performance of the Services, to assist City in affirming compliance with this Section. 13 C. Consultant maintains and warrants 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 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. If required, Consultant further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City Clerk as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to terminate this Agreement without liability. No director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
22. Severability.
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.
23. Successors and Assigns.
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of the parties.
24. Non-Waiver.
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specified in writing, and any such waiver shall be limited to that set of circumstances and not to any future circumstances unless another written waiver is executed.
25. Time of Essence.
Time is of the essence in each and every provision of this Agreement.
26. City’s Right to Employ Other Consultants.
City reserves its right to employ other Consultants to provide the Services or similar services.
27. Exhibits.
The attached Exhibit A is incorporated herein by reference. In the event of any conflict or inconsistency between the provisions of this Agreement and any Exhibit, the provisions of this Agreement shall govern.
28. Entire Agreement.
This Agreement represents the entire understanding of the parties as to the Services, and 14 supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both parties. This is an integrated Agreement.
[SIGNATURES ON FOLLOWING PAGE]
15 TO EXECUTE THIS AGREEMENT, the Parties have caused their authorized representatives to sign below. Digital Signatures are acceptable if they conform to all requirements of California Government Code Section 16.5.
TELACU Construction Management
By: By:
John Clem
President
[email protected]
Date Signed: Date Signed:
[Corporation: pursuant to California Corporations Code Section 313, both signature lines must be executed unless the signatory holds at least one of the offices designated on each line. Limited liability company: Pursuant to California Corporations Code Section 17703.01(d), both signature lines must be executed unless the articles of incorporation state that the firm is managed by only one manager.] City of Brea Attest (if over $25,000)
By: By:
Christine Marick Lillian Harris-Neal
Mayor City Clerk
Date Signed: Date Signed:
16 SPECIAL PROVISIONS
No Special Provisions required for this Agreement.
17 EXHIBIT A
SCOPE OF SERVICES AND FEE SCHEDULE
(Consultant's proposal attached)
TELACU Construction Management
604 N. Eckhoff St.
Orange • CA 92868
T 714.547.2390
F 714.541.9411
www.TELACU.com
December 18, 2023
City of Brea
Michael Ho, Director of Public Works
545 N. Berry St.
Brea, CA 92821
Mr. Ho,
Thank you for providing TELACU Construction Management (“TCM”) the opportunity to propose our services to the City of Brea (“City”). As discussed, attached you will find TCM’s detailed staffing plan associated with the Arovista Park Modernization project for the entirety of the project through closeout.
Brief Scope of Services:
• Pre-Construction Services
o Bid Phase
o Document Control Setup (Procore System)
o Review Plans and Specifications
o Preconstruction Videos and Photos
o Scheduling
o Bid Review
o Recommendation to City Staff and/or Board
o Assist in executing agreement, gathering bonds and insurance o Mobilization
• Construction Phase (Construction Management and Inspection Services) o Progress Photos
o Weekly Meetings
o Submittal Review
o RFI’s
o QA/QC Inspections
o Schedule Review and Updates
o Change Order Review
o Inspections and Scheduling Special Inspections
• Closeout Phase
o Punch List
o Warranty Tracking
o As-Builts
o O&M and Warranty Documents Turned Over
o City Training
TELACU Construction Management
604 N. Eckhoff St.
Orange • CA 92868
T 714.547.2390
F 714.541.9411
www.TELACU.com
o Commissioning
o Final Walk Through
o Contract Closeout
We look forward to collaborating with the City of Brea on the Arovista Park Modernization project.
Please feel free to reach out to me at [email protected], should you or the city have any further questions.
Sincerely,
Daniel Clem
Vice President
[email protected]
m. 714.656.7315
Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost $ 225 8 $ 1,800 8 $ 1,800 8 $ 1,800 8 $ 1,800 8 $ 1,800 8 $ 1,800 8 $ 1,800 8 $ 1,800 8 $ 1,800 8 $ 1,800 8 $ 1,800 8 $ 1,800 $ 21,600 $ 190 25 $ 4,750 25 $ 4,750 25 $ 4,750 25 $ 4,750 16 $ 3,040 16 $ 3,040 16 $ 3,040 16 $ 3,040 16 $ 3,040 16 $ 3,040 16 $ 3,040 16 $ 3,040 $ 43,320 $ 160 $ - $ - $ - 40 $ 6,400 150 $ 24,000 150 $ 24,000 150 $ 24,000 150 $ 24,000 150 $ 24,000 150 $ 24,000 150 $ 24,000 150 $ 24,000 $ 198,400 $ 110 $ - $ - $ - 20 $ 2,200 80 $ 8,800 80 $ 8,800 80 $ 8,800 80 $ 8,800 80 $ 8,800 80 $ 8,800 80 $ 8,800 80 $ 8,800 $ 72,600 $ 140 25 $ 3,500 $ - $ - $ - 4 $ 560 4 $ 560 4 $ 560 4 $ 560 4 $ 560 4 $ 560 4 $ 560 4 $ 560 $ 7,980 Monthly Subtotals 58 $ 10,050 33 $ 6,550 33 $ 6,550 93 $ 15,150 258 $ 38,200 258 $ 38,200 258 $ 38,200 258 $ 38,200 258 $ 38,200 258 $ 38,200 258 $ 38,200 258 $ 38,200 $ 343,900 Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost $ 225 8 $ 1,800 8 $ 1,800 8 $ 1,800 8 $ 1,800 8 $ 1,800 8 $ 1,800 8 $ 1,800 8 $ 1,800 8 $ 1,800 8 $ 1,800 $ - $ 18,000 $ 190 16 $ 3,040 16 $ 3,040 16 $ 3,040 16 $ 3,040 16 $ 3,040 16 $ 3,040 16 $ 3,040 16 $ 3,040 16 $ 3,040 16 $ 3,040 16 $ 3,040 $ 33,440 $ 160 150 $ 24,000 150 $ 24,000 150 $ 24,000 150 $ 24,000 150 $ 24,000 150 $ 24,000 150 $ 24,000 150 $ 24,000 150 $ 24,000 150 $ 24,000 40 $ 6,400 $ 246,400 $ 110 80 $ 8,800 80 $ 8,800 80 $ 8,800 80 $ 8,800 80 $ 8,800 80 $ 8,800 80 $ 8,800 80 $ 8,800 80 $ 8,800 80 $ 8,800 5 $ 550 $ 88,550 $ 140 4 $ 560 4 $ 560 4 $ 560 4 $ 560 4 $ 560 4 $ 560 4 $ 560 4 $ 560 4 $ 560 4 $ 560 $ - $ 5,600 Monthly Subtotals 258 $ 38,200 258 $ 38,200 258 $ 38,200 258 $ 38,200 258 $ 38,200 258 $ 38,200 258 $ 38,200 258 $ 38,200 258 $ 38,200 258 $ 38,200 61 $ 9,990 $ 391,990 $ 735,890
805
40 Construction Phase
Construction Phase
96 228
1240
660
57 TOTAL
March April May July
13 17
SUBTOTAL
80 176
1540
Director
Subtotal Costs 9 10 11 12 Subtotal Hours
Closeout Phase
Director
Project Manager
Inspector
Scheduler
1 2 3
STAFF POSITION
2 Preconstruction Services
January
5 September November
Principal in Charge
HOURLY February March April May July
RATE
7 Subtotal Hours
June
Subtotal Costs
December
8 August
3 4
October
16 Principal in Charge
4 1
SUBTOTAL
6 October November
18 1
June August September
14 15
Inspector
Scheduler
HOURLY
RATE STAFF POSITION January February
Project Manager
Agreement No. 2024.01.30.105
Professional Services Agreement
This Professional Services Agreement ("Agreement") is dated Tuesday, March 19, 2024 for reference purposes and is executed by the City of Brea, a California municipal corporation (“City”), and David Volz Design a C Corporation ("Consultant").
RECITALS
A. City desires to retain Consultant as an independent contractor to provide the following Professional Services: As-Needed Landscape Design Services through the Construction Period of the Arovista Park Modernization Project CIP NO. 7978 for Public Works.
B. Consultant represents that it is duly licensed, fully authorized by law, and has the necessary experience and qualifications, to provide such services.
NOW, THEREFORE, the parties agree as follows:
AGREEMENT
1. Scope of Services.
Consultant shall perform the services referenced in the Recitals and more specifically described in the Scope of Services set forth in the attached Exhibit A, and as otherwise required by this Agreement, all to City’s satisfaction (collectively, “Services”).
2. Compensation
A. City shall pay for the Services satisfactorily performed, in accordance with the Fee Schedule set forth in the attached Exhibit A.
B. In no event shall the total amount paid for the Services exceed the all-inclusive lump sum of $ 75,000.00 (“Contract Amount”). This amount covers and is inclusive of all labor, materials, and any and all other costs incurred by Consultant in performing the Services.
Consultant shall be deemed to have made all inquiries and site inspections deemed necessary by Consultant prior to execution of this Agreement.
C. Unless the Fee Schedule calls for payment of a one-time flat fee, periodic payments for undisputed work shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Consultant’s invoices shall indicate the amount of time spent on each task and the applicable rate.
D. Unless the Fee Schedule calls for payment on a different schedule, Consultant shall invoice City on a monthly basis.
3. Contingency Work.
1 This Agreement does not include any contingency or additional work. Any additional work performed by Contractor without a written amendment or approval of the City shall be deemed to be work included within the Services.
4. Term.
The term of this Agreement shall commence Tuesday, March 19, 2024 (“Effective Date”). Unless extended or earlier terminated as provided herein, this Agreement shall expire upon satisfactory completion of the Services. .
5. Time of Performance.
A. Consultant shall commence the Services on the above Effective Date and shall complete the Services within the term of this agreement, and shall meet any other established and agreed upon schedules and deadlines agreed upon in writing.
B. Force Majeure. Neither party shall be considered in default of this Agreement for delays in performance caused by a force majeure event. As used in this Agreement, the term “force majeure event” means circumstances beyond the reasonable control of the non-performing party and includes the following: abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; or judicial restraint. Consultant’s lack of financial capability, shall not constitute a force majeure event unless directly attributable to any of the foregoing events.
C. Should a force majeure event occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
6. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to the Services, including costs incurred, shall be maintained by Consultant and made available for review by City at all reasonable times during the term of this Agreement and for four (4) years from the date of final payment by City.
7. Standard of Care.
Contractor’s Services shall be performed in accordance with the generally accepted professional standards of practice and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently performing similar services under similar conditions. Contractor shall maintain all professional licenses and certifications required to lawfully perform the Services. 2 8. Compliance with Law.
A. Consultant shall comply with all applicable laws including Cal/OSHA requirements.
B. Consultant shall obtain a City of Brea business license.
C. Consultant shall comply with all applicable provisions included in the attached Special Provisions Section.
9. Assignment and Subcontracting.
A. Consultant shall not assign or transfer this Agreement or any rights or obligations under, or any interest in this Agreement, or subcontract any required performance hereunder, without the prior written consent of City, which may be withheld for any reason. City shall be deemed to have approved Consultant’s utilization of subcontractors identified in Consultant’s proposal for the Services.
B. Any attempt to so assign, transfer, or subcontract without City’s prior written consent shall be void and shall constitute grounds for City’s termination of this Agreement. Authorized subcontracts shall contain a provision making the subcontractor subject to all requirements of this Agreement.
C. If use of a subcontractor is approved, then City may withhold 5% of each monthly payment to Consultant. Such retention shall be released upon City’s receipt of an unconditional release of all claims signed by any such subcontractor, as to work performed to date.
10. Independent Contractor.
A. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant is or shall become an employee of City.
B. Consultant will determine the means, methods, and details by which Consultant’s personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.
C. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City. Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of the Services. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform the Services.
Consultant shall perform the Services off of City premises at locations of Consultant’s choice, except as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product, or as may be necessary to inspect or visit City locations. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services. 3 D. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with the Services. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Consultant and its officers, employees, agents, and subcontractors shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) or any other retirement program, as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits or any other retirement benefits.
11. PERS Compliance.
The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees.
Consultant agrees that, in providing its employees and any other personnel to City to perform the Services, Consultant shall assure compliance with the Public Employees’ Retirement Law (Government Code Section 20000 et seq.), the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013 (Government Code Section 7522 et seq.). Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
12. Insurance.
Unless otherwise permitted or waived in writing by City’s Risk Manager, Consultant shall not commence work until it has secured all insurance required under this section and provided evidence thereof that is acceptable to City. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.
A. Commercial General Liability
i. Consultant shall take out and maintain, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to City.
ii. Coverage for Commercial General Liability insurance shall be at least as broad as the following:
a. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
iii. Commercial General Liability Insurance must include coverage for the following:
a. Bodily Injury and Property Damage
4 b. Personal Injury/Advertising Injury
c. Premises/Operations Liability
d. Products/Completed Operations Liability
e. Aggregate Limits that Apply per Project
f. Contractual Liability with respect to this Agreement g. Broad Form Property Damage
h. Independent Consultants Coverage
iv. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to this Agreement.
v. The policy shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. vi. The general liability coverage may utilize deductibles or provide coverage excess of a self-insured retention, only if approved by City’s Risk Manager in writing, and further provided that such deductibles shall not apply to coverage of the additional insureds.
B. Automobile Liability
Automobile Liability Insurance is required for this Agreement as follows: i.
Contractor shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to City. ii. Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). iii.
The policy shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds. iv. Subject to City’s written approval, the automobile liability coverage may utilize deductibles or provide coverage excess of a self-insured retention, provided that such deductibles shall not apply to coverage of the additional insureds.
C. Workers’ Compensation/Employer’s Liability
Workers' Compensation and Employer's Liability Insurance is required for this Agreement as follows: i. Contractor certifies that Contractor is aware of the provisions of Labor Code Section 3700 which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she/it will comply with such provisions before commencing work under this Agreement. ii. Contractor shall maintain full compensation insurance for its employees in accordance with the Workers’ Compensation and Insurance Act (Labor Code Section 3200 et seq.) and 5 Employer’s Liability Coverage in amounts indicated herein. Contractor shall require all subcontractors to obtain and maintain workers’ compensation coverage of the same type and limits as specified in this section.
D. Professional Liability (Errors and Omissions)
Contractor shall maintain professional liability or errors and omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to City and with the limits required herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy coverage form specifically designed to protect against acts, errors or omissions of Contractor in the performance of professional services. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of ”the insured and must include a provision establishing the insurer's duty to defend.
E. Cyber Liability
Cyber Liability Insurance is not required for this Agreement.
F. Minimum Policy Limits Required
i. A.M. Best's Rating
Each policy of insurance required herein shall be from a company or companies having a current A.M. Best's rating of no less than A:VII and admitted and authorized to transact the business of insurance in the State of California.
ii. The following insurance limits are required for this Agreement:
a. Commercial General Liability
$1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage
b. Automobile Liability
$2,000,000 per occurrence (any auto) for bodily injury and property damage c. Workers' Compensation and Employer's Liability
In the amount required by California law for Workers’ Compensation Limit. $1,000,000 per occurrence for Employer's Liability
d. Professional Liability
$2,000,000 per claim and aggregate (errors and omissions) e. Cyber Liability
Cyber Liability Insurance is not required for this Agreement. ii. Defense costs shall be payable in addition to the limits. 6 iii. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.
G. Proof of Insurance
Within five days of execution of this Agreement, but prior to commencement of the Services, Consultant shall file with City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
H. Policy Provisions Required
i. Consultant shall provide City at least 30 days prior written notice of cancellation of any policy required by this Agreement, except that Consultant shall provide at least 10 days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, Consultant shall deliver renewal certificate(s) including the required additional insured endorsement to City at least 10 days prior to the effective date of cancellation or expiration.
ii. The Commercial General Liability Policy and Automobile Liability Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by City or any additional insureds shall not be called upon to contribute to any loss.
iii. The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. If a “claims-made” professional liability policy is provided, it shall include an extended reporting period of not less than three years. iv. All required insurance coverages, except for the professional and cyber liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
7 v. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve Consultant from liability in excess of such coverage, nor shall it limit Consultant’s indemnification obligations to City or preclude City from taking such other actions available to City under other provisions of this Agreement or law.
I. Additional Insurance Provisions
i. The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of such insurance by City, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Consultant pursuant to this Agreement, including the provisions concerning indemnification.
ii. If at any time during the term of this Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, 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 terminate this Agreement for cause.
iii. City may require Consultant to provide for inspection by City, complete copies of all insurance policies in effect for the duration of the Agreement. iv. No City official, officer, employee, agent or volunteer shall be personally responsible for any liability arising under or by virtue of this Agreement. v. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement.
J. Subcontractor Insurance Requirements
Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to City that it has secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials as additional insureds, using ISO form CG 20 38 04 13 or an endorsement providing the same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors. 8 13. Indemnification.
A. Other than in the performance of professional services, and to the fullest extent permitted by law, Contractor shall defend (with counsel reasonably approved by City), indemnify and hold City, its officials, officers, attorneys, agents, employees, servants, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) free and harmless with respect to any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages, stop notices and/or injury of any kind, in law or equity, to property or persons, including bodily injury, wrongful death, personal injury and property damage, and destruction, or unauthorized access to, use, and/or theft of City Data(collectively, “Claims”) in any manner and to the extent arising out of, pertaining to, or incidental to any act, error, omission, or willful misconduct of Contractor, its owners, officials, officers, employees, servants, subcontractors, contractors or agents (and/or any entity or individual for whom Contractor shall bear legal liability) in connection with the performance of the Services including the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses actually incurred in connection with such defense. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, or by City or any of the other Indemnitees. Contractor shall have no liability hereunder for claims and liabilities arising out of the sole, active negligence of any of the Indemnitees.
B. Professional Services. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees, from and against any and all Claims, whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of Contractor, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (and/or any entity or individual for whom Contractor shall bear legal liability) in the performance of professional services under this Agreement. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs, actually incurred in connection with such defense.
C. Contractor’s obligations under this Section shall survive the expiration or termination of this Agreement.
14. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California without regard for change of venue laws. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Orange, State of California. Consultant must comply with the claim procedures set forth in the Government Claims act (Government Code Section 810 et seq.) prior to filing any lawsuit against City.
15. Termination.
9 A. City may terminate any portion or all of the Services or this Agreement with or without cause by giving 10 days’ written notice to Consultant. In such event, City shall be immediately given title to and possession of all Work Product (as defined) below and original field notes, drawings and specifications, written reports and all other documents produced or developed pursuant to this Agreement. Provided Consultant is not then in breach, City shall pay Consultant for any portion of the Services satisfactorily completed prior to termination. If termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by the parties. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation resulting from such termination.
B. Consultant may terminate this Agreement only for cause and by serving written notice of termination to City, provided Consultant has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice.
16. Ownership of Work Product.
A. All draft and final reports, documents, and other written material, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Contractor in the performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made for hire” for the benefit of City. All Work Product and any and all intellectual property rights arising from their creation, including all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made, provided that any such use shall be at City’s sole risk. Contractor shall not obtain or attempt to obtain copyright protection as to any of the Work Product. Contractor agrees that the compensation set forth in Section 2 of this Agreement includes conveyance to City of ownership of all Work Product, including intellectual property rights, as provided in this Section 16. B. Contractor hereby assigns to City all rights of ownership to the Work Product, including any and all related intellectual property and proprietary rights, that are not otherwise vested in City pursuant to subsection A above. C. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment or Contractor 's default, City shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose. Contractor shall defend, indemnify and hold City, and the other Indemnitees harmless from any and all losses, claims or liabilities in any way related to a claim that City’s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products, ideas or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Work Product produced under this Agreement. In the event the use of 10 any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. Contractor’s obligations under this Section shall survive the expiration or termination of this Agreement.
17. Data Security.
A. As used in this Agreement, “City Data” means any and all information and data provided or made accessible, directly or indirectly, to Contractor by City, or otherwise acquired from City, in connection with Contractor ’s performance of the Services. Except where subject to a third party’s intellectual property rights, any and all City Data is solely owned by City. Contractor is granted a limited, non-exclusive, and revocable license to use City Data solely as necessary to perform the Services. At no time shall Contractor use City Data for its own purposes, or sell, disclose or disseminate City Data, except as required by law or to provide the Services. At all times herein, Contractor shall protect and maintain the security of City Data using methods providing not less than the level of security Contractor uses for its own confidential data, and that otherwise comply with recognized industry data security standards applicable to similar kinds of governmental data and information. B. To the extent any City Data consists of personal information as defined in Consumer Privacy Act (Civil Code Section 1798.100 et seq.), Contractor shall comply with that statute and with Civil Code Section 1798.82 including providing the required notifications in the event of any unauthorized access of personal information stored, maintained, accessed, used or transmitted by Contractor in connection with this Agreement. Notwithstanding the foregoing, Contractor shall within 24 hours notify the City Representative by telephone and in writing of any unauthorized access of City Data.
Thereafter, Contractor shall render any assistance to City and law enforcement as necessary to ascertain the nature and extent of such unauthorized access. C. Contractor shall not store City Data using cloud-based storage without City’s prior, written consent, unless the use of such storage is clearly described in the Scope of Services. Where permitted herein, any and all cloud-based storage shall be on servers and other hardware located within the continental United States, and shall be in compliance with ISO/IEC 27001 - 27018, as applicable, unless otherwise agreed to in writing by the City Representative.
18. Party Representatives.
City hereby designates Michael Ho, or such person’s designee, as the City Representative for this Agreement.
Consultant hereby designates David Volz, or such person’s designee, as Consultant’s Representative for this Agreement, unless and until written notice of a new representative acceptable to City is provided to City.
The foregoing representatives shall be authorized to provide consent where required herein, and to make other administrative decisions that will be binding on their respective party, except as otherwise specifically required herein.
11 City Consultant
City of Brea David Volz Design
1 Civic Center Circle 151 Kalmus Drive, Suite M8
Brea, CA 92821 Costa Mesa, CA 92626
USA
Michael Ho David Volz
[email protected] [email protected]
(714) 990-7698 (714) 641-1300
19. Notices.
Any notices, invoices, or other documents related to this Agreement shall be deemed received on: (a) the day of delivery, if delivered by hand during the receiving party’s regular business hours or by e-mail before or during the receiving party’s regular business hours; (b) the business day after delivery, if delivered by e-mail after the receiving party’s regular business hours; or (c) on the second business day following deposit in the United States mail, certified mail with return receipt requested and postage prepaid, to the addresses listed below, or to such other addresses as the parties may, from time to time, designate in writing.
20. Third Party Rights.
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Consultant.
21. Conflicts of Interest.
A. Consultant covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. Consultant certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City.
B. Consultant further covenants that, in the performance of this Agreement, no subcontractor or person having any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services shall be employed. Consultant has provided City with a list of all City-approved subcontractors and the key personnel for such subcontractors that are retained or to be retained by Consultant in connection with the performance of the Services, to assist City in affirming compliance with this Section.
C. Consultant maintains and warrants 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 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 12 from the award or making of this Agreement. If required, Consultant further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City Clerk as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to terminate this Agreement without liability. No director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
22. Severability.
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.
23. Successors and Assigns.
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of the parties.
24. Non-Waiver.
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specified in writing, and any such waiver shall be limited to that set of circumstances and not to any future circumstances unless another written waiver is executed.
25. Time of Essence.
Time is of the essence in each and every provision of this Agreement.
26. City’s Right to Employ Other Consultants.
City reserves its right to employ other Consultants to provide the Services or similar services.
27. Exhibits.
The attached Exhibit A is incorporated herein by reference. In the event of any conflict or inconsistency between the provisions of this Agreement and any Exhibit, the provisions of this Agreement shall govern.
28. Entire Agreement.
This Agreement represents the entire understanding of the parties as to the Services, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both parties. This is an integrated Agreement.
13 [SIGNATURES ON FOLLOWING PAGE]
14 David Volz Design
By: ________________________________ By: ________________________________ David Volz
President
[email protected]
Date Signed: _______________ Date Signed: _______________ City of Brea Attest (if over $25,000)
By: ________________________________ By: ________________________________ Christine Marick Lillian Harris-Neal
Mayor City Clerk
[email protected]
Date Signed: _______________ Date Signed: _______________ TO EXECUTE THIS AGREEMENT, the Parties have caused their authorized representatives to sign below. Digital Signatures are acceptable if they conform to all requirements of California Government Code Section 16.5. [Corporation: pursuant to California Corporations Code Section 313, both signature lines must be executed unless the signatory holds at least one of the offices designated on each line. Limited liability company: Pursuant to California Corporations Code Section 17703.01(d), both signature lines must be executed unless the articles of incorporation state that the firm is managed by only one manager.] 15 SPECIAL PROVISIONS
No Special Provisions required for this Agreement.
16 EXHIBIT A
SCOPE OF SERVICES AND FEE SCHEDULE
(Consultant's proposal attached)
17 DVD
Landscape Architects and Park Planners
David Volz Design
Corporate Office
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626
714.641.1300
Coachella Valley Office
78060 Calle Estado
La Quinta, CA 92253
760.580.5165
San Jose Office
111 North Market Street, Suite 300
San Jose, CA 95113
669.444.0461
DESIGNING LANDSCAPES THAT
CREATE COMMUNITY
www.dvolzdesign.com
June 29, 2023
Revised November 30, 2023
January 11, 2024
Michael Ho
Director of Public Works
City of Brea
1 Civic Center Circle
Brea, CA 92821
RE: PROPOSAL TO PROVIDE CONSTRUCTION PERIOD SERVICES FOR AROVISTA PARK PHASE 1: EAST OF BREA CREEK CHANNEL, BASED ON PLANS DATED DECEMBER 5TH, 2023, CONSTRUCTION ANTICIPATED TO BEGIN BY JULY 2024
Dear Mr. Ho,
With this great project out to bid, our David Volz Design team is ready to assist the city’s staff and the construction management team with bidding assistance and construction period services. The services that will be provided by DVD are identified below. These services below will be based as needed to not exceed $75,000 per the city’s request. We will provide rapid response to submittals and information requested with written opinions and documentation, when needed.
TASK 1 - BIDDING SERVICES
b. Response to requests for information/clarification
c. Bid review
d. City staff and construction management support
TASK 2 - CONSTRUCTION PERIOD SERVICES
a. Prepare responses to requests for information
j. City staff and construction management support
b. Review and reply to submittals
h. Final walk-through and punch list assistance
i. Site visits per city request
i. Final review
k. Review and comment on contractor’s official as-built
FEE PROPOSAL FEE SCHEDULE
SLA SLD CT AD
$175 $155 $120 $110
Task 1 - Bidding Assistance 40 16 40 8 104 $ 15,160
Task 2 - Construction Period Services 120 160 80 40 400 $ 59,800 160 176 120 48 504 $ 74,960
Total
Hrs
Total Project
Fee
DVD
Landscape Architects and Park Planners
David Volz Design
Corporate Office
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626
714.641.1300
Coachella Valley Office
78060 Calle Estado
La Quinta, CA 92253
760.580.5165
San Jose Office
111 North Market Street, Suite 300
San Jose, CA 95113
669.444.0461
DESIGNING LANDSCAPES THAT
CREATE COMMUNITY
www.dvolzdesign.com
We are looking forward to working with you and your staff and your construction management/inspection team to deliver this exciting new community park to the citizens of Brea. Should you have any questions please do not hesitate to call.
Very truly yours,
DAVID VOLZ DESIGN
David J. Volz, R.L.A. # 2375
LEED Accredited Professional, QSD/QSP
AROVISTA PARK, CIT Y OF BREA DVD
1. Only services specifically noted in the scope of services are not included in the fee schedule. Services such as construction survey, utility potholing, etc. are not included.
2. Payment of fees for permits, processing, recordation or approvals are not included here in.
3. Arovista Phase 1 East of Brea Creek Channel will be constructed in one phase.
4. The contractor will provide irrigation controller charts.
5. Contractor to provide official as-built/record drawings.
6. In Addition to the above, the services and fees will be required if construction exceeds twelve (12) consecutive calendar months. Construction period service will require additional time and fees if construction exceeds the identified construction period.
7. Payments are due within 30 days from invoice date.
8. Irrigation, Electrical, Civil and Structural bidding assistance and construction period services will be contracted directly by the City of Brea.
9. Printing and reimbursements are not included. Digital documents will be provided to the city and if printing is need, will be done by the city.
Principals $230/hr
Director of Design $200/hr
Senior Landscape Architects $175/hr
Director of GIS $165/hr
Landscape Architect $160/hr
Plan Check $160/hr
Senior Landscape Designer $155/hr
Senior GIS Analyst $155/hr
Landscape Designer $140/hr
GIS Analyst $140/hr
Project Designer/CADD Technicians I, II, III $110, 120, 130/hr GIS Technicians I, II, III $110, 120, 130/hr
Administration $110/hr
Agreement No. 2023.11.15.100
Professional Services Agreement
This Professional Services Agreement ("Agreement") is dated Tuesday, March 19, 2024 for reference purposes and is executed by the City of Brea, a California municipal corporation (“City”), and Geocon West, Inc. a C Corporation ("Consultant").
RECITALS
A. City desires to retain Consultant as an independent contractor to provide the following Professional Services: Materials Testing, Soils Inspection and Special Inspections for Public Works Department.
B. Consultant represents that it is duly licensed, fully authorized by law, and has the necessary experience and qualifications, to provide such services.
NOW, THEREFORE, the parties agree as follows:
AGREEMENT
1. Scope of Services.
Consultant shall perform the services referenced in the Recitals and more specifically described in the Scope of Services set forth in the attached Exhibit A, and as otherwise required by this Agreement, all to City’s satisfaction (collectively, “Services”).
2. Compensation
A. City shall pay for the Services satisfactorily performed, in accordance with the Fee Schedule set forth in the attached Exhibit A.
B. In no event shall the total amount paid for the Services exceed the all-inclusive lump sum of $ 250,000.00 (“Contract Amount”). This amount covers and is inclusive of all labor, materials, and any and all other costs incurred by Consultant in performing the Services.
Consultant shall be deemed to have made all inquiries and site inspections deemed necessary by Consultant prior to execution of this Agreement.
C. Unless the Fee Schedule calls for payment of a one-time flat fee, periodic payments for undisputed work shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Consultant’s invoices shall indicate the amount of time spent on each task and the applicable rate.
D. Unless the Fee Schedule calls for payment on a different schedule, Consultant shall invoice City on a monthly basis.
3. Contingency Work.
1 This Agreement does not include any contingency or additional work. Any additional work performed by Contractor without a written amendment or approval of the City shall be deemed to be work included within the Services.
4. Term.
The term of this Agreement shall commence Tuesday, March 19, 2024 (“Effective Date”). Unless extended or earlier terminated as provided herein, this Agreement shall expire upon satisfactory completion of the Services. .
5. Time of Performance.
A. Consultant shall commence the Services on the date shown in the City-provided notice to proceed and shall complete the Services on the date shown in the City-provided notice to proceed, and shall meet any other established and agreed upon schedules and deadlines agreed upon in writing.
B. Force Majeure. Neither party shall be considered in default of this Agreement for delays in performance caused by a force majeure event. As used in this Agreement, the term “force majeure event” means circumstances beyond the reasonable control of the non-performing party and includes the following: abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; or judicial restraint. Consultant’s lack of financial capability, shall not constitute a force majeure event unless directly attributable to any of the foregoing events.
C. Should a force majeure event occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
6. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to the Services, including costs incurred, shall be maintained by Consultant and made available for review by City at all reasonable times during the term of this Agreement and for four (4) years from the date of final payment by City.
7. Standard of Care.
Contractor’s Services shall be performed in accordance with the generally accepted professional standards of practice and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently performing similar services under similar conditions. Contractor shall maintain all professional licenses and certifications required to lawfully perform the Services. 2 8. Compliance with Law.
A. Consultant shall comply with all applicable laws including Cal/OSHA requirements.
B. Consultant shall obtain a City of Brea business license.
C. Consultant shall comply with all applicable provisions included in the attached Special Provisions Section.
9. Assignment and Subcontracting.
A. Consultant shall not assign or transfer this Agreement or any rights or obligations under, or any interest in this Agreement, or subcontract any required performance hereunder, without the prior written consent of City, which may be withheld for any reason. City shall be deemed to have approved Consultant’s utilization of subcontractors identified in Consultant’s proposal for the Services.
B. Any attempt to so assign, transfer, or subcontract without City’s prior written consent shall be void and shall constitute grounds for City’s termination of this Agreement. Authorized subcontracts shall contain a provision making the subcontractor subject to all requirements of this Agreement.
C. If use of a subcontractor is approved, then City may withhold 5% of each monthly payment to Consultant. Such retention shall be released upon City’s receipt of an unconditional release of all claims signed by any such subcontractor, as to work performed to date.
10. Independent Contractor.
A. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant is or shall become an employee of City.
B. Consultant will determine the means, methods, and details by which Consultant’s personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.
C. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City. Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of the Services. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform the Services.
Consultant shall perform the Services off of City premises at locations of Consultant’s choice, except as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product, or as may be necessary to inspect or visit City locations. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to 3 check on the status of projects pertaining to the Services.
D. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with the Services. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Consultant and its officers, employees, agents, and subcontractors shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) or any other retirement program, as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits or any other retirement benefits.
11. PERS Compliance.
The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees.
Consultant agrees that, in providing its employees and any other personnel to City to perform the Services, Consultant shall assure compliance with the Public Employees’ Retirement Law (Government Code Section 20000 et seq.), the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013 (Government Code Section 7522 et seq.). Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
12. Insurance.
Unless otherwise permitted or waived in writing by City’s Risk Manager, Consultant shall not commence work until it has secured all insurance required under this section and provided evidence thereof that is acceptable to City. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.
A. Commercial General Liability
i. Consultant shall take out and maintain, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to City.
ii. Coverage for Commercial General Liability insurance shall be at least as broad as the following:
a. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
iii. Commercial General Liability Insurance must include coverage for the following:
4 a. Bodily Injury and Property Damage
b. Personal Injury/Advertising Injury
c. Premises/Operations Liability
d. Products/Completed Operations Liability
e. Aggregate Limits that Apply per Project
f. Contractual Liability with respect to this Agreement g. Broad Form Property Damage
h. Independent Consultants Coverage
i. Explosion, Collapse and Underground (UCX) (by deletion) iv. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to this Agreement.
v. The policy shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. vi. The general liability coverage may utilize deductibles or provide coverage excess of a self-insured retention, only if approved by City’s Risk Manager in writing, and further provided that such deductibles shall not apply to coverage of the additional insureds.
B. Automobile Liability
Automobile Liability Insurance is required for this Agreement as follows: i.
Contractor shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to City. ii. Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). iii.
The policy shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds. iv. Subject to City’s written approval, the automobile liability coverage may utilize deductibles or provide coverage excess of a self-insured retention, provided that such deductibles shall not apply to coverage of the additional insureds.
C. Workers’ Compensation/Employer’s Liability
Workers' Compensation and Employer's Liability Insurance is required for this Agreement as follows: i. Contractor certifies that Contractor is aware of the provisions of Labor Code Section 3700 which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she/it will comply with such 5 provisions before commencing work under this Agreement. ii. Contractor shall maintain full compensation insurance for its employees in accordance with the Workers’ Compensation and Insurance Act (Labor Code Section 3200 et seq.) and Employer’s Liability Coverage in amounts indicated herein. Contractor shall require all subcontractors to obtain and maintain workers’ compensation coverage of the same type and limits as specified in this section.
D. Professional Liability (Errors and Omissions)
Contractor shall maintain professional liability or errors and omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to City and with the limits required herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy coverage form specifically designed to protect against acts, errors or omissions of Contractor in the performance of professional services. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of ”the insured and must include a provision establishing the insurer's duty to defend.
E. Cyber Liability
Cyber Liability Insurance is not required for this Agreement.
F. Minimum Policy Limits Required
i. A.M. Best's Rating
Each policy of insurance required herein shall be from a company or companies having a current A.M. Best's rating of no less than A:VII and admitted and authorized to transact the business of insurance in the State of California.
ii. The following insurance limits are required for this Agreement:
a. Commercial General Liability
$1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage
b. Automobile Liability
$2,000,000 per occurrence (any auto) for bodily injury and property damage c. Workers' Compensation and Employer's Liability
In the amount required by California law for Workers’ Compensation Limit. $1,000,000 per occurrence for Employer's Liability
d. Professional Liability
$2,000,000 per claim and aggregate (errors and omissions) e. Cyber Liability
6 Cyber Liability Insurance is not required for this Agreement. ii. Defense costs shall be payable in addition to the limits. iii. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.
G. Proof of Insurance
Within five days of execution of this Agreement, but prior to commencement of the Services, Consultant shall file with City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
H. Policy Provisions Required
i. Consultant shall provide City at least 30 days prior written notice of cancellation of any policy required by this Agreement, except that Consultant shall provide at least 10 days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, Consultant shall deliver renewal certificate(s) including the required additional insured endorsement to City at least 10 days prior to the effective date of cancellation or expiration.
ii. The Commercial General Liability Policy and Automobile Liability Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by City or any additional insureds shall not be called upon to contribute to any loss.
iii. The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. If a “claims-made” professional liability policy is provided, it shall include an extended reporting period of not less than three years. iv. All required insurance coverages, except for the professional and cyber liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of 7 recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
v. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve Consultant from liability in excess of such coverage, nor shall it limit Consultant’s indemnification obligations to City or preclude City from taking such other actions available to City under other provisions of this Agreement or law.
I. Additional Insurance Provisions
i. The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of such insurance by City, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Consultant pursuant to this Agreement, including the provisions concerning indemnification.
ii. If at any time during the term of this Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, 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 terminate this Agreement for cause.
iii. City may require Consultant to provide for inspection by City, complete copies of all insurance policies in effect for the duration of the Agreement. iv. No City official, officer, employee, agent or volunteer shall be personally responsible for any liability arising under or by virtue of this Agreement. v. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement.
J. Subcontractor Insurance Requirements
Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to City that it has secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials as additional insureds, using ISO form CG 20 38 04 13 or an endorsement 8 providing the same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors.
13. Indemnification.
A. Other than in the performance of professional services, and to the fullest extent permitted by law, Contractor shall defend (with counsel reasonably approved by City), indemnify and hold City, its officials, officers, attorneys, agents, employees, servants, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) free and harmless with respect to any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages, stop notices and/or injury of any kind, in law or equity, to property or persons, including bodily injury, wrongful death, personal injury and property damage, and destruction, or unauthorized access to, use, and/or theft of City Data(collectively, “Claims”) in any manner and to the extent arising out of, pertaining to, or incidental to any act, error, omission, or willful misconduct of Contractor, its owners, officials, officers, employees, servants, subcontractors, contractors or agents (and/or any entity or individual for whom Contractor shall bear legal liability) in connection with the performance of the Services including the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses actually incurred in connection with such defense. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, or by City or any of the other Indemnitees. Contractor shall have no liability hereunder for claims and liabilities arising out of the sole, active negligence of any of the Indemnitees.
B. Professional Services. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees, from and against any and all Claims, whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of Contractor, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (and/or any entity or individual for whom Contractor shall bear legal liability) in the performance of professional services under this Agreement. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs, actually incurred in connection with such defense.
C. Contractor’s obligations under this Section shall survive the expiration or termination of this Agreement.
14. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California without regard for change of venue laws. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Orange, State of California. Consultant must comply with the claim procedures set forth in the Government Claims act (Government Code Section 810 et seq.) prior to filing any 9 lawsuit against City.
15. Termination.
A. City may terminate any portion or all of the Services or this Agreement with or without cause by giving 10 days’ written notice to Consultant. In such event, City shall be immediately given title to and possession of all Work Product (as defined) below and original field notes, drawings and specifications, written reports and all other documents produced or developed pursuant to this Agreement. Provided Consultant is not then in breach, City shall pay Consultant for any portion of the Services satisfactorily completed prior to termination. If termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by the parties. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation resulting from such termination.
B. Consultant may terminate this Agreement only for cause and by serving written notice of termination to City, provided Consultant has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice.
16. Ownership of Work Product.
A. All draft and final reports, documents, and other written material, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Contractor in the performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made for hire” for the benefit of City. All Work Product and any and all intellectual property rights arising from their creation, including all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made, provided that any such use shall be at City’s sole risk. Contractor shall not obtain or attempt to obtain copyright protection as to any of the Work Product. Contractor agrees that the compensation set forth in Section 2 of this Agreement includes conveyance to City of ownership of all Work Product, including intellectual property rights, as provided in this Section 16. B. Contractor hereby assigns to City all rights of ownership to the Work Product, including any and all related intellectual property and proprietary rights, that are not otherwise vested in City pursuant to subsection A above. C. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment or Contractor 's default, City shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose. Contractor shall defend, indemnify and hold City, and the other Indemnitees harmless from any and all losses, claims or liabilities in any way related to a claim that City’s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products, ideas or 10 inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. Contractor’s obligations under this Section shall survive the expiration or termination of this Agreement.
17. Data Security.
A. As used in this Agreement, “City Data” means any and all information and data provided or made accessible, directly or indirectly, to Contractor by City, or otherwise acquired from City, in connection with Contractor ’s performance of the Services. Except where subject to a third party’s intellectual property rights, any and all City Data is solely owned by City. Contractor is granted a limited, non-exclusive, and revocable license to use City Data solely as necessary to perform the Services. At no time shall Contractor use City Data for its own purposes, or sell, disclose or disseminate City Data, except as required by law or to provide the Services. At all times herein, Contractor shall protect and maintain the security of City Data using methods providing not less than the level of security Contractor uses for its own confidential data, and that otherwise comply with recognized industry data security standards applicable to similar kinds of governmental data and information. B. To the extent any City Data consists of personal information as defined in Consumer Privacy Act (Civil Code Section 1798.100 et seq.), Contractor shall comply with that statute and with Civil Code Section 1798.82 including providing the required notifications in the event of any unauthorized access of personal information stored, maintained, accessed, used or transmitted by Contractor in connection with this Agreement. Notwithstanding the foregoing, Contractor shall within 24 hours notify the City Representative by telephone and in writing of any unauthorized access of City Data.
Thereafter, Contractor shall render any assistance to City and law enforcement as necessary to ascertain the nature and extent of such unauthorized access. C. Contractor shall not store City Data using cloud-based storage without City’s prior, written consent, unless the use of such storage is clearly described in the Scope of Services. Where permitted herein, any and all cloud-based storage shall be on servers and other hardware located within the continental United States, and shall be in compliance with ISO/IEC 27001 - 27018, as applicable, unless otherwise agreed to in writing by the City Representative.
18. Party Representatives.
City hereby designates Michael Ho, or such person’s designee, as the City Representative for this Agreement.
Consultant hereby designates Jelisa Thomas Adams or such person’s designee, as Consultant’s Representative for this Agreement, unless and until written notice of a new representative acceptable to City is provided to City.
11 City
City of Brea
1 Civic Center Circle
Brea, CA 92821
Michael Ho, P.E.
[email protected]
(714) 990-7698
Consultant
Geocon West, Inc.
2807 McGaw Avenue
Irvine, CA 92614
Jelisa Thomas Adams, G.E.
[email protected] (949)
346-1109
The foregoing representatives shall be authorized to provide consent where required herein, and to make other administrative decisions that will be binding on their respective party, except as otherwise specifically required herein.
19. Notices.
Any notices, invoices, or other documents related to this Agreement shall be deemed received on: (a) the day of delivery, if delivered by hand during the receiving party’s regular business hours or by e-mail before or during the receiving party’s regular business hours; (b) the business day after delivery, if delivered by e-mail after the receiving party’s regular business hours; or (c) on the second business day following deposit in the United States mail, certified mail with return receipt requested and postage prepaid, to the addresses listed below, or to such other addresses as the parties may, from time to time, designate in writing.
20. Third Party Rights.
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Consultant.
21. Conflicts of Interest.
A. Consultant covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. Consultant certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City.
B. Consultant further covenants that, in the performance of this Agreement, no subcontractor or person having any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services shall be employed. Consultant has provided City with a list of all City-approved subcontractors and the key personnel for such subcontractors that are retained or to be retained by Consultant in connection with the performance of the Services, to assist City in affirming compliance with this Section.
C. Consultant maintains and warrants 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 12 Agreement. Further, Consultant warrants 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. If required, Consultant further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City Clerk as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to terminate this Agreement without liability. No director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
22. Severability.
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.
23. Successors and Assigns.
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of the parties.
24. Non-Waiver.
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specified in writing, and any such waiver shall be limited to that set of circumstances and not to any future circumstances unless another written waiver is executed.
25. Time of Essence.
Time is of the essence in each and every provision of this Agreement.
26. City’s Right to Employ Other Consultants.
City reserves its right to employ other Consultants to provide the Services or similar services.
27. Exhibits.
The attached Exhibit A is incorporated herein by reference. In the event of any conflict or inconsistency between the provisions of this Agreement and any Exhibit, the provisions of this Agreement shall govern.
28. Entire Agreement.
This Agreement represents the entire understanding of the parties as to the Services, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which 13 are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both parties. This is an integrated Agreement.
[SIGNATURES ON FOLLOWING PAGE]
14 Date Signed: _______________ Date Signed: _______________ City of Brea Attest (if over $25,000)
By: ________________________________ By: ________________________________ Christine Marick Lillian Harris-Neal
Mayor City Clerk
[email protected]
Date Signed: _______________ Date Signed: _______________ TO EXECUTE THIS AGREEMENT, the Parties have caused their authorized representatives to sign below. Digital Signatures are acceptable if they conform to all requirements of California Government Code Section 16.5.
GEOCON WEST, INC.
By: ________________________________ By: ________________________________ Jelisa Thomas-Adams William Lydon
Vice President Chief Financial Officer
[email protected] [email protected]
[Corporation: pursuant to California Corporations Code Section 313, both signature lines must be executed unless the signatory holds at least one of the offices designated on each line. Limited liability company: Pursuant to California Corporations Code Section 17703.01(d), both signature lines must be executed unless the articles of incorporation state that the firm is managed by only one manager.] 15 SPECIAL PROVISIONS
Special Provisions are shown below.
Labor Code Requirements.
A. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the Labor Code relating to public works, and Contractor agrees to be bound by all provisions thereof as though set forth in full herein.
B. This is a public work and requires the payment of prevailing wages for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor pursuant to Labor Code Section 1771. Pursuant to Labor Code Section 1773, City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this contract from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk or may be obtained at
http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.
C. Copies may be obtained at cost at the City Clerk's office. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum.
Contractor shall comply with the provisions of Labor Code Sections 1775, 1776, 1777.5, 1777.6, and 1813. Pursuant to Labor Code Section 1775 of the Labor Code, Contractor shall forfeit to City, as a penalty, not more than $200 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by Contractor or by any subcontractor, in violation of the provisions of this Agreement.
D. In accordance with Labor Code Sections 1725.5 and 1771.1, and except for projects involving construction, alteration, demolition, installation, or repair work of $25,000 or less, or maintenance work of $15,000 or less, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Public Contract Code Section 4104, or engage in the performance of any public work contract unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes, only, pursuant to Labor Code Section 1771.1(a)].
E. Pursuant to Labor Code Section 1776, Contractor shall maintain and make available an accurate record showing the name of each worker and hours worked each day and each week by each worker employed by Contractor performing services covered by this Agreement. Contractor and its subcontractors shall furnish electronic certified payroll records to the Labor Commissioner in accordance with Labor Code Section 1771.4. The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. This project is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. 16 F. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these Sections for all apprenticeable occupations. Before commencing the Services, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Services, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
G. Contractor agrees to comply with the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25 for each worker employed in the execution of the contract by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
H. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by executing this Agreement, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Hazardous/Toxic Substances Clean Up and Removal.
Contractor is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled or released as a result of, or in connection with, its performance of the Services or related operations performed under this Agreement. 17 EXHIBIT A
SCOPE OF SERVICES AND FEE SCHEDULE
(Consultant's proposal attached)
18 OC-24-0096-P-SI Page - 31 - February 08, 2024
City of Brea
Materials Testing and Soils Inspection Services for
Arovista Park Modernization
CIP No. 7978
GENERAL SCOPE OF SERVICES
Geotechnical Consultation. Provide consultation as necessary to the design and construction team. Respond to RFI’s and provide additional or alternative design recommendations as necessary.
Compaction/Materials Inspection & Testing. Provide inspector(s) (Geotechnical/Deputy/ or Special Inspector) as required for the project during the grading and construction period. The inspector would be equipped with a vehicle and sufficient field-testing equipment to provide in-place density test results in the field, as well as to collect samples for materials testing. A deputy or Special Inspector will be provided as required for oversight and inspection during placement of steel , concrete, and masonry. A field inspector will be provided as required for oversight during subgrade preparation as well as aggregate base and AC placement.
Geotechnical Observation. Site visits by our engineer and/or geologist would be performed where site conditions, such as undocumented fill removal, warrant. In addition, geologist or engineer time would be incurred for site visits, meetings, and miscellaneous consultation during the construction period.
Laboratory Testing. Perform materials testing and laboratory soil testing necessary for report preparation. The quantity and type of tests performed will depend upon the conditions encountered. The actual cost for laboratory tests would be invoiced in accordance with the enclosed Schedule of Fees. Where possible all tests will be performed in our in-house laboratory; however, an outside laboratory may also be utilized on occasion.
Report Preparation and Submittal.Upon completion of the earthwork, foundation installation, and/or materials testing, certification reports will be prepared as required by the Building Official. 2023 SCHEDULE OF FEES
PROFESSIONAL SERVICES
Word Processor/Non-Technical Assistant/Draftsman/Dispatcher .................................................................................................... $95/hr Engineering Assistant/Lab Technician. ............................................................................................................................................. 95/hr Engineering Field Technician (Earthwork/Compaction Testing/Backfill) ........................................................................................ *85/hr Special Inspector (Concrete, Rebar, Masonry, Welding, etc.) .......................................................................................................... *90/hr Engineering Inspector (Bottom Approval / Shoring / Foundations / Piles) ....................................................................................... *110/hr LA City Deputy Grading Inspector (Bottom Approval / Shoring / Foundations / Piles) .................................................................. *125/hr Staff Engineer/Geologist ................................................................................................................................................................... *125/hr Senior Staff Engineer/Geologist ....................................................................................................................................................... *135/hr Project Engineer/Geologist ............................................................................................................................................................... *145/hr Senior Project Engineer/Geologist .................................................................................................................................................... *155/hr Senior Engineer/Geologist ................................................................................................................................................................ *175/hr Associate Engineer/Geologist ........................................................................................................................................................... *200/hr Principal Engineer/Geologist/Litigation Support .............................................................................................................................. 400/hr Attorney Fees (General) .................................................................................................................................................................... 500/hr Deposition or Court Appearance ....................................................................................................................................................... 550/hr Overtime/Saturday Rate/Night Rate (7pm – 6am w/ 8-Hour minimum per call out) ....................................... 1.5 X Regular Hourly Rate Sunday and Holiday Rate ..................................................................................................................................... 2 X Regular Hourly Rate Minimum Field Services Fee per call-out, 4 Hours (if 4 hours or less), 8 Hours (if more than 4 hours and less than 8 Hours) Short-Notice Cancellation, 4 Hours (if after 4 pm of the day prior to the scheduled inspection time) Short-Notice Cancellation, 4 Hours (upon or after arrival at jobsite) *Prevailing Wage (PW) California Labor Code §1720, et. Seq add $50/hr TRAVEL
Personnel ......................................................................................................................................................................... Regular Hourly Rate Subsistence (Per Diem) .................................................................................................................................................................... $300/day Vehicle Mileage ............................................................................................................................................................................. 0.75/mile
EQUIPMENT, MATERIALS, & ANALYTICAL TESTS
Nuclear Density Gauge / Sand Cone Testing Equipment ....... $10/hr 55-Gallon Drum .................................................................... 120/ea Vehicle ..................................................................................... 10/hr Visqeen (6 mil 20X100’) ..................................................... 135/roll Special Inspection Equipment ................................................... 5/hr Traffic Cones/Barricades ......................................................35/day Asphalt Cold Patch/Concrete ................................................ 30/bag TPHg(EPA 8015B) ................................................................. 70/ea Double Ring Infiltrometer Equipment ................................ 200/day TPHd/TPHmo .................................................. (EPA 8015M) 75/ea GPS Unit ............................................................................. 160/day TPH Carbon Chain Breakdown .................... (EPA 8015M) 110/ea Pick-up Truck ..................................................................... 150/day Water Buffalo........................................................................ 75/day Dynamic Cone Penetrometer .............................................. 400/day Methanol and/or Ethanol (EPA 8015M) ............................... 125/ea Volatile Organic Compounds ....................... (EPA 8260B) 125/ea Semi-Volatile Organic Compounds .................. (EPA 8270) 225/ea Hand-Auger .......................................................................... 50/day PAHs (EPA 8270SIM) ......................................................... 185/ea Distilled Water (5-gallon) ...................................................... 20/ea Bailer (Reusable) .................................................................. 35/day CAM 17 Metals (EPA 6010B) ............................................. 170/ea Single Metal .................................................... (EPA 6010B) 30/ea Bailer (Disposable) ................................................................. 15/ea Hexavalent Chrome (EPA 7199) ............................................ 75/ea Stainless Sampling Pump ................................................. $150/day Battery-Powered Pump ........................................................ 75/day Organochlorine Pesticides (EPA 8081) ................................ 110/ea Organophosphorus Pesticides (EPA 8141) ........................... 125/ea Water Level Indicator .......................................................... 40/day Interface Probe ................................................................... 125/day Photo-Ionization Meter ...................................................... 150/day Combustible Gas Meter ..................................................... 150/day Chlorinated Herbicides (EPA 8151) ..................................... 125/ea PCBs (EPA 8082) ................................................................... 95/ea Soil pH (EPA 9045C) .............................................................. 20/ea WET or TCLP Extraction ....................................................... 85/ea pH/Conductivity/Temperature Meter ................................. 150/day Turbidity Meter .................................................................... 80/day Air Sampling Pump .............................................................. 80/day Level D PPE/Decon Rinse Equipment ................................. 50/day Concrete Coring Equipment ............................................... 285/day Generator or Air Compressor ............................................. 150/day EPA 5035 Sample Kits ........................................................... 40/ea Asbestos (PLM) ...................................................................... 25/ea Asbestos (400-point count) ...................................................... 50/ea Sample Compositing ................................................ 20/composite 48-hour Turnaround Time ....................................... 60% surcharge 72-hour Turnaround Time ....................................... 40% surcharge - 2 -
LABORATORY TESTS*
COMPACTION CURVES SOIL AND AGGREGATE PROPERTIES
(D698/D1557/T99/T108) 4-inch mold................................ $300/ea (D422/T88) Particle Size, Hydrometer w/out Sieve ............ $250/ea (D698/D1557/T99/T108) 6-inch mold.................................. 300/ea (C136/D6913/T27) Sieve, Coarse to Fine w/ #200 Wash ..... 175/ea (CT 216) California Impact .................................................. 300/ea (C136/D6913/T27) Sieve, Coarse or Fine w/ #200 Wash ..... 150/ea Check Point........................................................................... 125/ea (C136/D6913/T27) Sieve, Coarse or Fine No #200 Wash .... 125/ea (D1632/CT312) Soil Cement Cyl. Fabrication (Set of 3) ... 200/set (C117/D1140/T11) Materials Finer than #200 ...................... 115/ea (D1632/CT312) Soil Cement Cyl. Fabrication (Addtl. Spec.) 75/ea (D2216/T265/CT226) Moisture Content ................................. 40/ea (D1633/CT312) Soil Cement Comp. Strength (Set of 3) .... 350/set (D2487/D2488) Visual Soil Classification .............................. 40/ea (D1633/CT312) Soil Cement Comp. Strength (Addtl. Spec.) 125/ea (D2937) Density of In-Place Soil, Drive-Cyl. Method ........... 50/ea SOIL AND AGGREGATE STABILITY (D4943) Shrinkage Factors of Soils, Wax Method ................. 75/ea (D2844/CT301) Resistance Value ...................................... $350/ea (C131/C535/CT211) L.A. Abrasion Resistance .................. $250/ea (D2844/CT301) Resistance Value, Treated .......................... 350/ea (C142/T112) Clay Lumps and Friable Particles .................... 155/ea (D1883) California Bearing Ratio ........................................ 600/ea SOIL AND AGGREGATE PROPERTIES (CONTD.) (C977) Stabilization Ability of Lime .................................... 185/ea (C123/T113) Light Weight Particles ..................................... 250/ea (D1883) Calif. Bearing Ratio (Army Corp of Engineers) .... 600/ea (D3744/CT229/T210) Durability Index Fine ........................ 200/ea CHEMICAL ANALYSIS (D3744/CT229/T210) Durability Index Coarse .................... 200/ea (G187/CT643/T288) pH and Resistivity ............................. $175/ea (CT227) Cleanness Value ..................................................... 200/ea (D4972/T289) pH Only .......................................................... 75/ea (D4791) Flat & Elongated Particles ...................................... 175/ea (CT417) Sulfate Content ....................................................... 125/ea (D693/CT205) Percent Crushed Particles ............................. 200/ea (CT422) Chloride Content .................................................... 125/ea (D5821) Percent. of Fractured Particles, Coarse Aggregate .. 200/ea (D2974) Organic Content ..................................................... 100/ea (C40/CT213/T21) Organic Impurities ................................... 100/ea PERMEABILITY, CONSOLIDATION AND EXPANSION (C235) Soft Hardness (Scratch Hardness) ............................ 125/ea (D5084) Permeability, Flexible Wall .................................. $270/ea (C88/CT214/T104) Sulfate Soundness ................................. 500/ea (D5856) Permeability, Rigid Wall ........................................ 260/ea (C1252/T304) Uncompact. Void Content, Fine Aggregate ... 175/ea (D2434) Permeability, Constant Head .................................. 280/ea (C127/CT206/T85) Coarse Specific Gravity ......................... 150/ea (D2434) Permeability, FHA Slab-on-Grade ......................... 110/ea (C128/CT207/T84) Fine Specific Gravity............................. 175/ea (D2434) Permeability, Hourly ................................................ 55/ea (D854/CT209/T100) Specific Gravity of Soil ....................... 200/ea (D2435/T216) Consolidation (6 pts. w/ Unload) ................ $400/ea (C29/CT212/T19) Unit Weight & Percent Voids ................. 125/ea (D2435/T216) Consolidation Additional Point w/ Unload ... $90/ea (D2419/CT217/T176) Sand Equivalent ................................ 150/ea (D4546) Swell/Compression Testing & Density .................. 125/ea (D4318/CT204/T89/T90) Plastic Index (Plastic/Liq. Limit) 250/ea (D4546) Swell/Settlement Testing & Density (ea. addtl. pt.) 85/ea (D4318/CT204/T89) Liquid Limit ........................................ 125/ea (D4546) Swell/Settlement Testing & Density (County) ....... 100/ea (D4318/CT204/T90) Plastic Limit ........................................ 125/ea (D4546) Swell/Settlement Testing & Density (FHA) ............ 90/ea (C330) Spec. for Lightweight Aggregates, Struc. Concrete ... Quote (D4829) Expansion Index of Soils ........................................ 250/ea SHEAR STRENGTH STEEL TESTING (D2166) Unconfined Compression ..................................... $100/ea Reinforcing Steel Tests: (D3080/T236) Direct Shear (3 points) ................................ 350/set (A370) Tensile Strength & Elongation (D3080/T236) Direct Shear Addtl. Points/ea. residual pass $125/ea #11 Bar & Smaller ............................................... $100/ea (D2850) Unconsolidated-Undrained Triaxial Shear .............. 115/ea #14 Bar ................................................................ $125/ea (D2850) Unconsolidated-Undrained Triaxial Staged ............ 160/ea #18 Bar (Proof Test) ........................................... $150/ea (D4767) Consolidated-Undrained Triaxial Shear.................. 265/ea (A370) Bend Test (D4767) Consolidated-Undrained Triaxial Staged ................ 340/ea #11 Bar & Smaller ................................................. $50/ea (EM1110) Consolidated-Drained Triaxial Shear .................. 375/ea #14 & #18 Bar ....................................................... $75/ea (EM1110) Consolidated-Drained Triaxial Staged ................. 480/ea (A370) Tensile - Mechanically Spliced Bar MASONRY**
#11 Bar & Smaller ............................................... $175/ea Concrete Block Test (Sets of 3 Required):
#14 Bar & Larger ................................................. $225/ea (C140) Unit Weight Moisture Content & Absorption ......... $350/ea (A370) Tensile – Electric Resist. Butt Splice w/ Control ..... 175/ea (C140) Moisture Content/Absorption (ea. addtl. specimen) 125/ea (A370) Straightening of bar (if required) ................................ 50/ea (C140) Compression Test ..................................................... 300/ea Structural Steel Tests: (C140) Compression Test (ea. addtl. specimen) .................. 125/ea (A370) Machining & Prep of Test Specimen ............... Cost + 20% (C426) Linear Drying Shrinkage ........................................... 350/ea (A370) Tensile Strength & Elongation (C109/UBC 21-16) Mortar Cylinder (2”x4”) ......................... 30/ea Up to 200,000 lbs ................................................. $125/ea (C942) Grout Prism (3”x3”x6”), trimming included ............... 35/ea 200,000 – 300,000 lbs ............................................ 150/ea Masonry Prism (Assemblage):
300,000 – 400,000 lbs ........................................................... 175/ea (C1314) 8”x8”x16” – 8”x12”x16” ..................................... $200/ea Pre-stressing Wire & Tendon Tests: (C1314) 8”x16”x16” – 10”x12”x16” ................................... 225/ea (A421) Tensile Strength, Single Wire................................. $175/ea (C1314) 12”x12”x16” – 12”x16”x16” ................................. 250/ea (A416) Tensile Strength, 7-Wire Strand ............................. $200/ea (C1314) Larger than 12”x16”x16” ........................................ Quote - 3 -
LABORATORY TESTS* (CONTINUED)
High Strength Bolt, Nut, & Washer Tests: Brick Test (Set of 5 Specimens):
(A325/A490) Tensile Test on Bolts .................................... $100/ea (C67) 24-Hour Absorption, Cold Water ............................. $250/set (A563) Proof Load Test on Nuts ........................................ $100/ea (C67) 5-Hour Absorption, Boiling Water .......................... $250/set (A325/A490) Hardness Test on Bolts ................................... $50/ea (C67) Compression Test or Modulus of Rupture ............... $300/set (A536) Hardness Test on Nuts .............................................. $50/ea (C67) Each Additional Specimen ........................................ $100/ea (F436) Hardness Test on Washers ........................................ $50/ea CONCRETE** Weld Specimen Tests: Mix Designs:
(E164) Ultrasonic Examination .............................. Quote (ACI211/ACI214) Concrete Mix Design ............................ $450/ea Machining & Prep of Test Specimen ............................ Cost + 20% (ACI211/ACI214) Review of Concrete Mix Design ........... $450/ea (E381) Macrotech Test (3 Faces) ............................................ $355 (C192) Concrete Trial Mix (includes equipment & labor) .. $650/ea ASPHALT TESTING Concrete Properties:
Asphalt Properties: (C39/CT521/T22) Comp. Strength, Concrete Cyl................. $30/ea (D2726/CT308/T166) Bulk Spec. Grav. Compacted HMA $100/ea (C42/CT521/T22) Comp. Strength, Concrete/Gunite Core ... $60/ea (D1560/CT366) Stabilometer Value (HVEEM) ................ $225/ea (C78/CT523) Flex. Strength of 6”x6”x21” Concrete Beam .. 125/ea (D2041) Theoretical Max Specific Gravity ........................ $200/ea (C174) Length Measuring of Drilled Cores ........................ $100/ea (D5444) Sieve Analysis of Extracted Asphalt .................... $250/ea (C1140) Shotcrete Panel-Coring & Testing (Set of 3) ....... $350/set (D6307/CT382) Percent Asphalt, Ignition Method............. $175/ea (C1140) Shotcrete Panel (each addtl. specimen) ................. $125/ea (D1188) Unit Weight of Asphalt Core .................................. $95/ea (C496) Static Modulus of Elasticity .................................... $250/ea MISCELLANEOUS TESTING SERVICES (C496) Drying Shrinkage (Set of 3, up to 28 days) ............ $650/set Calibration of Hydraulic Ram: (C642) Spec. Gravity, Absorp., Voids in Hardened Concrete . 95/ea 100 Ton & Under ................................................................ $250/ea 101 Tons – 200 Tons ............................................................ 350/ea (F1869) Vapor Emission Rate, Concrete Subfloor .................. 50/ea Use of Universal Testing Machine:
UTM with One Operator .................................................... $400/ea Additional Technician ...................................... Regular Tech Rate Spray Applied Fireproofing:
(E605/E736) Fireproofing Oven Dry Density/Thickness ... $125/ea *2X Surcharge on rush turn-around for laboratory testing. **Fee applies for sample storage, testing, or disposal.
1. Listed are typical charges for the services most frequently performed by Geocon. Prices for unlisted services as well as special quotations for programs involving volume work will be provided upon request. Laboratory test prices shown are for laboratory work only, and include reporting of routine results not calling for comments, recommendations or conclusions.
2. Sampling and testing is conducted in substantial conformance with the latest applicable or designated specifications of the American Society for Testing and Materials, Caltrans, American Association of State Highway and Transportation Officials, or other pertinent agencies.
3. Saturday, night work, and overtime hours are charged at time and one-half; Sundays and holidays at double time. Per diem is $155.00 per day when location of work dictates.
4. Equipment and materials will be billed at cost plus 15%. Outside services including subcontractors and rental of special equipment are billed at cost plus 15%. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein, with a minimum two-hour charge
5. Invoices will be submitted at four-week intervals. Terms of payment are met upon presentation of invoice. Invoices become delinquent thirty (30) days from invoice date and subject to one and one-half percent (1-1/2%) service charge per month, or the maximum rate allowed by law, whichever is lower. If Client objects to all or any portion of any invoice, Client will so notify Geocon in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. Payment on delinquent invoices will first be applied to accrued interest and then to the principal amount. All time spent and expenses incurred (including any attorney's fees and costs) in connection with collection of any delinquent amount will be paid by Client to Geocon per Geocon's current fee schedule.
6. Client and Geocon shall allocate certain of the risks so that, to the fullest extent permitted by law, Geocon’s (the term “Geocon” includes Geocon’s partners, officers, directors, employees, agents, affiliates, subcontractors and subconsultants) total aggregate liability to Client is limited to the greater of $50,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all of Client’s injuries, damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes, including attorneys’ fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above.
7. Client and Geocon shall allocate certain of the other risks so that, to the fullest extent permitted by law, Client shall limit Geocon’s total aggregate liability to all third parties, including contractors, subcontractors of all tiers, materialmen, and others involved in Client’s project, as well as persons and other entities not involved in the project, to the greater of $100,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all injuries, damages, cause or causes, including attorneys’ fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above, including all liability incurred by Geocon for acts, errors, or omissions, pursuant to entering into agreements with third parties on behalf of Client in order to obtain access or entry onto property not owned by Client. Client agrees to notify all contractors and subcontractors of any limitation of Geocon’s liability to them, and require them to abide by such limitation for damages suffered by any contractor or subcontractor arising from Geocon’s actions or inactions. Neither the contractor nor any subcontractor assumes any liability for damages to others which may arise on account of Geocon’s actions or inactions.
City of Brea
City Council Regular Meeting Communication
Placeholder - Arovista Plans and Specs
Type...
City of Brea
City Council Regular Meeting Communication
Placeholder - Second Reading Ordinance No. 1244
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Placeholder - Award of Contract for Citywide Scanning
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Monthly Report of Investments for the City of Brea for Period Ended September 30, 2023 Copy Copy TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager
RECOMMENDATION
Receive and file.
BACKGROUND/DISCUSSION
The Monthly Report of Investments is prepared in accordance with Government Code Sections (GCS) 41004 and 53607 and contains information on the City's investment activities for the month of September. Cash for day-to-day activities is deposited in the demand and interest-bearing checking accounts. The Local Agency Investment Fund (LAIF) is used for short-term investments and functions like a savings account. The City’s managed investment portfolio is for long-term investments, which are managed through Chandler Asset Management (Chandler). Together, the short and long-term investment accounts represent the City’s investment portfolio.
Attachment A includes an Investment Information Summary and Monthly Account Statement prepared by Chandler for invested funds. The book value is the cost of investments, plus or minus amortization/accretion. As of September 30, 2023, the total market value of the managed investment portfolio, including accrued interest, was $87,694,297.63 as compared to $87,978,412.20 at August 31, 2023. The weighted average investment yield for September 30, 2023 was 2.27%, which was slightly higher than the prior month. The City’s Local Agency Investment Fund (LAIF) had a total market value, including accrued interest of $3,323,323.39 at September 30, 2023. This brings the total value of the City’s investment portfolio as of September 30, 2023 to $91,017,621.02 as compared to $88,692,444.22 at August 31, 2023.
The City has restricted cash and investments held in the post-employment benefits trust account administered by PARS (PARS account), which is managed by HighMark Capital (HighMark) and the City's various bond reserve accounts which are managed by Chandler. Attachment A includes a monthly statement from US Bank for the PARS account as well as a portfolio report from Chandler for each bond reserve account that is invested. As of September 30, 2023, the market value of the PARS account, including short-term cash and accrued interest was $10,081,867.68 compared to $10,429,329.47 from the prior month. All other restricted cash investments (bond reserve accounts), including short-term cash and accrued interest, was $668,667.20 in comparison to $1,375,603.04 from the prior month.
Pursuant to the City's investment policy, with the exception of LAIF, direct time certificates of deposit and money market mutual funds, all City investments are held by third-party custodians. The Bank of New York Mellon Trust Company, N.A. (BNY) holds accounts managed by Chandler and US Bank holds the PARS account managed by HighMark, which acts as an agent of the City. All securities are held in the name of the City of Brea. The City of Brea has sufficient cash flow to meet its expected expenditures for the next six months.
FISCAL IMPACT/SUMMARY
During the month of September, the total value of the City’s investment portfolio increased by $2,325,176.80. The increase was primarily due the collection of sales tax in the amount of $2,069,942.57 and other revenues. The City’s PARS account decreased by $347,461.79 due to market rate adjustments. The City’s bond reserve accounts decreased by $706,935.84 due to payments made to the bondholders on September 1, 2023 for the 2017 Brea Plaza Improvement CFC bonds and the 2019 Olinda Ranch Public Improvement CFD Bonds.
RESPECTFULLY SUBMITTED:
William Gallardo, City Manager
Prepared by: Faith Madrazo, Financial Services Manager, Revenue Concurrence: Kristin Griffith, Director of Administrative Services and Monica Lo, Deputy Director of Administrative Services City of Brea
City Council Regular Meeting Communication
Purchase of Ambulances Copy
TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager
RECOMMENDATION
Authorize the City Manager or designee to issue a purchase order for $905,525.82 to Republic EVS and approve a 10% contingency.
BACKGROUND/DISCUSSION
On October 3, the Brea Fire Department brought before Council, a recommendation to establish an in-house Brea ambulance program. The first option provided to Council was to continue to operate with a third-party vendor to provide ambulance transport services based upon a contractual amount. The vendor would provide the apparatus and personnel.
The ambulances would continue to operate out of fire stations 2 and 3. The ambulance billing, however, would be provided through a separate third-party contractor.
Option two was to create an in-house ambulance program. In this model, the ambulances would be owned and operated by the City. The ambulance operators would be Brea employees and the billing would be provided by a third-party contractor.
After hearing both options, Council decided to move forward with an in-house ambulance program, but in the interim, put out an RFP to secure a vendor for the billing component. Council gave direction to move ahead with ordering ambulances, establishing job classifications, securing surge plan ambulance agreements, and submitting applications to Medicare and Medi Cal as an ambulance service provider.
There is currently one ambulance available for immediate purchase at the factory. The only modification needed is to have the ambulance painted red to match our current fire apparatus. The cost of the ambulance is $266,638.31 and the estimated cost to have it painted is $15,000. The painting is expected to take four weeks. If this available ambulance is not purchased, there is currently a 12 to 14-month delay for another ambulance to become available.
A second ambulance is expected to be ready in approximately six months. This ambulance has a cost of $299,082.33.
The purchase of a third ambulance needs to be done in two parts. The first part of the purchase is the cab and chassis at a cost of $74,687.11. After purchasing the cab and chassis, it would be shipped to Medix Specialty Vehicle, Inc to await production of the body. The full cost of ambulance three would be $324,805.18, minus the cost of the pre-purchased cab and chassis.
There is an urgency in purchasing the two ambulances, as well as the cab and chassis for ambulance three. This is due to product shortages and UAW labor disputes which impact the ability to secure ambulances anytime in the next 12-14 months if not purchased immediately. The final cost of the ambulances, other than ambulance one which is already built, is contingent on available Government Factory Rebates which are subject to change. If the rebates become unavailable when ambulances two and three are being built, the cost is subject to increase. That is why there is a request for a 10% contingency. Not moving forward with the purchase of these ambulances also delays the implementation of the in-house ambulance program, which will improve service to the community and potential revenue for the City. Based on revenue projections, within three years, there will be cost recovery for the full purchase price of the ambulances.
COMMISSION/COMMITTEE RECOMMENDATION
This item was recommended for approval at the October 31 Finance Committee meeting.
FISCAL IMPACT/SUMMARY
The total cost of the three ambulances is $905,525.82. Funding for this purchase will come out the Paramedic and General Funds.
RESPECTFULLY SUBMITTED:
William Gallardo, City Manager
Prepared by: Lisa Keyworth, Emergency Preparedness Coordinator Concurrence: George Avery, Fire Chief
City of Brea
City Council Regular Meeting Communication
October Outgoing Payment Log and November 3, 10, 17, & 24, 2023 City Disbursement Registers TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager
Attachments
City Disbursement Register 11.03.23.pdf
City Disbursement Register 11.10.23.pdf
RECOMMENDATION
Receive and file.
RESPECTFULLY SUBMITTED:
William Gallardo, City Manager
Prepared by: Ana Conrique, Senior Accountant and
Monica Lo, Deputy Director of Administrative Services
Concurrence: Kristin Griffith, Director of Administrative Services City Disbursement Register
Between Oct 30, 2023 12:00 AM and Nov 3, 2023 11:59 PM
Check
#
Vendor Name Check
Date
Vendor
#
Budget Unit Description Amount
194019 AMTECH LIGHTING SERVICES 11/03/2023 19028 475141471 DOME COVER (4) $103.90 AMTECH LIGHTING SERVICES Total Check Amount: $103.90
194062 ARDURRA GROUP, INC. 11/03/2023 29147 510707626 PROF SVC THRU 7/31/23 $892.05 11/03/2023 29147 510707631 PROF SVC THRU 7/31/23 $892.05 11/03/2023 29147 510707329 PROF SVC THRU 7/31/23 $892.05 11/03/2023 29147 510707479 PROF SVC THRU 9/30/23 $932.77 11/03/2023 29147 510707609 PROF SVC THRU 7/31/23 $892.06 11/03/2023 29147 510707609 PROF SVC THRU 9/30/23 $932.77 11/03/2023 29147 510707631 PROF SVC THRU 9/30/23 $932.77 11/03/2023 29147 510707466 PROF SVC THRU 7/31/23 $892.06 11/03/2023 29147 510707626 PROF SVC THRU 9/30/23 $932.77 11/03/2023 29147 510707633 PROF SVC THRU 9/30/23 $932.77 11/03/2023 29147 510707329 PROF SVC THRU 9/30/23 $932.77 11/03/2023 29147 510707466 PROF SVC THRU 9/30/23 $932.77 11/03/2023 29147 510707479 PROF SVC THRU 7/31/23 $892.06 11/03/2023 29147 510707633 PROF SVC THRU 7/31/23 $892.05 ARDURRA GROUP, INC. Total Check Amount: $12,773.77
194063 AT&T 11/03/2023 22050 475141471 7634923806 10-11-23 $3,782.15 11/03/2023 22050 475141471 6584092802 10-11-23 $2,574.20 AT&T Total Check Amount: $6,356.35
194064 AT&T 11/03/2023 22390 475141471 7149110022 9/14-10/13 $217.73 11/03/2023 22390 475141471 714911002210/14-11/13 $217.73 AT&T Total Check Amount: $435.46
194065 AVENU INSIGHTS & ANALYTICS, LLC 11/03/2023 29396 110141424 SUTA SVC-Q1 2023 $3,998.45 AVENU INSIGHTS & ANALYTICS, LLC Total Check Amount: $3,998.45 194066 BKF ENGINEERS 11/03/2023 29410 510707322 PROF SVC THRU 5/22/22 $2,929.00 BKF ENGINEERS Total Check Amount: $2,929.00
194067 KELSIE M. BLACKWELL 11/03/2023 29165 110404542 ONCE23 CHOREOGRAPHER $1,500.00 KELSIE M. BLACKWELL Total Check Amount: $1,500.00
194068 CALIF BUILDING STANDARDS
COMMISSION
11/03/2023 20578 110 GRNBLDG FEE 23/24 Q1 $817.00
11/03/2023 20578 110000000 GBF 10% 23/24 Q1 ($81.70)
CALIF BUILDING STANDARDS COMMISSION Total Check Amount: $735.30 194069 CHARTER COMMUNICATIONS 11/03/2023 31694 110111143 CABLE CHGS OCT/NOV 23 $95.13 CHARTER COMMUNICATIONS Total Check Amount: $95.13
194070 CINTAS 11/03/2023 24347 110404542 BCC FIRST AID RESTOCK $151.55 CINTAS Total Check Amount: $151.55
194071 CIVILTEC ENGINEERING INC. 11/03/2023 2581 510707470 PROF SVC THRU 7/31 $1,992.50 11/03/2023 2581 510707479 PROF SVC THRU 9/01/23 $21,388.75 Nov 1, 2023 1 of 7 5:31:02 PM
City Disbursement Register
Between Oct 30, 2023 12:00 AM and Nov 3, 2023 11:59 PM
Check
#
Vendor Name Check
Date
Vendor
#
Budget Unit Description Amount
194071 CIVILTEC ENGINEERING INC. 11/03/2023 2581 510707470 PROF SVC THRU 9/1/23 $14,792.50 11/03/2023 2581 510707479 PROF SVC THRU 7/31 $10,729.58 11/03/2023 2581 510707631 PROF SVC THRU 7/31 $920.00
CIVILTEC ENGINEERING INC. Total Check Amount: $49,823.33 194072 PATRICK COPELAND 11/03/2023 32652 110404542 ONCE 23 MUSIC/ACTOR $3,000.00 PATRICK COPELAND Total Check Amount: $3,000.00
194073 DEPARTMENT OF CONSERVATION 11/03/2023 2278 110 STRNG MTN FEE 23/24Q1 $2,512.14 11/03/2023 2278 110000000 SM FEES 5% 23/24 Q1 ($125.61) DEPARTMENT OF CONSERVATION Total Check Amount: $2,386.53 194074 SOUTHERN CALIFORNIA EDISON 11/03/2023 3343 110515121 OCT 2023 ELECTRICITY $8,773.63 11/03/2023 3343 420515131 OCT 2023 ELECTRICITY $71,025.00 SOUTHERN CALIFORNIA EDISON Total Check Amount: $79,798.63 194075 FIRST AMERICAN DATA TREE, LLC 11/03/2023 31301 475141471 23/24 DATA SOLUTIONS $3,000.00 FIRST AMERICAN DATA TREE, LLC Total Check Amount: $3,000.00 194076 THE GAS COMPANY 11/03/2023 3749 490515151 SEPTEMEBER 2023 GAS $148.66 THE GAS COMPANY Total Check Amount: $148.66
194077 HF&H CONSULTANTS, LLC 11/03/2023 27542 440515122 SB1383 SVCS SEP 2023 $6,241.50 HF&H CONSULTANTS, LLC Total Check Amount: $6,241.50
194078 HORNE LLP DBA CA LIHWAP 11/03/2023 32432 440000000 REFUND-LIWAP OVERPYMT $113.68 HORNE LLP DBA CA LIHWAP Total Check Amount: $113.68
194079 HUEI DANCE PERFORMING ARTS 11/03/2023 32653 110 RENTAL DEPOSIT REFUND $500.00 HUEI DANCE PERFORMING ARTS Total Check Amount: $500.00
194080 HYDROPRO SOLUTIONS 11/03/2023 31845 420515131 METERS $6,734.23 HYDROPRO SOLUTIONS Total Check Amount: $6,734.23
194081 JACOB GREEN & ASSOCIATES, INC 11/03/2023 32038 110212111 LEGAL SVCS 9/30/23 $1,000.00 JACOB GREEN & ASSOCIATES, INC Total Check Amount: $1,000.00 194082 LU'S LIGHTHOUSE, INC. 11/03/2023 28330 480515161 BEACON LIGHTS $385.36 LU'S LIGHTHOUSE, INC. Total Check Amount: $385.36
194083 LVH ENTERTAINMENT SYSTEMS 11/03/2023 32655 110404542 RIGGING & SAFETY INSP $2,500.00 LVH ENTERTAINMENT SYSTEMS Total Check Amount: $2,500.00 194084 MEALS ON WHEELS ORANGE COUNTY 11/03/2023 30682 110404521 23/24 Q1 SENIORSERV $5,000.00 MEALS ON WHEELS ORANGE COUNTY Total Check Amount: $5,000.00 194085 MONUMENT ROW 11/03/2023 32407 510707946 ROW CONSULT SVC-SEP23 $290.00 MONUMENT ROW Total Check Amount: $290.00
194086 NEWGEN STRATEGIES & SOLUTIONS,
LLC
11/03/2023 31442 440515122 S/W COS STUDY 10/15 $3,355.00 NEWGEN STRATEGIES & SOLUTIONS, LLC Total Check Amount: $3,355.00 194087 JOSE BENITO NUNEZ 11/03/2023 32651 110404541 VIDEO SVCS $500.00 JOSE BENITO NUNEZ Total Check Amount: $500.00
Nov 1, 2023 2 of 7 5:31:02 PM
City Disbursement Register
Between Oct 30, 2023 12:00 AM and Nov 3, 2023 11:59 PM
Check
#
Vendor Name Check
Date
Vendor
#
Budget Unit Description Amount
194088 ORANGE COUNTY WINWATER WORKS 11/03/2023 28030 420515131 PLUMBING SUPPLIES $3,919.95 ORANGE COUNTY WINWATER WORKS Total Check Amount: $3,919.95 194089 OC WRAPS, INC. 11/03/2023 32433 110404541 TTB WINDOW INSTALL $450.19 OC WRAPS, INC. Total Check Amount: $450.19
194090 THE PINK DOOR SALON 11/03/2023 32656 110 RENTAL DEPOSIT REFUND $408.75 THE PINK DOOR SALON Total Check Amount: $408.75
194091 TARA PITT 11/03/2023 22990 110404542 ONCE23 ASSIST DIRECT $1,200.00 TARA PITT Total Check Amount: $1,200.00
194092 RBI TRAFFIC, INC 11/03/2023 30571 510707479 PLAN CK SVC JUL-SEP23 $112.50 11/03/2023 30571 110000000 PLAN CK SVC JUL-SEP23 ($280.80) 11/03/2023 30571 510707329 PLAN CK SVC JUL-SEP23 $112.50 11/03/2023 30571 110515171 EB BIRCH ST PLANS $1,400.00
11/03/2023 30571 84051517P PLAN CK SVC JUL-SEP23 $14,320.80 RBI TRAFFIC, INC Total Check Amount: $15,665.00
194093 RIO HONDO COLLEGE 11/03/2023 6124 110222221 043 ADV FIRE (29) $1,450.00 RIO HONDO COLLEGE Total Check Amount: $1,450.00
194094 LAUREN SHOEMAKER 11/03/2023 32154 110404542 ONCE23 PROD STAGEMNGR $1,500.00 LAUREN SHOEMAKER Total Check Amount: $1,500.00
194095 SOUTH COAST AIR QUALITY MGMT
DIST
11/03/2023 10871 480515161 174303 RENEWAL FEE $504.91
SOUTH COAST AIR QUALITY MGMT DIST Total Check Amount: $504.91 194096 SOUTH COAST AIR QUALITY MGMT
DIST
11/03/2023 10871 480515161 174303 EMISSIONS FEE $160.35 SOUTH COAST AIR QUALITY MGMT DIST Total Check Amount: $160.35 194097 STAGES THEATRE INC 11/03/2023 31558 110 MCM40 PAYOUT#2 $9,334.08 STAGES THEATRE INC Total Check Amount: $9,334.08
194098 STOP HUMAN TRAFFICKING NOW LLC 11/03/2023 32657 110212111 1ST RESP.TRAINING (3) $345.00 STOP HUMAN TRAFFICKING NOW LLC Total Check Amount: $345.00 194099 TEC EQUIPMENT 11/03/2023 32466 480515161 TURBO REPAIR $4,088.45 TEC EQUIPMENT Total Check Amount: $4,088.45
194100 JACOB WALLENBROCK 11/03/2023 32658 110404421 TRUMPET PERFORMANCE $100.00 JACOB WALLENBROCK Total Check Amount: $100.00
194101 WEBSTAURANT STORE LLC 11/03/2023 32577 440515122 RECYLCING BINS $1,866.15 WEBSTAURANT STORE LLC Total Check Amount: $1,866.15
194102 KEVIN WEED 11/03/2023 25941 110404421 11/11/23 BAGPIP PERF $200.00 KEVIN WEED Total Check Amount: $200.00
194103 BRIAN YABUR 11/03/2023 32659 110 RENTAL DEPOSIT REFUND $823.50 BRIAN YABUR Total Check Amount: $823.50
Check Subtotal $235,872.16
Nov 1, 2023 3 of 7 5:31:02 PM
City Disbursement Register
Between Oct 30, 2023 12:00 AM and Nov 3, 2023 11:59 PM
Check
#
Vendor Name Check
Date
Vendor
#
Budget Unit Description Amount
V53425 AARON DANIEL ADAM 11/03/2023 32005 110212111 TRAINING MILEAGE $100.41 AARON DANIEL ADAM Total Check Amount: $100.41
V53426 ROGER AIELLI 11/03/2023 31021 110404424 UMPIRE FEE 10/23/23 $102.00 ROGER AIELLI Total Check Amount: $102.00
V53427 ALL CITY MANAGEMENT SERVICES INC 11/03/2023 6604 110212132 CROSSGUARD 10/1-10/14 $3,431.25 ALL CITY MANAGEMENT SERVICES INC Total Check Amount: $3,431.25 V53428 ALL TRAFFIC SOLUTIONS 11/03/2023 27984 110212132 23/24 TRAFFIC SUITE $3,000.00 ALL TRAFFIC SOLUTIONS Total Check Amount: $3,000.00
V53429 ALLSTAR FIRE EQUIPMENT 11/03/2023 8353 110222221 HELMETS (3) $369.81 ALLSTAR FIRE EQUIPMENT Total Check Amount: $369.81
V53430 ALTERNATIVE HOSE, INC. 11/03/2023 18488 480515161 HYDRANT WRENCH $90.45 ALTERNATIVE HOSE, INC. Total Check Amount: $90.45
V53431 BREA DISPOSAL, INC 11/03/2023 3330 440515122 SEP 23 RES TONNAGE $98,782.50 BREA DISPOSAL, INC Total Check Amount: $98,782.50
V53432 AMANDA ROSE CHEVALIER 11/03/2023 32520 110212111 FEMALE ENF EMOTIONAL $16.00 11/03/2023 32520 110212111 TRAINING MILEAGE $129.04
AMANDA ROSE CHEVALIER Total Check Amount: $145.04
V53433 KATHERINE MARIE CHIDESTER 11/03/2023 29117 110404541 MILEAGE AUG 2023 $31.05 KATHERINE MARIE CHIDESTER Total Check Amount: $31.05
V53434 DANIELS TIRE SERVICE 11/03/2023 3133 480515161 TIRES $2,962.36 DANIELS TIRE SERVICE Total Check Amount: $2,962.36
V53435 ENTERPRISE SECURITY, INC. 11/03/2023 18042 475141471 BATTERY SVC F1 TERM $3,169.46 11/03/2023 18042 490515151 BATTERY SVC F1 TERM $3,169.46 ENTERPRISE SECURITY, INC. Total Check Amount: $6,338.92 V53436 EQUIPMENT DIRECT INC 11/03/2023 4522 110515144 SAFETY EQUIPMENT $132.88 EQUIPMENT DIRECT INC Total Check Amount: $132.88
V53437 FLEMING ENVIRONMENTAL, INC. 11/03/2023 18487 480515161 TANK TEST-CCC $775.00 11/03/2023 18487 480515161 TANK TEST-FS#3 $775.00
FLEMING ENVIRONMENTAL, INC. Total Check Amount: $1,550.00 V53438 FUSCOE ENGINEERING, INC. 11/03/2023 18052 840141412 PLAN CK SVC THRU 8/31 $4,335.75 11/03/2023 18052 840141412 PLAN CK SVC THRU 7/31 $262.00 11/03/2023 18052 840141412 PLAN CK SVC THRU 9/30 $3,090.25 FUSCOE ENGINEERING, INC. Total Check Amount: $7,688.00
V53439 GALE SUPPLY COMPANY 11/03/2023 21090 110515141 TOILETRIES $634.17 GALE SUPPLY COMPANY Total Check Amount: $634.17
V53440 GRAFIX SYSTEMS 11/03/2023 28716 174222222 EMS VEH LETTERING $379.55 GRAFIX SYSTEMS Total Check Amount: $379.55
V53441 HAAKER EQUIPMENT CO. 11/03/2023 4297 480515161 CONNECTORS $210.18 Nov 1, 2023 4 of 7 5:31:02 PM
City Disbursement Register
Between Oct 30, 2023 12:00 AM and Nov 3, 2023 11:59 PM
Check
#
Vendor Name Check
Date
Vendor
#
Budget Unit Description Amount
V53441 HAAKER EQUIPMENT CO. 11/03/2023 4297 480515161 PUMP REPAIR $916.34 HAAKER EQUIPMENT CO. Total Check Amount: $1,126.52
V53442 CHRISTOPHER H. HADDAD 11/03/2023 15668 110212111 COPS NATIONAL CONF $176.50 CHRISTOPHER H. HADDAD Total Check Amount: $176.50
V53443 GABRIEL HANNAH 11/03/2023 17533 110404424 UMPIRE FEE 10/23/23 $102.00 GABRIEL HANNAH Total Check Amount: $102.00
V53444 IMPERIAL SPRINKLER SUPPLY 11/03/2023 32183 110515143 IRRIGATION SUPPLIES $100.14 IMPERIAL SPRINKLER SUPPLY Total Check Amount: $100.14
V53445 JONATHAN INFANTE 11/03/2023 24628 110404542 ONCE23 DIRECTOR $1,500.00 JONATHAN INFANTE Total Check Amount: $1,500.00
V53446 INLAND ROUNDBALL OFFICIALS INC. 11/03/2023 31906 110404424 UMPIREFEE 10/19 10/22 $1,120.00 INLAND ROUNDBALL OFFICIALS INC. Total Check Amount: $1,120.00 V53447 INTELESYSONE, INC. 11/03/2023 28212 475141471 PROF. SVCS 10/23/23 $229.12 INTELESYSONE, INC. Total Check Amount: $229.12
V53448 INTERWEST CONSULTING GROUP, INC. 11/03/2023 28473 510707476 PROF SVC THRU 7/31/23 $2,004.00 11/03/2023 28473 510707717 CIP MGMT JULY 2023 $97.50
11/03/2023 28473 510707956 PROF SVC THRU 8/31/23 $360.00 11/03/2023 28473 510707322 CIP MGMT AUG 2023 $1,511.25
11/03/2023 28473 510707299 PROF SVC THRU 8/31/23 $167.00 11/03/2023 28473 510707328 CIP MGMT JULY 2023 $160.00
11/03/2023 28473 510707476 PROF SVC THRU 8/31/23 $1,795.25 11/03/2023 28473 510707965 PROF SVC THRU 7/31/23 $208.75 11/03/2023 28473 510707299 PROF SVC THRU 7/31/23 $250.50 11/03/2023 28473 510707322 CIP MGMT JULY 2023 $828.75
11/03/2023 28473 510707328 CIP MGMT AUG 2023 $32.50
11/03/2023 28473 510707442 CIP MGMT JULY 2023 $97.50
11/03/2023 28473 510707965 PROF SVC THRU 8/31/23 $2,380.00 INTERWEST CONSULTING GROUP, INC. Total Check Amount: $9,893.00 V53449 DAVID TAEKEK KANG 11/03/2023 29475 110212111 COPS NATIONAL CONF $176.50 DAVID TAEKEK KANG Total Check Amount: $176.50
V53450 KREUZER CONSULTING GROUP 11/03/2023 22072 510707329 PROF SVC THRU 7/31/23 $13,346.00 KREUZER CONSULTING GROUP Total Check Amount: $13,346.00 V53451 LAKEMAN CHASSIS 11/03/2023 12885 480515161 ARROWBOARD INSTALL #2314
$1,526.89
LAKEMAN CHASSIS Total Check Amount: $1,526.89
V53452 LEIGHTON CONSULTING, INC 11/03/2023 22203 510707631 GEOTECH SVC-JULY 2023 $700.00 11/03/2023 22203 510707631 GEOTECH SVC-AUG 2023 $18,850.00 LEIGHTON CONSULTING, INC Total Check Amount: $19,550.00 Nov 1, 2023 5 of 7 5:31:02 PM
City Disbursement Register
Between Oct 30, 2023 12:00 AM and Nov 3, 2023 11:59 PM
Check
#
Vendor Name Check
Date
Vendor
#
Budget Unit Description Amount
V53453 LIEBERT CASSIDY WHITMORE 11/03/2023 2489 470141483 LEGAL SVCS 9/30/23 $794.50 11/03/2023 2489 110141481 LEGAL SVCS 9/30/23 $6,160.50
LIEBERT CASSIDY WHITMORE Total Check Amount: $6,955.00
V53454 LOS ANGELES TRUCK CENTERS, LLC 11/03/2023 7300 480515161 SENSOR $750.06 LOS ANGELES TRUCK CENTERS, LLC Total Check Amount: $750.06 V53455 JOSELYN ELIZABETH MAGANA 11/03/2023 32110 110212111 COPS NATIONAL CONF $176.50 JOSELYN ELIZABETH MAGANA Total Check Amount: $176.50
V53456 MARK THOMAS & COMPANY, INC 11/03/2023 30436 510707946 PROF SVC THRU 10/1/23 $14,081.22 MARK THOMAS & COMPANY, INC Total Check Amount: $14,081.22 V53457 JAMIE KRISTINE MCDONALD 11/03/2023 23730 110212111 COPS NATIONAL CONF $176.50 JAMIE KRISTINE MCDONALD Total Check Amount: $176.50
V53458 TINA M MEYER 11/03/2023 12786 110212133 SEPTEMBER 23 MILEAGE $154.58 TINA M MEYER Total Check Amount: $154.58
V53459 NIEVES LANDSCAPE, INC. 11/03/2023 31375 110515143 IRRIGATION WORK $2,258.00 11/03/2023 31375 110515148 IRRIGATION WORK $180.00
11/03/2023 31375 346515112 IRRIGATION WORK $980.00
11/03/2023 31375 343515112 IRRIGATION WORK $310.00
NIEVES LANDSCAPE, INC. Total Check Amount: $3,728.00
V53460 MIGUEL OJEDA 11/03/2023 25161 110212111 TRAINING EXPENSES $12.58 MIGUEL OJEDA Total Check Amount: $12.58
V53461 RCS INVESTIGATIONS & CONSULTING
LLC
11/03/2023 22534 110141481 HR SVCS 10/10/23 (2) $3,200.00 RCS INVESTIGATIONS & CONSULTING LLC Total Check Amount: $3,200.00 V53462 ROTH STAFFING COMPANIES LP 11/03/2023 27579 110222211 TEMP STAFF WE10/15/23 $1,436.48 ROTH STAFFING COMPANIES LP Total Check Amount: $1,436.48 V53463 STAGELIGHT FAMILY PRODUCTIONS 11/03/2023 7825 110404542 BYT24 SEUSSICAL #1 $25,065.00 STAGELIGHT FAMILY PRODUCTIONS Total Check Amount: $25,065.00 V53464 SUPERIOR ALARM SYSTEMS 11/03/2023 11074 475141471 AROVISTA JAN23-DEC23 $540.00 SUPERIOR ALARM SYSTEMS Total Check Amount: $540.00
V53465 UNITED ROTARY BRUSH
CORPORATION
11/03/2023 16649 480515161 SWEEPER BROOMS $578.37
UNITED ROTARY BRUSH CORPORATION Total Check Amount: $578.37 V53466 VIRTUAL PROJECT MANAGER 11/03/2023 23508 510515171 CIP/SW/BCKUP/ST OCT23 $500.00 11/03/2023 23508 510515171 CIP/SW/BCKUP/ST SEP23 $500.00 VIRTUAL PROJECT MANAGER Total Check Amount: $1,000.00
V53467 VORTEX 11/03/2023 15007 110515144 DOOR MAINTENANCE SVC $911.00 VORTEX Total Check Amount: $911.00
V53468 WEST COAST ARBORISTS, INC. 11/03/2023 1556 341515112 MD1 TREE MAINTENANCE $441.30 11/03/2023 1556 345515112 MD5 TREE MAINTENANCE $825.23
Nov 1, 2023 6 of 7 5:31:02 PM
City Disbursement Register
Between Oct 30, 2023 12:00 AM and Nov 3, 2023 11:59 PM
Check
#
Vendor Name Check
Date
Vendor
#
Budget Unit Description Amount
V53468 WEST COAST ARBORISTS, INC. 11/03/2023 1556 110515142 TREE MAINTENANCE $4,395.30 WEST COAST ARBORISTS, INC. Total Check Amount: $5,661.83 V53469 WEST COAST SAND & GRAVEL, INC. 11/03/2023 11519 420515131 UTILITY SAND $619.19 WEST COAST SAND & GRAVEL, INC. Total Check Amount: $619.19 V53470 WESTCOAST SHIRTWORKS, INC. 11/03/2023 22572 110515171 2 TOPS & EMBROIDERY $176.54 WESTCOAST SHIRTWORKS, INC. Total Check Amount: $176.54
V53471 WILLDAN ENGINEERING 11/03/2023 12445 510707251 PROF SVC THRU 7/28/23 $4,988.00 11/03/2023 12445 510707454 PROF SVC THRU 7/28/23 $1,074.31 11/03/2023 12445 510707626 PROF SVC THRU 7/28/23 $243.24 11/03/2023 12445 510707466 PROF SVC THRU 7/28/23 $709.45 WILLDAN ENGINEERING Total Check Amount: $7,015.00
V53472 WILLDAN FINANCIAL SERVICES 11/03/2023 23058 110141431 CDIAC 23 REF LSE REV $600.00 11/03/2023 23058 880141431 10 LETTERS 22/23 PH.1 $156.30 WILLDAN FINANCIAL SERVICES Total Check Amount: $756.30
Voucher Subtotal $247,579.21
TOTAL $483,451.37
Nov 1, 2023 7 of 7 5:31:02 PM
City Disbursement Register
Between Nov 6, 2023 12:00 AM and Nov 10, 2023 11:59 PM
Check
#
Vendor Name Check
Date
Vendor
#
Budget Unit Description Amount
194104 5 STAR FILM LOCATIONS INC 11/10/2023 32666 110111111 CATERING-C+C REC 1026 $4,641.00 5 STAR FILM LOCATIONS INC Total Check Amount: $4,641.00 194105 AMP'D ENTERTAINMENT, INC. 11/10/2023 32030 110404542 WIRELESS HEADSET SVC $3,286.56 AMP'D ENTERTAINMENT, INC. Total Check Amount: $3,286.56 194106 AT&T CALNET 11/10/2023 20391 360515145 CALNET OCT 2023 $55.74 11/10/2023 20391 361515143 CALNET OCT 2023 $112.61
11/10/2023 20391 420515131 CALNET OCT 2023 $497.56
11/10/2023 20391 475141471 CALNET OCT 2023 $7,321.95
11/10/2023 20391 360515147 CALNET OCT 2023 $2.59
AT&T CALNET Total Check Amount: $7,990.45
194107 AVENU INSIGHTS & ANALYTICS, LLC 11/10/2023 29396 110141424 SUTA SVC-Q2 2023 $788.86 AVENU INSIGHTS & ANALYTICS, LLC Total Check Amount: $788.86 194109 BUSINESS CARD 11/10/2023 18749 110212121 BSCARD 092323 PD $625.00 11/10/2023 18749 110212132 BSCARD 082323 ADJ ($4,050.00) 11/10/2023 18749 110212132 BSCARD 082323 PD TRNG $4,050.00 11/10/2023 18749 110222211 BSCARD 092323 FIRE $900.00
11/10/2023 18749 110141481 BSCARD 092323 PD $400.00
11/10/2023 18749 110404425 BSCARD 092323 CS $1,234.50
11/10/2023 18749 181404250 BSCARD 092323 CS $4,348.65
11/10/2023 18749 110141481 BSCARD 092323 DEF REV ($116.29) 11/10/2023 18749 110141481 BSCARD 092323 HR $116.29
11/10/2023 18749 110212111 BSCARD 092323 PD $350.07
11/10/2023 18749 110212111 BSCARD 102323 DEFAULT $3,816.90 11/10/2023 18749 110212131 BSCARD 092323 PD TRNG $7.17
11/10/2023 18749 110222211 BSCARD 092323 DEF REV ($900.00) 11/10/2023 18749 110404211 BSCARD 102323 DEFAULT $790.27 11/10/2023 18749 110404217 BSCARD 092323 CS $97.56
11/10/2023 18749 902009100 BSCARD 092323 PD $140.00
11/10/2023 18749 950000000 ILJAOC BSCARD 1023 MJ $15.99 11/10/2023 18749 110141481 BSCARD 102323 DEFAULT $1,618.64 11/10/2023 18749 110212111 BSCARD 092323 DEF REV ($1,522.24) 11/10/2023 18749 110222211 BSCARD 102323 DEFAULT $136.14 11/10/2023 18749 110404211 BSCARD 092323 DEF REV ($8,288.80) 11/10/2023 18749 110404311 BSCARD 092323 CSII $724.28
11/10/2023 18749 110404428 BSCARD 092323 CS $1,883.81
11/10/2023 18749 420515131 BSCARD 102323 DEFAULT $142.38 BUSINESS CARD Total Check Amount: $6,520.32
Nov 8, 2023 1 of 10 11:00:59 PM
City Disbursement Register
Between Nov 6, 2023 12:00 AM and Nov 10, 2023 11:59 PM
Check
#
Vendor Name Check
Date
Vendor
#
Budget Unit Description Amount
194110 JASMINE CHOI 11/10/2023 32664 420141421 WATER SVC RESTORATION $251.71 JASMINE CHOI Total Check Amount: $251.71
194111 CIVILTEC ENGINEERING INC. 11/10/2023 2581 510707470 PROF SVCS THRU 9/30 $11,151.11 CIVILTEC ENGINEERING INC. Total Check Amount: $11,151.11 194112 COUNTY OF ORANGE 11/10/2023 4799 172212133 800MHZBCKBONE 2324 Q2 $44,675.00 COUNTY OF ORANGE Total Check Amount: $44,675.00
194113 CREATE A PARTY RENTALS 11/10/2023 7113 110404421 BREA FEST RENTALS $6,003.13 CREATE A PARTY RENTALS Total Check Amount: $6,003.13
194114 DAVID VOLZ DESIGN 11/10/2023 31785 510707978 AROVISTA PARK MOD $79,493.12 DAVID VOLZ DESIGN Total Check Amount: $79,493.12
194115 SOUTHERN CALIFORNIA EDISON 11/10/2023 3343 110515121 OCT 2023 ELECTRICITY $22,602.38 11/10/2023 3343 490515151 OCT 2023 ELECTRICITY $7,710.51 11/10/2023 3343 110515125 OCT 2023 ELECTRICITY $7,631.13 SOUTHERN CALIFORNIA EDISON Total Check Amount: $37,944.02 194116 FAST START SAFETY, INC. 11/10/2023 32452 110515141 AERIAL LIFT TRAINING $285.00 11/10/2023 32452 420515131 AERIAL LIFT TRAINING $190.00 11/10/2023 32452 490515151 AERIAL LIFT TRAINING $285.00 11/10/2023 32452 110515121 AERIAL LIFT TRAINING $285.00 11/10/2023 32452 430515123 AERIAL LIFT TRAINING $190.00 11/10/2023 32452 480515161 AERIAL LIFT TRAINING $190.00 FAST START SAFETY, INC. Total Check Amount: $1,425.00
194117 FRONTIER COMMUNICATIONS 11/10/2023 26183 475141471 5621820146 1026-1115 $56.12 FRONTIER COMMUNICATIONS Total Check Amount: $56.12
194118 HOIST SERVICE INC 11/10/2023 8518 480515161 HOIST INSP 10/23/23 $600.00 HOIST SERVICE INC Total Check Amount: $600.00
194119 INTIME SOLUTIONS INC. 11/10/2023 20876 950000000 ILJAOC ISE TEXT OCT23 $3,807.20 INTIME SOLUTIONS INC. Total Check Amount: $3,807.20
194120 LYRIC OPERA OF ORANGE COUNTY 11/10/2023 32667 110 RENTAL DEPOSIT REFUND $500.00 11/10/2023 32667 110 THTR CRED BAL REFUND $40.00
LYRIC OPERA OF ORANGE COUNTY Total Check Amount: $540.00 194121 MR UNIFORM 11/10/2023 29456 110222211 UNIFORM $65.70 11/10/2023 29456 110222221 UNIFORM $120.45
MR UNIFORM Total Check Amount: $186.15
194122 NATIONAL TRAINING CONCEPTS, INC. 11/10/2023 20016 110212111 TRAINING-DIV. DEVICE $307.00 NATIONAL TRAINING CONCEPTS, INC. Total Check Amount: $307.00 194123 JANET NORSETTER 11/10/2023 26021 110404521 ZUMBA GOLD $40.00 JANET NORSETTER Total Check Amount: $40.00
194124 CIENNA OLSEN 11/10/2023 32663 110404421 VETERANS' DAY-ANTHEM $100.00 Nov 8, 2023 2 of 10 11:00:59 PM
City Disbursement Register
Between Nov 6, 2023 12:00 AM and Nov 10, 2023 11:59 PM
Check
#
Vendor Name Check
Date
Vendor
#
Budget Unit Description Amount
CIENNA OLSEN Total Check Amount: $100.00
194125 ORCHESTRA COLLECTIVE OF ORANGE
CTY
11/10/2023 27575 110 CHIAROSCURO PAYOUT $2,389.73
ORCHESTRA COLLECTIVE OF ORANGE CTY Total Check Amount: $2,389.73 194126 PACIFIC SECURITY FENCE SOUTH INC. 11/10/2023 32327 410515124 NEW FENCE CCYN DRN CH $6,980.00 PACIFIC SECURITY FENCE SOUTH INC. Total Check Amount: $6,980.00 194127 PERFORMANCE PIPELINE
TECHNOLOGIES
11/10/2023 32450 430515123 CCTV INSP/CLEAN 8/21 $4,810.00 11/10/2023 32450 430515123 CCTV INSP/CLEAN 8/22 $4,810.00 11/10/2023 32450 430515123 CCTV INSP/CLEAN 8/25 $4,810.00 11/10/2023 32450 430515123 CCTV INSP/CLEAN 8/18 $4,810.00 11/10/2023 32450 430515123 CCTV INSP/CLEAN 8/31 $4,810.00 11/10/2023 32450 430515123 CCTV INSP/CLEAN 8/17 $4,810.00 11/10/2023 32450 430515123 CCTV INSP/CLEAN 8/23 $4,810.00 11/10/2023 32450 430515123 CCTV INSP/CLEAN 8/24 $4,810.00 11/10/2023 32450 430515123 CCTV INSP/CLEAN 9/1 $4,810.00 11/10/2023 32450 430515123 CCTV INSP/CLEAN 8/28 $4,810.00 11/10/2023 32450 430515123 CCTV INSP/CLEAN 8/29 $4,810.00 11/10/2023 32450 430515123 CCTV INSP/CLEAN 8/30 $4,810.00 PERFORMANCE PIPELINE TECHNOLOGIES Total Check Amount: $57,720.00 194128 POWER PLUS 11/10/2023 19076 510707960 POWER EQPT RENTAL $161.00 POWER PLUS Total Check Amount: $161.00
194129 PUENTE HILLS FORD 11/10/2023 25742 480515161 VALVE STEM $274.67 11/10/2023 25742 480515161 BUSHINGS $50.76
11/10/2023 25742 480515161 MOTOR MOUNT $136.88
PUENTE HILLS FORD Total Check Amount: $462.31
194130 SANDWOOD ENTERPRISES INC. 11/10/2023 31533 410515124 SAND BAGS $5,947.81 SANDWOOD ENTERPRISES INC. Total Check Amount: $5,947.81 194131 SOUTHERN CALIFORNIA PERMANENTE 11/10/2023 30681 110141481 HR MED SVCS SEPT 2023 $1,226.00 SOUTHERN CALIFORNIA PERMANENTE Total Check Amount: $1,226.00 194132 DOUGLAS STRICKLIN 11/10/2023 32668 420000000 WATER ACCT
OVERCHARGE
$3,219.24
DOUGLAS STRICKLIN Total Check Amount: $3,219.24
194133 TEC EQUIPMENT 11/10/2023 32466 480515161 TURBO UNIT $5,040.22 TEC EQUIPMENT Total Check Amount: $5,040.22
194134 TESS ELECTRIC INC 11/10/2023 31488 420515131 SCADA TROUBLE
SHOOTING
$4,022.32
TESS ELECTRIC INC Total Check Amount: $4,022.32
194135 JUAN TOPETE 11/10/2023 32665 110404421 VETERANS' DAY-TRUMPET $100.00 JUAN TOPETE Total Check Amount: $100.00
Nov 8, 2023 3 of 10 11:00:59 PM
City Disbursement Register
Between Nov 6, 2023 12:00 AM and Nov 10, 2023 11:59 PM
Check
#
Vendor Name Check
Date
Vendor
#
Budget Unit Description Amount
194136 TURNOUT MAINTENANCE COMPANY,
LLC
11/10/2023 19898 110222221 TURNOUT CLEANING $2,380.00
TURNOUT MAINTENANCE COMPANY, LLC Total Check Amount: $2,380.00 194137 CF UNITED LLC 11/10/2023 30700 480515161 CARWASH SEPT 2023 $212.80 CF UNITED LLC Total Check Amount: $212.80
194138 VERIZON CONNECT NWF, INC. 11/10/2023 25293 480515161 PW GPS SVC-OCT 2023 $942.30 VERIZON CONNECT NWF, INC. Total Check Amount: $942.30
194139 WAYNE ELECTRIC CO. 11/10/2023 15062 480515161 ALTERNATOR $865.46 WAYNE ELECTRIC CO. Total Check Amount: $865.46
Check Subtotal $301,475.94
V53473 AARON DANIEL ADAM 11/10/2023 32005 110212111 TRAINING EXPENSES $77.31 AARON DANIEL ADAM Total Check Amount: $77.31
V53474 ADMINISTRATIVE & PROF 11/10/2023 3344 110 4010 APEA MEMB 110323 $576.00 ADMINISTRATIVE & PROF Total Check Amount: $576.00
V53475 THE ADVANTAGE GROUP 11/10/2023 24539 110 808C FSA URMED 110323 $5,799.94 11/10/2023 24539 110 808B FSADEPCAR 110323 $1,491.66
THE ADVANTAGE GROUP Total Check Amount: $7,291.60
V53476 AFLAC-ACCOUNT #EZA73 11/10/2023 22923 110 ACC/CANCER INS OCT23 $1,051.66 AFLAC-ACCOUNT #EZA73 Total Check Amount: $1,051.66
V53477 ANNA CHAVEZ AGUSTIN 11/10/2023 31862 110404215 ZUMBA/GOLD/PINK PARTY $450.00 ANNA CHAVEZ AGUSTIN Total Check Amount: $450.00
V53478 ROGER AIELLI 11/10/2023 31021 110404424 UMPIRE FEE 10/30/23 $102.00 ROGER AIELLI Total Check Amount: $102.00
V53479 JUDY ALLEN 11/10/2023 20447 110404215 B.PUMP/PILATES/SS $480.00 11/10/2023 20447 110404215 PERSONAL TRAINER $226.80
JUDY ALLEN Total Check Amount: $706.80
V53480 ALLSTAR FIRE EQUIPMENT 11/10/2023 8353 110222221 INV #251138 BALANCE $20.00 ALLSTAR FIRE EQUIPMENT Total Check Amount: $20.00
V53481 ALTERNATIVE HOSE, INC. 11/10/2023 18488 480515161 BELL ($27.25) 11/10/2023 18488 480515161 HOSE ASSEMBLY $113.95
11/10/2023 18488 480515161 DRIP PROOF PLUG KIT ($81.32) ALTERNATIVE HOSE, INC. Total Check Amount: $5.38
V53482 YERIKA AMBRIZ 11/10/2023 19432 110111143 TRAINING MILEAGE $35.37 YERIKA AMBRIZ Total Check Amount: $35.37
V53483 AMERICAN VETERAN LIGHTING, INC. 11/10/2023 31163 110515141 COUNTRY HILLS TENNIS POLE
$3,674.28
AMERICAN VETERAN LIGHTING, INC. Total Check Amount: $3,674.28 V53484 AVCOGAS PROPANE SALES &
SERVICES
11/10/2023 22047 480515161 PROPANE 279.80 GALS $703.01
Nov 8, 2023 4 of 10 11:00:59 PM
City Disbursement Register
Between Nov 6, 2023 12:00 AM and Nov 10, 2023 11:59 PM
Check
#
Vendor Name Check
Date
Vendor
#
Budget Unit Description Amount
AVCOGAS PROPANE SALES & SERVICES Total Check Amount: $703.01 V53485 B & S GRAPHICS INC. 11/10/2023 24357 480515161 DECALS $830.64 B & S GRAPHICS INC. Total Check Amount: $830.64
V53486 THE BANK OF NEW YORK MELLON 11/10/2023 16062 930141424 CTRL ACCT JUL-SEP23 $3,430.35 THE BANK OF NEW YORK MELLON Total Check Amount: $3,430.35 V53487 BEST LAWN MOWER SERVICE 11/10/2023 16230 480515161 BELTS $244.58 11/10/2023 16230 480515161 CLAMPS $474.98
11/10/2023 16230 480515161 SMALL EQUIPMENT $2,312.17
BEST LAWN MOWER SERVICE Total Check Amount: $3,031.73
V53488 CHRISTINE BOATNER 11/10/2023 18460 110404215 SILVER SNEAKERS $30.00 CHRISTINE BOATNER Total Check Amount: $30.00
V53489 BPSEA MEMORIAL FOUNDATION 11/10/2023 14990 110 4050 MEMORIAL 110323 $133.00 BPSEA MEMORIAL FOUNDATION Total Check Amount: $133.00
V53490 BREA CITY EMPLOYEES ASSOCIATION 11/10/2023 3236 110 4005 BCEA MEMB 110323 $744.00 BREA CITY EMPLOYEES ASSOCIATION Total Check Amount: $744.00 V53491 BREA FIREFIGHTERS ASSOCIATION 11/10/2023 3237 110 4016 ASSOCMEMB 110323 $3,754.25 BREA FIREFIGHTERS ASSOCIATION Total Check Amount: $3,754.25 V53492 BREA POLICE ASSOCIATION 11/10/2023 3769 110 4030 BPA REG 110323 $3,500.00 BREA POLICE ASSOCIATION Total Check Amount: $3,500.00
V53493 BREA POLICE ATHLETIC LEAGUE 11/10/2023 1068 110 5010 B.P.A.L. 110323 $140.00 BREA POLICE ATHLETIC LEAGUE Total Check Amount: $140.00 V53494 BREA POLICE MANAGEMENT
ASSOCIATION
11/10/2023 21189 110 4019 LDF MEMB 110323 $9.50
11/10/2023 21189 110 4020 PMA MEMB 110323 $130.00
BREA POLICE MANAGEMENT ASSOCIATION Total Check Amount: $139.50 V53495 C. WELLS PIPELINE MATERIALS INC 11/10/2023 13055 420515131 METER BOXES $4,072.95 11/10/2023 13055 420515131 PLUMBING SUPPLIES $7,201.36
C. WELLS PIPELINE MATERIALS INC Total Check Amount: $11,274.31 V53496 CALIFORNIA DOMESTIC WATER CO 11/10/2023 3388 420515131 WTR CONSUMPTION OCT23 $422,074.32 CALIFORNIA DOMESTIC WATER CO Total Check Amount: $422,074.32 V53497 CALIFORNIA HEALTH & SAFETY INC. 11/10/2023 15491 110222221 SCBA ANNUAL SERVICE $1,325.15 11/10/2023 15491 110222221 SCBA REPAIR $4,158.05
CALIFORNIA HEALTH & SAFETY INC. Total Check Amount: $5,483.20 V53498 CANNINGS ACE HARDWARE 11/10/2023 15828 480515161 CABLES $58.38 CANNINGS ACE HARDWARE Total Check Amount: $58.38
V53499 MIRSA CHAVEZ GRIEGO 11/10/2023 31295 110212111 TRAINING EXPENSES $30.00 MIRSA CHAVEZ GRIEGO Total Check Amount: $30.00
V53500 CSG CONSULTANTS 11/10/2023 25540 510707960 INSP SVCS SEPT 2023 $97.50 11/10/2023 25540 110000000 INSP SVCS SEPT 2023 ($7,107.50) Nov 8, 2023 5 of 10 11:00:59 PM
City Disbursement Register
Between Nov 6, 2023 12:00 AM and Nov 10, 2023 11:59 PM
Check
#
Vendor Name Check
Date
Vendor
#
Budget Unit Description Amount
V53500 CSG CONSULTANTS 11/10/2023 25540 84032324I INSP SVCS SEPT 2023 $25,935.00 CSG CONSULTANTS Total Check Amount: $18,925.00
V53501 DENALYN DAVID 11/10/2023 31642 110404215 YOGA $270.00 DENALYN DAVID Total Check Amount: $270.00
V53502 DEEPNET SECURITY LTD 11/10/2023 30002 475141471 23/24 DUALSHIELD ENT $4,105.90 DEEPNET SECURITY LTD Total Check Amount: $4,105.90
V53503 DELTA DENTAL INSURANCE COMPANY 11/10/2023 26074 110 79395 DNTL HMO NOV23 $2,077.44 DELTA DENTAL INSURANCE COMPANY Total Check Amount: $2,077.44 V53504 MYRA DUVALL 11/10/2023 18083 110404215 YOGA/GENTLE STRETCH $390.00 MYRA DUVALL Total Check Amount: $390.00
V53505 ECONOLITE SYSTEMS, INC. 11/10/2023 27147 110515121 E/O SIGNAL MNT SEPT23 $3,494.47 11/10/2023 27147 110515121 MO. SIGNAL MNT SEPT23 $3,147.43 ECONOLITE SYSTEMS, INC. Total Check Amount: $6,641.90
V53506 ELLIOT AUTO SUPPLY CO., INC. 11/10/2023 3504 480515161 BRAKE PADS $561.23 ELLIOT AUTO SUPPLY CO., INC. Total Check Amount: $561.23 V53507 EQUIPMENT DIRECT INC 11/10/2023 4522 480515161 SAFETY GEAR $279.29 EQUIPMENT DIRECT INC Total Check Amount: $279.29
V53508 FIDELITY SECURITY LIFE INSURANCE 11/10/2023 23035 110 9827288 VISION NOV23 $2,797.83 FIDELITY SECURITY LIFE INSURANCE Total Check Amount: $2,797.83 V53509 FLEET SERVICES 11/10/2023 5658 480515161 BRAKE CAN ($68.98) 11/10/2023 5658 480515161 RELEASE VALVE $164.51
FLEET SERVICES Total Check Amount: $95.53
V53510 MELISSA GIFFORD 11/10/2023 10645 110404215 TRX STRONG/B.STRENGTH $210.00 MELISSA GIFFORD Total Check Amount: $210.00
V53511 MARY M. GRAHAM 11/10/2023 31478 110404215 YOGA $90.00 MARY M. GRAHAM Total Check Amount: $90.00
V53512 HAAKER EQUIPMENT CO. 11/10/2023 4297 430515123 HEADSET FOR VACTOR $1,214.97 HAAKER EQUIPMENT CO. Total Check Amount: $1,214.97
V53513 GABRIEL HANNAH 11/10/2023 17533 110404424 UMPIRE FEE 10/30/23 $102.00 GABRIEL HANNAH Total Check Amount: $102.00
V53514 MONA HERNANDEZ 11/10/2023 23114 110404215 MASSAGE THERAPY $652.95 MONA HERNANDEZ Total Check Amount: $652.95
V53515 HITECH SOFTWARE INC 11/10/2023 19937 110515125 CARCOUNT SYST MNT NOV $1,452.00 HITECH SOFTWARE INC Total Check Amount: $1,452.00
V53516 INFOSEND, INC. 11/10/2023 19016 420141421 PRNT IMAGE ARCH JUN23 $22.93 11/10/2023 19016 420141421 PRNT IMAGE ARCH MAR23 $22.82 11/10/2023 19016 420141421 PRNT IMAGE ARCH MAY23 $22.93 INFOSEND, INC. Total Check Amount: $68.68
Nov 8, 2023 6 of 10 11:00:59 PM
City Disbursement Register
Between Nov 6, 2023 12:00 AM and Nov 10, 2023 11:59 PM
Check
#
Vendor Name Check
Date
Vendor
#
Budget Unit Description Amount
V53517 INLAND ROUNDBALL OFFICIALS INC. 11/10/2023 31906 110404424 REFEREE FEE 10/19-30 $1,240.00 INLAND ROUNDBALL OFFICIALS INC. Total Check Amount: $1,240.00 V53518 SARA JACKSON 11/10/2023 31840 110404215 BODY PUMP $240.00 SARA JACKSON Total Check Amount: $240.00
V53519 JACKSON'S AUTO SUPPLY 11/10/2023 1143 480515161 AUTO SUPPLIES OCT23 $3,728.27 JACKSON'S AUTO SUPPLY Total Check Amount: $3,728.27
V53520 MICHAEL ARTHUR JANETZKE 11/10/2023 31661 110212111 TRAINING MILEAGE $58.30 MICHAEL ARTHUR JANETZKE Total Check Amount: $58.30
V53521 DEERE & COMPANY 11/10/2023 18518 240515161 GATOR TE CART #2334 $13,947.29 DEERE & COMPANY Total Check Amount: $13,947.29
V53522 PAMELA JOHNSTON 11/10/2023 28025 110404215 ZUMBA $480.00 PAMELA JOHNSTON Total Check Amount: $480.00
V53523 KRISTI L KANEL 11/10/2023 22868 110404215 CYCLE/LOW IMP/ZUMBA $570.00 KRISTI L KANEL Total Check Amount: $570.00
V53524 KERNTEC INDUSTRIES, INC. 11/10/2023 17490 110222231 METH MITPLN RVW 9/27 $208.00 11/10/2023 17490 110222231 RECLASS TO T230329 ($532.00) 11/10/2023 17490 84022223P METH MITPLN RVW 10/9 $532.00 11/10/2023 17490 110222231 METH MITPLN RVW 10/9 $208.00 11/10/2023 17490 84022223P METH MITPLN RVW 9/27 $532.00 11/10/2023 17490 84022223P METH MITPLN RVW 8/23 $532.00 11/10/2023 17490 110222231 METH MITPLN RVW 9/28 $104.00 11/10/2023 17490 84022223P METH MITPLN RVW 9/28 $266.00 KERNTEC INDUSTRIES, INC. Total Check Amount: $1,850.00
V53525 KWIK KLEEN 11/10/2023 23771 480515161 PARTS WASHR SVC 10/26 $190.00 KWIK KLEEN Total Check Amount: $190.00
V53526 FRANCESCO LA TORRE 11/10/2023 24398 110404521 MILEAGE OCT 2023 $163.75 FRANCESCO LA TORRE Total Check Amount: $163.75
V53527 DOLLY LAI 11/10/2023 18084 110404215 YOGA $60.00 DOLLY LAI Total Check Amount: $60.00
V53528 LAKEMAN CHASSIS 11/10/2023 12885 480515161 FABRICATE RACK $366.91 LAKEMAN CHASSIS Total Check Amount: $366.91
V53529 BERRY LIANG 11/10/2023 25640 110404215 PERSONAL TRAINER $481.80 11/10/2023 25640 110404215 CYCLE/TRX $270.00
BERRY LIANG Total Check Amount: $751.80
V53530 TANYA LOSCUTOFF 11/10/2023 22092 110404215 PERSONAL TRAINER $1,130.62 11/10/2023 22092 110404215 SUPER SCULPT $150.00
TANYA LOSCUTOFF Total Check Amount: $1,280.62
V53531 LORI MAIER 11/10/2023 31187 110404215 ZUMBA $360.00 Nov 8, 2023 7 of 10 11:00:59 PM
City Disbursement Register
Between Nov 6, 2023 12:00 AM and Nov 10, 2023 11:59 PM
Check
#
Vendor Name Check
Date
Vendor
#
Budget Unit Description Amount
LORI MAIER Total Check Amount: $360.00
V53532 ANDREA MCGRANAHAN 11/10/2023 26046 110404215 BARRE/CYCLE/LI/PS/TRX $1,350.00 11/10/2023 26046 110404215 PERSONAL TRAINER $243.90
ANDREA MCGRANAHAN Total Check Amount: $1,593.90
V53533 MICHAEL BAKER INTERNATIONAL, INC. 11/10/2023 31634 84032323E EIR SVCS THRU 9/3/23 $8,617.08 MICHAEL BAKER INTERNATIONAL, INC. Total Check Amount: $8,617.08 V53534 JACI MILLER 11/10/2023 31823 110404215 PERSONAL TRAINER $136.80 JACI MILLER Total Check Amount: $136.80
V53535 CAITLIN MOHNEY 11/10/2023 29108 110404521 YOGA OCT 2023 $120.00 CAITLIN MOHNEY Total Check Amount: $120.00
V53536 JENNIFER MONZON-SCROFINI 11/10/2023 20158 110404215 FS/HIIT/TRX/YOGA $450.00 JENNIFER MONZON-SCROFINI Total Check Amount: $450.00
V53537 NATASHA MOORE 11/10/2023 10711 110404215 BODY PUMP $300.00 NATASHA MOORE Total Check Amount: $300.00
V53538 ZULEYMA SARMIENTO MURPHY 11/10/2023 31281 110212111 TRAINING EXPENSES $16.00 ZULEYMA SARMIENTO MURPHY Total Check Amount: $16.00
V53539 NIEVES LANDSCAPE, INC. 11/10/2023 31375 420515131 TREE TRIM MD#7 9/26 $1,980.00 NIEVES LANDSCAPE, INC. Total Check Amount: $1,980.00
V53540 IRACEMA PERDOMO 11/10/2023 14135 110404215 CYCLE $240.00 IRACEMA PERDOMO Total Check Amount: $240.00
V53541 PLUMBERS DEPOT INC. 11/10/2023 14542 430515123 CUES $514.13 PLUMBERS DEPOT INC. Total Check Amount: $514.13
V53542 KATHERINE A. PROHOROFF 11/10/2023 32414 110404215 BODY PUMP $28.00 KATHERINE A. PROHOROFF Total Check Amount: $28.00
V53543 PTS COMMUNICATIONS, INC. 11/10/2023 31947 475141471 7147920398 NOV 2023 $75.00 PTS COMMUNICATIONS, INC. Total Check Amount: $75.00
V53544 KAYLA RABJOHNS 11/10/2023 28472 110404215 CIRCUIT TRAINING $120.00 KAYLA RABJOHNS Total Check Amount: $120.00
V53545 SAN GABRIEL BASIN WATER 11/10/2023 25882 420515131 23/24 PUMP RTS ASSMNT $9,016.32 SAN GABRIEL BASIN WATER Total Check Amount: $9,016.32
V53546 RUBEN SEGURA 11/10/2023 32037 110111152 TRAINING EXPENSES $64.87 RUBEN SEGURA Total Check Amount: $64.87
V53547 ISMAEL O SILVA 11/10/2023 24370 110404215 ZUMBA $60.00 ISMAEL O SILVA Total Check Amount: $60.00
V53548 SITEONE LANDSCAPE SUPPLY, LLC 11/10/2023 25942 110515143 IRRIGATION SUPPLIES $372.42 SITEONE LANDSCAPE SUPPLY, LLC Total Check Amount: $372.42 V53549 SOOTHING ESCAPE MASSAGE LLC 11/10/2023 31650 110404215 KNSTRETCH/SNDBATH/ MSG
$707.19
SOOTHING ESCAPE MASSAGE LLC Total Check Amount: $707.19 Nov 8, 2023 8 of 10 11:00:59 PM
City Disbursement Register
Between Nov 6, 2023 12:00 AM and Nov 10, 2023 11:59 PM
Check
#
Vendor Name Check
Date
Vendor
#
Budget Unit Description Amount
V53550 SOUTH COAST EMERGENCY VEHICLE
SVC
11/10/2023 31883 480515161 SIREN BRAKE $1,962.07
11/10/2023 31883 480515161 COOLANT RESERVOIR $246.84
SOUTH COAST EMERGENCY VEHICLE SVC Total Check Amount: $2,208.91 V53551 SPECTRUM GAS PRODUCTS, INC. 11/10/2023 16060 110222221 OXYGEN $180.50 SPECTRUM GAS PRODUCTS, INC. Total Check Amount: $180.50 V53552 STATE INDUSTRIAL PRODUCTS 11/10/2023 8572 110222223 JANITORIAL SUPPLIES $223.93 STATE INDUSTRIAL PRODUCTS Total Check Amount: $223.93
V53553 STEVE A. FILARSKY, ATTORNEY-ATLAW 11/10/2023 31186 110141481 PROF LEGAL SVCS OCT23 $5,697.50 STEVE A. FILARSKY, ATTORNEY-AT-LAW Total Check Amount: $5,697.50 V53554 WEDNESDAY STEVENSON 11/10/2023 32549 110404215 YOGA $140.00 WEDNESDAY STEVENSON Total Check Amount: $140.00
V53555 TITANHQ/COPPERFASTEN TECH LTD 11/10/2023 29106 475141471 SPAM TITAN FY23/24 $8,426.25 TITANHQ/COPPERFASTEN TECH LTD Total Check Amount: $8,426.25 V53556 TOM MALLOY CORPORATION 11/10/2023 16935 420515131 TRENCH TOP RENTAL $235.20 TOM MALLOY CORPORATION Total Check Amount: $235.20
V53557 EDEN TURNER 11/10/2023 21951 110404215 BODYPUMP $240.00 EDEN TURNER Total Check Amount: $240.00
V53558 UKG KRONOS SYSTEMS LLC 11/10/2023 22688 110222221 IVR TELESTAFF SEPT23 $29.12 UKG KRONOS SYSTEMS LLC Total Check Amount: $29.12
V53559 NATASHA UMRIGAR-MOLLA 11/10/2023 32097 110404215 YOGA $90.00 NATASHA UMRIGAR-MOLLA Total Check Amount: $90.00
V53560 UNICORN METALS 11/10/2023 17181 480515161 METAL STOCK $74.69 UNICORN METALS Total Check Amount: $74.69
V53561 CHRISTIAN VARELA 11/10/2023 32411 110323241 TRAINING EXPENSES $92.96 CHRISTIAN VARELA Total Check Amount: $92.96
V53562 WALTERS WHOLESALE ELECTRIC 11/10/2023 1667 110515125 RETURN S121251821.001 ($135.77) 11/10/2023 1667 110515144 LIGHT BULB+BATTERIES $108.12
11/10/2023 1667 110515144 ELECTRICAL SUPPLIES $41.38
WALTERS WHOLESALE ELECTRIC Total Check Amount: $13.73
V53563 WEST COAST SAND & GRAVEL, INC. 11/10/2023 11519 420515131 CRUSHED AGGREG BASE $727.20 WEST COAST SAND & GRAVEL, INC. Total Check Amount: $727.20 V53564 WESTERN GOLF PROPERTIES, LLC 11/10/2023 29071 465515149 BIRCH HILLS CGS OCT23 $23,190.18 11/10/2023 29071 465515149 BIRCH HLLS MGMT OCT23 $151,210.43 11/10/2023 29071 465000000 BIRCH HLLS S/TX OCT23 $4,733.89 11/10/2023 29071 465000000 BIRCH HLLS TIPS OCT23 $8,108.61 11/10/2023 29071 465000000 BREA CREEK S/TX OCT23 $998.15 11/10/2023 29071 465515149 BREA CREEK MGMT OCT23 $62,222.23 11/10/2023 29071 465515149 BREA CREEK CGS OCT23 $6,942.73 Nov 8, 2023 9 of 10 11:00:59 PM
City Disbursement Register
Between Nov 6, 2023 12:00 AM and Nov 10, 2023 11:59 PM
Check
#
Vendor Name Check
Date
Vendor
#
Budget Unit Description Amount
WESTERN GOLF PROPERTIES, LLC Total Check Amount: $257,406.22 V53565 WILLDAN FINANCIAL SERVICES 11/10/2023 23058 542141411 FIRE/DISP IMP FEE UPD $500.00 11/10/2023 23058 890141431 PROF SVCS-CFDA 23/24 $3,290.25 WILLDAN FINANCIAL SERVICES Total Check Amount: $3,790.25 V53566 REBECCA YOUNT 11/10/2023 31473 110404215 SILVER SNEAKERS $90.00 REBECCA YOUNT Total Check Amount: $90.00
Voucher Subtotal $838,646.92
TOTAL $1,140,122.86
Nov 8, 2023 10 of 10 11:00:59 PM
City of Brea
City Council Regular Meeting Communication
Placeholder - Second Reading of Ordinance No. 1244
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Placeholder - Award of Contract for Citywide Scanning
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
test
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Police Management MOU
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Placeholder - Second Reading of Ordinance No. 1245
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Placeholder - Contract with Motorola Solutions to Purchase Avigilon Control Center and Fixed Video Cameras, Vigilant License Plate Reading, CAPE Drone Software Solution, and Command Central Aware for the Police Department's Integrated Crime Center
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
December 5, 2023 City Council Regular Meeting Mintues Copy FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Placeholder - HR Positions
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Placeholder - ILJAOC Amendment
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
December 1 and 8, 2023 City Disbursement Registers
TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager
Attachments
City Disbursement Register 12.01.23.pdf
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City Disbursement Register
Between Nov 27, 2023 12:00 AM and Dec 1, 2023 11:59 PM
Check
#
Vendor Name Check
Date
Vendor
#
Budget Unit Description Amount
194237 AAA ELECTRIC MOTOR SALES, INC. 12/01/2023 3615 490515151 HVAC BELTS $1,253.46 AAA ELECTRIC MOTOR SALES, INC. Total Check Amount: $1,253.46 194238 GONZALO ARAIZA 12/01/2023 32689 110000000 PD REPORT REQ REFUND $3.00 GONZALO ARAIZA Total Check Amount: $3.00
194239 AT&T CALNET 12/01/2023 20391 361515143 CALNET NOV 2023 $121.07 12/01/2023 20391 475141471 CALNET NOV 2023 $241.54
AT&T CALNET Total Check Amount: $362.61
194240 AT&T LONG DISTANCE 12/01/2023 1737 475141471 807752441 10/3-11/2 $49.14 12/01/2023 1737 475141471 807752441 11/3-12/2 $48.43
AT&T LONG DISTANCE Total Check Amount: $97.57
194241 AVENU INSIGHTS & ANALYTICS, LLC 12/01/2023 29396 110141424 PROP TAX REP Q4 2023 $1,750.00 12/01/2023 29396 110141424 STARS SVC Q2 2023 $899.25
AVENU INSIGHTS & ANALYTICS, LLC Total Check Amount: $2,649.25 194242 BEECHWOOD SCHOOL FOUNDATION 12/01/2023 26567 110 FALL MUSICAL CRED BAL $188.75 12/01/2023 26567 110 RENTAL DEPOSIT REFUND $500.00
BEECHWOOD SCHOOL FOUNDATION Total Check Amount: $688.75 194243 CHARTER COMMUNICATIONS 12/01/2023 31694 110111143 CABLE CHGS NOV/DEC23 $95.13 CHARTER COMMUNICATIONS Total Check Amount: $95.13
194244 THE COUNSELING TEAM
INTERNATIONAL
12/01/2023 13933 110222221 EMPL SUPP SVCS OCT23 $220.00 THE COUNSELING TEAM INTERNATIONAL Total Check Amount: $220.00 194245 COUNTY OF ORANGE 12/01/2023 4799 110212122 OCATS FEES NOV 2023 $1,104.51 COUNTY OF ORANGE Total Check Amount: $1,104.51
194246 CREATE A PARTY RENTALS 12/01/2023 7113 110404421 VETERANS' DAY RENTALS $1,737.15 CREATE A PARTY RENTALS Total Check Amount: $1,737.15
194247 DELTA T HVAC, INC. 12/01/2023 28265 490515151 ALERTON (SC AC#1) RPR $850.00 12/01/2023 28265 490515151 ALERTON (BCC) RPR $660.00
12/01/2023 28265 490515151 REPL 3-WAY VALVE CCC $800.00 DELTA T HVAC, INC. Total Check Amount: $2,310.00
194248 DFS FLOORING 12/01/2023 16712 490515151 CARPET(YARD) CLEANING $725.00 DFS FLOORING Total Check Amount: $725.00
194249 SOUTHERN CALIFORNIA EDISON 12/01/2023 3343 110515121 ELECTRICITY OCT/NOV23 $1,613.61 12/01/2023 3343 110515148 ELECTRICITY OCT/NOV23 $74.39
SOUTHERN CALIFORNIA EDISON Total Check Amount: $1,688.00 194250 ERIC W. GRUVER PHD 12/01/2023 7856 110141481 PRE-EMPL EVAL 5/10/23 $425.00 ERIC W. GRUVER PHD Total Check Amount: $425.00
194251 FRONTIER COMMUNICATIONS 12/01/2023 26183 475141471 5611820146 1116-1215 $56.12 FRONTIER COMMUNICATIONS Total Check Amount: $56.12
194252 THE GAS COMPANY 12/01/2023 3749 490515151 GAS OCT/NOV 2023 $191.39 Nov 29, 2023 1 of 7 8:15:10 PM
City Disbursement Register
Between Nov 27, 2023 12:00 AM and Dec 1, 2023 11:59 PM
Check
#
Vendor Name Check
Date
Vendor
#
Budget Unit Description Amount
THE GAS COMPANY Total Check Amount: $191.39
194253 IPERMIT E RATERS 12/01/2023 29288 840000000 DEVELOPER FEE REFUND $250.00 IPERMIT E RATERS Total Check Amount: $250.00
194254 KUSSMAUL ELECTRONICS 12/01/2023 16760 480515161 CHARGER $1,426.37 KUSSMAUL ELECTRONICS Total Check Amount: $1,426.37
194255 NEWGEN STRATEGIES & SOLUTIONS,
LLC
12/01/2023 31442 440515122 S/W COS STUDY 11/15 $3,980.00 NEWGEN STRATEGIES & SOLUTIONS, LLC Total Check Amount: $3,980.00 194256 ORANGE COUNTY SANDBAGGER 12/01/2023 31533 410515124 SANDBAGS $10,128.50 ORANGE COUNTY SANDBAGGER Total Check Amount: $10,128.50 194257 PAPER DEPOT, INC. 12/01/2023 32674 110141441 PAPER $3,282.50 PAPER DEPOT, INC. Total Check Amount: $3,282.50
194258 PURPLE CRANE SERVICES INC. 12/01/2023 32690 490515151 HVAC CRANE SERVICE $1,130.00 PURPLE CRANE SERVICES INC. Total Check Amount: $1,130.00 194259 RANDALL B. MONTGOMERY 12/01/2023 23446 130404546 WAR MEM PAVER ENGRAV $805.00 RANDALL B. MONTGOMERY Total Check Amount: $805.00
194260 SAN DIEGO COUNTY SHERIFF'S DEPT 12/01/2023 32688 110212111 BASIC MOTORCYCLE TRNG $1,095.00 SAN DIEGO COUNTY SHERIFF'S DEPT Total Check Amount: $1,095.00 194261 SAN DIEGO COUNTY SHERIFF'S DEPT 12/01/2023 32688 110212111 PRE-ACAD MTRCYCL TRNG $3,000.00 SAN DIEGO COUNTY SHERIFF'S DEPT Total Check Amount: $3,000.00 194262 SOUTH COAST AIR QUALITY MGMT DIST 12/01/2023 10871 480515161 194692 RENEWAL FEES $504.91 12/01/2023 10871 480515161 194692 EMISSIONS FEES $160.35 SOUTH COAST AIR QUALITY MGMT DIST Total Check Amount: $665.26 194263 SOUTH COAST ELECTRICAL, INC. 12/01/2023 32080 490515151 ELECTRICAL WORK FS4 $865.00 SOUTH COAST ELECTRICAL, INC. Total Check Amount: $865.00 194264 SPARKLETTS 12/01/2023 3001 110111161 CCCFOUNTAIN WTR OCT23 $17.96 12/01/2023 3001 110111161 COUNCIL MTG WTR OCT23 $57.52
SPARKLETTS Total Check Amount: $75.48
194265 THE SPECIAL NEEDS FRIENDS CLUB 12/01/2023 31837 110 HOLIDAY PARTY CREDIT $309.00 THE SPECIAL NEEDS FRIENDS CLUB Total Check Amount: $309.00 194266 ST. JUDE MEDICAL CENTER 12/01/2023 3503 174222222 PM SUPPLIES 2023 Q3 $3,711.05 ST. JUDE MEDICAL CENTER Total Check Amount: $3,711.05
194267 SWRCB 12/01/2023 14532 410515132 23/24 PERMIT #549326 $17,666.00 SWRCB Total Check Amount: $17,666.00
194268 KRISTEN TAYLOR 12/01/2023 31077 110404541 ARTGALLERY CONS SALES $26.75 KRISTEN TAYLOR Total Check Amount: $26.75
194269 TURNOUT MAINTENANCE COMPANY,
LLC
12/01/2023 19898 110222221 TURNOUT CLEANING $129.00
TURNOUT MAINTENANCE COMPANY, LLC Total Check Amount: $129.00 Nov 29, 2023 2 of 7 8:15:10 PM
City Disbursement Register
Between Nov 27, 2023 12:00 AM and Dec 1, 2023 11:59 PM
Check
#
Vendor Name Check
Date
Vendor
#
Budget Unit Description Amount
194270 CF UNITED LLC 12/01/2023 30700 480515161 CARWASH OCT 2023 $212.80 CF UNITED LLC Total Check Amount: $212.80
194271 VERITIV OPERATING COMPANY 12/01/2023 26806 110141441 FUEL SURCHARGE $11.31 VERITIV OPERATING COMPANY Total Check Amount: $11.31
194272 WOODRUFF & SMART 12/01/2023 24094 470141483 PROF LEGAL SVCS OCT23 $227.50 12/01/2023 24094 470141483 PROF LEGAL SVCS SEP23 $14,588.25 WOODRUFF & SMART Total Check Amount: $14,815.75
194273 XEROX CORPORATION 12/01/2023 3349 110141441 UDIRECTS MNT OCT 2023 $151.27 12/01/2023 3349 110141441 VR280 PRESS OCT 2023 $840.80
12/01/2023 3349 110141441 VR280STND OCT 2023 $478.41
12/01/2023 3349 110141441 MAKEREADY MNT OCT23 $116.00
12/01/2023 3349 110141441 VR280 PRNT CHGS OCT23 $866.35 XEROX CORPORATION Total Check Amount: $2,452.83
Check Subtotal $79,644.54
V53729 ACTIVE NETWORK, LLC. 12/01/2023 14295 110404211 VERIFONE PYMT DEVICES $1,044.10 ACTIVE NETWORK, LLC. Total Check Amount: $1,044.10
V53730 ROGER AIELLI 12/01/2023 31021 110404424 UMPIRE FEE 11-20-2023 $102.00 ROGER AIELLI Total Check Amount: $102.00
V53731 ALLSTAR FIRE EQUIPMENT 12/01/2023 8353 110222221 HELMETS $995.34 ALLSTAR FIRE EQUIPMENT Total Check Amount: $995.34
V53732 AM-TEC TOTAL SECURITY INC 12/01/2023 30658 475141471 CAMERA DOME COVERS $105.98 AM-TEC TOTAL SECURITY INC Total Check Amount: $105.98
V53733 AZTECA SYSTEMS, LLC 12/01/2023 24556 110515111 OFFICE+RESPOND MOBILE $283.79 12/01/2023 24556 110515141 OFFICE+RESPOND MOBILE $27.03 12/01/2023 24556 110515111 GIS CONSULT 1030-1101 $337.50 12/01/2023 24556 110515121 OFFICE+RESPOND MOBILE $165.16 12/01/2023 24556 420515131 OFFICE+RESPOND MOBILE $165.16 12/01/2023 24556 490515151 OFFICE+RESPOND MOBILE $27.03 12/01/2023 24556 110515111 GIS CONSULT 11/7 $112.50
12/01/2023 24556 430515123 OFFICE+RESPOND MOBILE $165.16 AZTECA SYSTEMS, LLC Total Check Amount: $1,283.33
V53734 BOYS & GIRLS CLUBS 12/01/2023 26980 902009100 PROGRAM STAFF OCT23 $4,708.00 BOYS & GIRLS CLUBS Total Check Amount: $4,708.00
V53735 BREA DISPOSAL, INC 12/01/2023 3330 440515122 OCT 2023 RES TONNAGE $78,499.10 BREA DISPOSAL, INC Total Check Amount: $78,499.10
V53736 BREA TOWING 12/01/2023 16399 110212131 TOWING (TFC) OCT 2023 $2,219.39 12/01/2023 16399 110212121 TOWING (INV) OCT 2023 $1,651.19 Nov 29, 2023 3 of 7 8:15:10 PM
City Disbursement Register
Between Nov 27, 2023 12:00 AM and Dec 1, 2023 11:59 PM
Check
#
Vendor Name Check
Date
Vendor
#
Budget Unit Description Amount
BREA TOWING Total Check Amount: $3,870.58
V53737 BUTLER CHEMICALS, INC. 12/01/2023 6515 490515151 SR CTR D/W SVC OCT23 $188.56 BUTLER CHEMICALS, INC. Total Check Amount: $188.56
V53738 C. WELLS PIPELINE MATERIALS INC 12/01/2023 13055 420515131 CONCRETE BOXES $6,271.06 12/01/2023 13055 420515131 PLUMBING SUPPLIES $11,431.52 C. WELLS PIPELINE MATERIALS INC Total Check Amount: $17,702.58 V53739 CANON FINANCIAL SERVICES, INC. 12/01/2023 20648 110141441 FS1-4 PRNT CHGS OCT23 $51.38 12/01/2023 20648 110141441 FS1-4 CPRLEASE NOV23 $101.28 12/01/2023 20648 110141441 PW/BRC CPRLEASE NOV23 $352.45 12/01/2023 20648 110141441 PW/BRC PRNTCHGS OCT23 $55.26 CANON FINANCIAL SERVICES, INC. Total Check Amount: $560.37 V53740 CANON SOLUTIONS AMERICA, INC 12/01/2023 15260 110141441 PRINT CHGS OCT 2023 $486.52 12/01/2023 15260 110141441 COPIER LEASE NOV 2023 $1,072.12 CANON SOLUTIONS AMERICA, INC Total Check Amount: $1,558.64 V53741 CERTIFIED LANGUAGES
INTERNATIONAL
12/01/2023 26534 280323215 TRANSLATN SVCS 10/23 $53.65
CERTIFIED LANGUAGES INTERNATIONAL Total Check Amount: $53.65 V53742 COMLOCK SECURITY-GROUP 12/01/2023 13625 490515151 EMERG LOCK SVC 11/2 $408.87 12/01/2023 13625 490515151 KEYS $21.82
COMLOCK SECURITY-GROUP Total Check Amount: $430.69
V53743 THE CONNECTION CORPORATION 12/01/2023 31669 110404523 COUNSELING SVCS OCT23 $540.00 THE CONNECTION CORPORATION Total Check Amount: $540.00
V53744 DELTA DENTAL INSURANCE COMPANY 12/01/2023 26074 110 79395 DNTL HMO DEC23 $2,079.12 DELTA DENTAL INSURANCE COMPANY Total Check Amount: $2,079.12 V53745 EQUIPMENT DIRECT INC 12/01/2023 4522 110515144 SAFETY EQUIPMENT $333.99 EQUIPMENT DIRECT INC Total Check Amount: $333.99
V53746 ESRI 12/01/2023 25858 475141471 23/24 ARCGIS DT/ENT $11,890.00 ESRI Total Check Amount: $11,890.00
V53747 EVERNORTH BEHAVIORAL HEALTH INC. 12/01/2023 26628 110141481 EAP SVCS DEC 2023 $1,125.69 EVERNORTH BEHAVIORAL HEALTH INC. Total Check Amount: $1,125.69 V53748 FIRE ETC 12/01/2023 26940 110222223 TURNOUT CLEANER $359.69 FIRE ETC Total Check Amount: $359.69
V53749 GALE SUPPLY COMPANY 12/01/2023 21090 490515151 JANITORIAL SUPPLIES $1,746.79 GALE SUPPLY COMPANY Total Check Amount: $1,746.79
V53750 DESTINY ANGEL GARCIA 12/01/2023 32045 110212111 TRAINING MILEAGE $114.30 12/01/2023 32045 110212142 TRAINING MILEAGE ADJ ($30.00) 12/01/2023 32045 110212142 TRAINING MILEAGE $30.00
12/01/2023 32045 110212111 TRAINING EXPENSE $40.00
DESTINY ANGEL GARCIA Total Check Amount: $154.30
Nov 29, 2023 4 of 7 8:15:10 PM
City Disbursement Register
Between Nov 27, 2023 12:00 AM and Dec 1, 2023 11:59 PM
Check
#
Vendor Name Check
Date
Vendor
#
Budget Unit Description Amount
V53751 GRAINGER 12/01/2023 13634 480515161 TOOL BOX $942.25 GRAINGER Total Check Amount: $942.25
V53752 HAAKER EQUIPMENT CO. 12/01/2023 4297 430515123 VACTOR TRUCK HOSE $2,586.00 HAAKER EQUIPMENT CO. Total Check Amount: $2,586.00
V53753 GABRIEL HANNAH 12/01/2023 17533 110404424 UMPIRE FEE 11/20/23 $102.00 GABRIEL HANNAH Total Check Amount: $102.00
V53754 HCI SYSTEMS INC 12/01/2023 25112 110515125 ELEV TEST DTPS3 10/26 $1,179.00 HCI SYSTEMS INC Total Check Amount: $1,179.00
V53755 INLAND ROUNDBALL OFFICIALS INC. 12/01/2023 31906 110404424 REFEREE REE 11/19/23 $840.00 INLAND ROUNDBALL OFFICIALS INC. Total Check Amount: $840.00 V53756 INTERWEST CONSULTING GROUP, INC. 12/01/2023 28473 110000000 INSP SVCS SEPT 2023 ($180.00) 12/01/2023 28473 510707251 CIP MGMT SEPT 2023 $5,900.00 12/01/2023 28473 510707324 CIP MGMT AUG 2023 $417.50
12/01/2023 28473 510707442 CIP MGMT SEPT 2023 $243.75
12/01/2023 28473 510707717 CIP MGMT SEPT 2023 $2,047.50 12/01/2023 28473 510707978 CIP MGMT JUN 2023 $2,520.00
12/01/2023 28473 510707978 CIP MGMT JUL 2023 $7,015.00
12/01/2023 28473 510707322 CIP MGMT SEPT 2023 $633.75
12/01/2023 28473 510707327 CIP MGMT SEPT 2023 $240.00
12/01/2023 28473 510707978 CIP MGMT SEPT 2023 $4,210.00 12/01/2023 28473 84051517I INSP SVCS SEPT 2023 $600.00
12/01/2023 28473 510707251 CIP MGMT AUG 2023 $7,052.25
12/01/2023 28473 510707251 CIP MGMT JUL 2023 $6,076.00
12/01/2023 28473 510707299 CIP MGMT SEPT 2023 $501.00
12/01/2023 28473 510707324 CIP MGMT SEPT 2023 $876.75
12/01/2023 28473 510707324 CIP MGMT/INSP JUL23 $2,657.50 12/01/2023 28473 510707956 CIP MGMT SEPT 2023 $90.00
INTERWEST CONSULTING GROUP, INC. Total Check Amount: $40,901.00 V53757 IPARQ 12/01/2023 21583 110323241 PERMIT SYST FEE NOV23 $100.00 12/01/2023 21583 110323241 PERMIT FEES OCT 2023 $143.21 IPARQ Total Check Amount: $243.21
V53758 JAX AUTO 12/01/2023 20187 480515161 SMOG TEST #28029 $59.95 JAX AUTO Total Check Amount: $59.95
V53759 K PRO STONE CARE 12/01/2023 20535 465515149 CONCRETE SAW CUT $4,500.00 12/01/2023 20535 490515151 VET MEM STONE POLISH $1,850.00 K PRO STONE CARE Total Check Amount: $6,350.00
V53760 KELLY SPICERS STORES 12/01/2023 31267 110141441 PAPER/SUPPLIES $614.21 KELLY SPICERS STORES Total Check Amount: $614.21
Nov 29, 2023 5 of 7 8:15:10 PM
City Disbursement Register
Between Nov 27, 2023 12:00 AM and Dec 1, 2023 11:59 PM
Check
#
Vendor Name Check
Date
Vendor
#
Budget Unit Description Amount
V53761 LIEBERT CASSIDY WHITMORE 12/01/2023 2489 470141483 PROF SVCS 00021 OCT23 $261.00 LIEBERT CASSIDY WHITMORE Total Check Amount: $261.00
V53762 JAMIE KRISTINE MCDONALD 12/01/2023 23730 110212111 TRAINING MILEAGE $144.76 JAMIE KRISTINE MCDONALD Total Check Amount: $144.76
V53763 PLUMBING WHOLESALE OUTLET, INC. 12/01/2023 18392 110515141 PLUMBING SUPPLIES $161.80 12/01/2023 18392 490515151 PLUMBING SUPPLIES $1,117.54
PLUMBING WHOLESALE OUTLET, INC. Total Check Amount: $1,279.34 V53764 PRADO FAMILY SHOOTING RANGE 12/01/2023 14276 110212131 RANGE FEES 10/27 $425.00 12/01/2023 14276 110212131 RANGE FEES 11/21-22 $650.00
PRADO FAMILY SHOOTING RANGE Total Check Amount: $1,075.00 V53765 PRINT & FINISHING SOLUTIONS 12/01/2023 21135 110141441 LAMINATE $529.22 PRINT & FINISHING SOLUTIONS Total Check Amount: $529.22 V53766 R.J. NOBLE COMPANY 12/01/2023 1076 420515131 ASPHALT $1,578.54 R.J. NOBLE COMPANY Total Check Amount: $1,578.54
V53767 RCS INVESTIGATIONS & CONSULTING
LLC
12/01/2023 22534 110212111 BCKGRND INVESTIGATION $4,850.00 RCS INVESTIGATIONS & CONSULTING LLC Total Check Amount: $4,850.00 V53768 RICHARDS, WATSON & GERSHON 12/01/2023 8978 420141421 9999 GEN LGL SVCS SEP $66.00 12/01/2023 8978 110111112 0001 GEN LGL SVCS SEP $11,319.58 12/01/2023 8978 110111112 9999 GEN LGL SVCS SEP $19,144.78 12/01/2023 8978 420141421 0001 GEN LGL SVCS SEP $342.00 12/01/2023 8978 430515123 9999 GEN LGL SVCS SEP $638.00 RICHARDS, WATSON & GERSHON Total Check Amount: $31,510.36 V53769 NOAH BRENT RIVERA 12/01/2023 32018 110212111 TRAINING EXPENSE $16.00 12/01/2023 32018 110212111 TRAINING MILEAGE $164.86
NOAH BRENT RIVERA Total Check Amount: $180.86
V53770 RUSSELL SIGLER INC. 12/01/2023 21638 490515151 HVAC FILTERS $87.71 RUSSELL SIGLER INC. Total Check Amount: $87.71
V53771 SITEONE LANDSCAPE SUPPLY, LLC 12/01/2023 25942 110515141 IRRIGATION SUPPLIES $487.36 SITEONE LANDSCAPE SUPPLY, LLC Total Check Amount: $487.36 V53772 TOWO ENTERPRISE INC. 12/01/2023 32081 510707324 N.BERRY ST. RETENTION $1,406.31 12/01/2023 32081 510 N.BERRY ST. RETENTION $18,789.53
TOWO ENTERPRISE INC. Total Check Amount: $20,195.84
V53773 TOM MALLOY CORPORATION 12/01/2023 16935 420515131 TRENCH TOP RENTALS $357.40 TOM MALLOY CORPORATION Total Check Amount: $357.40
V53774 TRINITY SOUND COMPANY 12/01/2023 11364 110404421 2023 TREE LIGHTING $2,392.50 TRINITY SOUND COMPANY Total Check Amount: $2,392.50
V53775 TROPICAL PLAZA NURSERY, INC 12/01/2023 2062 345515112 IRRIGATION REPAIR $93.74 TROPICAL PLAZA NURSERY, INC Total Check Amount: $93.74
Nov 29, 2023 6 of 7 8:15:10 PM
City Disbursement Register
Between Nov 27, 2023 12:00 AM and Dec 1, 2023 11:59 PM
Check
#
Vendor Name Check
Date
Vendor
#
Budget Unit Description Amount
V53776 TURBO DATA SYSTEMS, INC. 12/01/2023 1472 110212122 CITATION PROC OCT23 $607.97 TURBO DATA SYSTEMS, INC. Total Check Amount: $607.97
V53777 TYLER TECHNOLOGIES, INC. 12/01/2023 25937 951 ILJAOC ECIT LIC-BPARK $2,809.33 TYLER TECHNOLOGIES, INC. Total Check Amount: $2,809.33
V53778 UNITED PUMPING SERVICE, INC. 12/01/2023 16388 430515123 PUMPING SVCS 10/31/23 $3,634.25 UNITED PUMPING SERVICE, INC. Total Check Amount: $3,634.25 V53779 WEST COAST ARBORISTS, INC. 12/01/2023 1556 110515142 TREE MNT 11/1-11/15 $4,413.00 12/01/2023 1556 110515141 TREE MNT-PARK 11/1-15 $3,971.70 WEST COAST ARBORISTS, INC. Total Check Amount: $8,384.70 Voucher Subtotal $263,610.00
TOTAL $343,254.54
Nov 29, 2023 7 of 7 8:15:10 PM
City of Brea
City Council Regular Meeting Communication
Placeholder - Award of Contract for As-Needed Citywide Scanning Serevices FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Placeholder - Approve the City’s Fiscal Year 2024-25 Grant Application to the County of Orange for the Community Development Block Grant Program (CDBG)
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Monthly Report of Investments for the City of Brea for Period Ended November 30, 2023 Copy TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager
RECOMMENDATION
Receive and file.
BACKGROUND/DISCUSSION
The Monthly Report of Investments is prepared in accordance with Government Code Sections (GCS) 41004 and 53607 and contains information on the City's investment activities for the month of November. Cash for day-to-day activities is deposited in the demand and interest-bearing checking accounts. The Local Agency Investment Fund (LAIF) is used for short-term investments and functions like a savings account. In addition, on June 6, 2023, with the recommendation of the Investment Advisory Committee, the City Council authorized the use of Treasury Bills and other short-term investments as an LAIF alterntive. The City’s managed investment portfolio is for long-term investments, which are managed through Chandler Asset Management (Chandler). Together, the short and long-term investment accounts represent the City’s investment portfolio.
Attachment A includes an Investment Information Summary and Monthly Account Statement prepared by Chandler for invested funds. The book value is the cost of investments, plus or minus amortization/accretion. As of November 30, 2023, the total market value of the managed investment portfolio, including accrued interest, was $89,149,994 as compared to $87,743,994 at October 31, 2023. The weighted average investment yield for November 30, 2023 was 2.35%, which was slightly higher than the prior month. The City’s Local Agency Investment Fund (LAIF) had a total market value, including accrued interest of $3,347,160 at November 30, 2023. Also, the balance of the City's Liquidity Account at November 30, 2023 was $2,001,145. This brings the total value of the City’s investment portfolio as of November 30, 2023 to $94,498,299 as compared to $91,080,637 at October 31, 2023.
The City has restricted cash and investments held in the post-employment benefits trust account administered by PARS (PARS account), which is managed by HighMark Capital (HighMark) and the City's various bond reserve accounts which are managed by Chandler. Attachment A includes a monthly statement from US Bank for the PARS account as well as a portfolio report from Chandler for each bond reserve account that is invested. As of November 30, 2023, the market value of the PARS account, including short-term cash and accrued interest was $10,548,952 compared to $9,862,803 from the prior month. All other restricted cash investments (bond reserve accounts), including short-term cash and accrued interest, was $678,494 in comparison to $669,607 from the prior month.
Pursuant to the City's investment policy, with the exception of LAIF, direct time certificates of deposit and money market mutual funds, all City investments are held by third-party custodians. The Bank of New York Mellon Trust Company, N.A. (BNY) holds accounts managed by Chandler and US Bank holds the PARS account managed by HighMark, which acts as an agent of the City. All securities are held in the name of the City of Brea. The City of Brea has sufficient cash flow to meet its expected expenditures for the next six months.
FISCAL IMPACT/SUMMARY
During the month of November, the total value of the City’s investment portfolio increased by $3,417,662. The increase was primarily due to market rate conditions in the amount of $1,406,000 and the receipt of property tax, cable franchise fees, and a county grant for Arrovista Park in the amount of $1,670,130, $83,300 and $250,000 respectively. Monies were sent to BNY and Chandler was instructed to invest the funds accordingly. The City’s PARS account increased by $686,149 due to market rate adjustments. Also, the City’s bond reserve accounts increased by $8,887 due to market rate conditions.
RESPECTFULLY SUBMITTED:
William Gallardo, City Manager
Prepared by: Faith Madrazo, Financial Services Manager, Revenue Concurrence: Kristin Griffith, Director of Administrative Services and Monica Lo, Deputy Director of Administrative Services City of Brea
City Council Regular Meeting Communication
Monthly Report of Investments for the City of Brea for Period Ended November 30, 2023 Copy TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager
RECOMMENDATION
Receive and file.
BACKGROUND/DISCUSSION
The Monthly Report of Investments is prepared in accordance with Government Code Sections (GCS) 41004 and 53607 and contains information on the City's investment activities for the month of November. Cash for day-to-day activities is deposited in the demand and interest-bearing checking accounts. The Local Agency Investment Fund (LAIF) is used for short-term investments and functions like a savings account. In addition, on June 6, 2023, with the recommendation of the Investment Advisory Committee, the City Council authorized the use of Treasury Bills and other short-term investments as an LAIF alterntive. The City’s managed investment portfolio is for long-term investments, which are managed through Chandler Asset Management (Chandler). Together, the short and long-term investment accounts represent the City’s investment portfolio.
Attachment A includes an Investment Information Summary and Monthly Account Statement prepared by Chandler for invested funds. The book value is the cost of investments, plus or minus amortization/accretion. As of November 30, 2023, the total market value of the managed investment portfolio, including accrued interest, was $89,149,994 as compared to $87,743,994 at October 31, 2023. The weighted average investment yield for November 30, 2023 was 2.35%, which was slightly higher than the prior month. The City’s Local Agency Investment Fund (LAIF) had a total market value, including accrued interest of $3,347,160 at November 30, 2023. Also, the balance of the City's Liquidity Account at November 30, 2023 was $2,001,145. This brings the total value of the City’s investment portfolio as of November 30, 2023 to $94,498,299 as compared to $91,080,637 at October 31, 2023.
The City has restricted cash and investments held in the post-employment benefits trust account administered by PARS (PARS account), which is managed by HighMark Capital (HighMark) and the City's various bond reserve accounts which are managed by Chandler. Attachment A includes a monthly statement from US Bank for the PARS account as well as a portfolio report from Chandler for each bond reserve account that is invested. As of November 30, 2023, the market value of the PARS account, including short-term cash and accrued interest was $10,548,952 compared to $9,862,803 from the prior month. All other restricted cash investments (bond reserve accounts), including short-term cash and accrued interest, was $678,494 in comparison to $669,607 from the prior month.
Pursuant to the City's investment policy, with the exception of LAIF, direct time certificates of deposit and money market mutual funds, all City investments are held by third-party custodians. The Bank of New York Mellon Trust Company, N.A. (BNY) holds accounts managed by Chandler and US Bank holds the PARS account managed by HighMark, which acts as an agent of the City. All securities are held in the name of the City of Brea. The City of Brea has sufficient cash flow to meet its expected expenditures for the next six months.
FISCAL IMPACT/SUMMARY
During the month of November, the total value of the City’s investment portfolio increased by $3,417,662. The increase was primarily due to market rate conditions in the amount of $1,406,000 and the receipt of property tax, cable franchise fees, and a county grant for Arrovista Park in the amount of $1,670,130, $83,300 and $250,000 respectively. Monies were sent to BNY and Chandler was instructed to invest the funds accordingly. The City’s PARS account increased by $686,149 due to market rate adjustments. Also, the City’s bond reserve accounts increased by $8,887 due to market rate conditions.
RESPECTFULLY SUBMITTED:
William Gallardo, City Manager
Prepared by: Faith Madrazo, Financial Services Manager, Revenue Concurrence: Kristin Griffith, Director of Administrative Services and Monica Lo, Deputy Director of Administrative Services City of Brea
City Council Regular Meeting Communication
Monthly Report of Investments for the City of Brea for Period Ended November 30, 2023 Copy TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager
RECOMMENDATION
Receive and file.
BACKGROUND/DISCUSSION
The Monthly Report of Investments is prepared in accordance with Government Code Sections (GCS) 41004 and 53607 and contains information on the City's investment activities for the month of November. Cash for day-to-day activities is deposited in the demand and interest-bearing checking accounts. The Local Agency Investment Fund (LAIF) is used for short-term investments and functions like a savings account. In addition, on June 6, 2023, with the recommendation of the Investment Advisory Committee, the City Council authorized the use of Treasury Bills and other short-term investments as an LAIF alterntive. The City’s managed investment portfolio is for long-term investments, which are managed through Chandler Asset Management (Chandler). Together, the short and long-term investment accounts represent the City’s investment portfolio.
Attachment A includes an Investment Information Summary and Monthly Account Statement prepared by Chandler for invested funds. The book value is the cost of investments, plus or minus amortization/accretion. As of November 30, 2023, the total market value of the managed investment portfolio, including accrued interest, was $89,149,994 as compared to $87,743,994 at October 31, 2023. The weighted average investment yield for November 30, 2023 was 2.35%, which was slightly higher than the prior month. The City’s Local Agency Investment Fund (LAIF) had a total market value, including accrued interest of $3,347,160 at November 30, 2023. Also, the balance of the City's Liquidity Account at November 30, 2023 was $2,001,145. This brings the total value of the City’s investment portfolio as of November 30, 2023 to $94,498,299 as compared to $91,080,637 at October 31, 2023.
The City has restricted cash and investments held in the post-employment benefits trust account administered by PARS (PARS account), which is managed by HighMark Capital (HighMark) and the City's various bond reserve accounts which are managed by Chandler. Attachment A includes a monthly statement from US Bank for the PARS account as well as a portfolio report from Chandler for each bond reserve account that is invested. As of November 30, 2023, the market value of the PARS account, including short-term cash and accrued interest was $10,548,952 compared to $9,862,803 from the prior month. All other restricted cash investments (bond reserve accounts), including short-term cash and accrued interest, was $678,494 in comparison to $669,607 from the prior month.
Pursuant to the City's investment policy, with the exception of LAIF, direct time certificates of deposit and money market mutual funds, all City investments are held by third-party custodians. The Bank of New York Mellon Trust Company, N.A. (BNY) holds accounts managed by Chandler and US Bank holds the PARS account managed by HighMark, which acts as an agent of the City. All securities are held in the name of the City of Brea. The City of Brea has sufficient cash flow to meet its expected expenditures for the next six months.
FISCAL IMPACT/SUMMARY
During the month of November, the total value of the City’s investment portfolio increased by $3,417,662. The increase was primarily due to market rate conditions in the amount of $1,406,000 and the receipt of property tax, cable franchise fees, and a county grant for Arrovista Park in the amount of $1,670,130, $83,300 and $250,000 respectively. Monies were sent to BNY and Chandler was instructed to invest the funds accordingly. The City’s PARS account increased by $686,149 due to market rate adjustments. Also, the City’s bond reserve accounts increased by $8,887 due to market rate conditions.
RESPECTFULLY SUBMITTED:
William Gallardo, City Manager
Prepared by: Faith Madrazo, Financial Services Manager, Revenue Concurrence: Kristin Griffith, Director of Administrative Services and Monica Lo, Deputy Director of Administrative Services City of Brea
City Council Regular Meeting Communication
Monthly Report of Investments for the City of Brea for Period Ended November 30, 2023 Copy TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager
RECOMMENDATION
Receive and file.
BACKGROUND/DISCUSSION
The Monthly Report of Investments is prepared in accordance with Government Code Sections (GCS) 41004 and 53607 and contains information on the City's investment activities for the month of November. Cash for day-to-day activities is deposited in the demand and interest-bearing checking accounts. The Local Agency Investment Fund (LAIF) is used for short-term investments and functions like a savings account. In addition, on June 6, 2023, with the recommendation of the Investment Advisory Committee, the City Council authorized the use of Treasury Bills and other short-term investments as an LAIF alterntive. The City’s managed investment portfolio is for long-term investments, which are managed through Chandler Asset Management (Chandler). Together, the short and long-term investment accounts represent the City’s investment portfolio.
Attachment A includes an Investment Information Summary and Monthly Account Statement prepared by Chandler for invested funds. The book value is the cost of investments, plus or minus amortization/accretion. As of November 30, 2023, the total market value of the managed investment portfolio, including accrued interest, was $89,149,994 as compared to $87,743,994 at October 31, 2023. The weighted average investment yield for November 30, 2023 was 2.35%, which was slightly higher than the prior month. The City’s Local Agency Investment Fund (LAIF) had a total market value, including accrued interest of $3,347,160 at November 30, 2023. Also, the balance of the City's Liquidity Account at November 30, 2023 was $2,001,145. This brings the total value of the City’s investment portfolio as of November 30, 2023 to $94,498,299 as compared to $91,080,637 at October 31, 2023.
The City has restricted cash and investments held in the post-employment benefits trust account administered by PARS (PARS account), which is managed by HighMark Capital (HighMark) and the City's various bond reserve accounts which are managed by Chandler. Attachment A includes a monthly statement from US Bank for the PARS account as well as a portfolio report from Chandler for each bond reserve account that is invested. As of November 30, 2023, the market value of the PARS account, including short-term cash and accrued interest was $10,548,952 compared to $9,862,803 from the prior month. All other restricted cash investments (bond reserve accounts), including short-term cash and accrued interest, was $678,494 in comparison to $669,607 from the prior month.
Pursuant to the City's investment policy, with the exception of LAIF, direct time certificates of deposit and money market mutual funds, all City investments are held by third-party custodians. The Bank of New York Mellon Trust Company, N.A. (BNY) holds accounts managed by Chandler and US Bank holds the PARS account managed by HighMark, which acts as an agent of the City. All securities are held in the name of the City of Brea. The City of Brea has sufficient cash flow to meet its expected expenditures for the next six months.
FISCAL IMPACT/SUMMARY
During the month of November, the total value of the City’s investment portfolio increased by $3,417,662. The increase was primarily due to market rate conditions in the amount of $1,406,000 and the receipt of property tax, cable franchise fees, and a county grant for Arrovista Park in the amount of $1,670,130, $83,300 and $250,000 respectively. Monies were sent to BNY and Chandler was instructed to invest the funds accordingly. The City’s PARS account increased by $686,149 due to market rate adjustments. Also, the City’s bond reserve accounts increased by $8,887 due to market rate conditions.
RESPECTFULLY SUBMITTED:
William Gallardo, City Manager
Prepared by: Faith Madrazo, Financial Services Manager, Revenue Concurrence: Kristin Griffith, Director of Administrative Services and Monica Lo, Deputy Director of Administrative Services City of Brea
City Council Regular Meeting Communication
Monthly Report of Investments for the City of Brea for Period Ended November 30, 2023 Copy TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager
RECOMMENDATION
Receive and file.
BACKGROUND/DISCUSSION
The Monthly Report of Investments is prepared in accordance with Government Code Sections (GCS) 41004 and 53607 and contains information on the City's investment activities for the month of November. Cash for day-to-day activities is deposited in the demand and interest-bearing checking accounts. The Local Agency Investment Fund (LAIF) is used for short-term investments and functions like a savings account. In addition, on June 6, 2023, with the recommendation of the Investment Advisory Committee, the City Council authorized the use of Treasury Bills and other short-term investments as an LAIF alterntive. The City’s managed investment portfolio is for long-term investments, which are managed through Chandler Asset Management (Chandler). Together, the short and long-term investment accounts represent the City’s investment portfolio.
Attachment A includes an Investment Information Summary and Monthly Account Statement prepared by Chandler for invested funds. The book value is the cost of investments, plus or minus amortization/accretion. As of November 30, 2023, the total market value of the managed investment portfolio, including accrued interest, was $89,149,994 as compared to $87,743,994 at October 31, 2023. The weighted average investment yield for November 30, 2023 was 2.35%, which was slightly higher than the prior month. The City’s Local Agency Investment Fund (LAIF) had a total market value, including accrued interest of $3,347,160 at November 30, 2023. Also, the balance of the City's Liquidity Account at November 30, 2023 was $2,001,145. This brings the total value of the City’s investment portfolio as of November 30, 2023 to $94,498,299 as compared to $91,080,637 at October 31, 2023.
The City has restricted cash and investments held in the post-employment benefits trust account administered by PARS (PARS account), which is managed by HighMark Capital (HighMark) and the City's various bond reserve accounts which are managed by Chandler. Attachment A includes a monthly statement from US Bank for the PARS account as well as a portfolio report from Chandler for each bond reserve account that is invested. As of November 30, 2023, the market value of the PARS account, including short-term cash and accrued interest was $10,548,952 compared to $9,862,803 from the prior month. All other restricted cash investments (bond reserve accounts), including short-term cash and accrued interest, was $678,494 in comparison to $669,607 from the prior month.
Pursuant to the City's investment policy, with the exception of LAIF, direct time certificates of deposit and money market mutual funds, all City investments are held by third-party custodians. The Bank of New York Mellon Trust Company, N.A. (BNY) holds accounts managed by Chandler and US Bank holds the PARS account managed by HighMark, which acts as an agent of the City. All securities are held in the name of the City of Brea. The City of Brea has sufficient cash flow to meet its expected expenditures for the next six months.
FISCAL IMPACT/SUMMARY
During the month of November, the total value of the City’s investment portfolio increased by $3,417,662. The increase was primarily due to market rate conditions in the amount of $1,406,000 and the receipt of property tax, cable franchise fees, and a county grant for Arrovista Park in the amount of $1,670,130, $83,300 and $250,000 respectively. Monies were sent to BNY and Chandler was instructed to invest the funds accordingly. The City’s PARS account increased by $686,149 due to market rate adjustments. Also, the City’s bond reserve accounts increased by $8,887 due to market rate conditions.
RESPECTFULLY SUBMITTED:
William Gallardo, City Manager
Prepared by: Faith Madrazo, Financial Services Manager, Revenue Concurrence: Kristin Griffith, Director of Administrative Services and Monica Lo, Deputy Director of Administrative Services City of Brea
City Council Regular Meeting Communication
Placeholder: Audit
TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
January 16, 2024 City Council Regular Meeting Minutes
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Placeholder: City of Brea Annual Comprehensive Financial Report and Related Audit Reports for the Fiscal Year Ended June 30, 2023
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Placeholder: Accept a $196,762 Office of Community Oriented Policing Services Law Enforcement Mental Health and Wellness Act (LEMHWA) Implementation Projects Grant Award for Enhancement of the Police Department's Wellness Program
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Placeholder: Adoption of Ordinance No. 1239, an Ordinance of the City Council of the City of Brea prohibiting large truck use of Carbon Canyon Road (State Route 142) and approving a CEQA exemption determination FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Placeholder: PSA for General Plan Update
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Placeholder: Award of Contract for Ambulance Billing Services FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Monthly Report of Investments for the City of Brea for Period Ended January 31, 2024 FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
February 6, 2024 Regular City Council Meeting Minutes
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Placeholder: Award Arovista Contract
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Award TELACU Contract - Arovista
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Award David Volz Contract - Arovista
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Award Soil Contract - Arovista
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Second Reading and Adoption of Ordinance No. 1246 Approving an Inflationary Adjustment of City Council Member Salaries
FROM
Bill Gallardo, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
RESPECTFULLY SUBMITTED:
City of Brea
City Council Regular Meeting Communication
Extended - Monthly Report of Investments for the City of Brea for Period Ended December 31, 2023 TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager
RECOMMENDATION
Receive and file.
BACKGROUND/DISCUSSION
The Monthly Report of Investments is prepared in accordance with Government Code Sections (GCS) 41004 and 53607 and contains information on the City's investment activities for the month of December. Cash for day-to-day activities is deposited in the demand and interest-bearing checking accounts. The Local Agency Investment Fund (LAIF) is used for short-term investments and functions like a savings account. In addition, on June 6, 2023, with the recommendation of the Investment Advisory Committee, the City Council authorized the use of Treasury Bills and other short-term investments as a LAIF alternative. The City’s managed investment portfolio is for long-term investments, which are managed through Chandler Asset Management (Chandler). Together, the short and long-term investment accounts represent the City’s investment portfolio.
Attachment A includes an Investment Information Summary and Monthly Account Statement prepared by Chandler for invested funds. The book value is the cost of investments, plus or minus amortization/accretion. As of December 31, 2023, the total market value of the managed investment portfolio, including accrued interest, was $90,486,088 as compared to $89,149,994 at November 30, 2023. The weighted average investment yield for December 31, 2023 was 2.44%, which was slightly higher than the prior month. The City’s Local Agency Investment Fund (LAIF) had a total market value, including accrued interest of $11,868,227 at December 31, 2023. Also, the balance of the City's Liquidity account at December 31, 2023 was $2,011,148. This brings the total value of the City’s investment portfolio as of December 31, 2023 to $104,365,463 as compared to $94,498,299 at November 30, 2023.
The City has restricted cash and investments held in the post-employment benefits trust account administered by PARS (PARS account), which is managed by HighMark Capital (HighMark) and the City's various bond reserve accounts which are managed by Chandler. Attachment A includes a monthly statement from US Bank for the PARS account, as well as a portfolio report from Chandler for each bond reserve account that is invested. As of December 31, 2023, the market value of the PARS account, including short-term cash and accrued interest was $11,064,009 compared to $10,548,952 from the prior month. All other restricted cash investments (bond reserve accounts), including short-term cash and accrued interest, was $1,324,341 in comparison to $678,494 from the prior month.
Pursuant to the City's investment policy, with the exception of LAIF, direct time certificates of deposit and money market mutual funds, all City investments are held by third-party custodians. The Bank of New York Mellon Trust Company, N.A. (BNY) holds accounts managed by Chandler and US Bank holds the PARS account managed by HighMark, which acts as an agent of the City. All securities are held in the name of the City of Brea. The City of Brea has sufficient cash flow to meet its expected expenditures for the next six months.
FISCAL IMPACT/SUMMARY
During the month of December, the total value of the City’s investment portfolio increased by $9,867,164. The increase was primarily due to: market rate conditions in the amount of $1,336,093; the receipt of $6,028,491 from the CalOptima grant; sales tax received in the amount of $2,157,389; and Highway User Tax, Measure M, and Orange County Transportation Authority Senior Mobility Program funds received in the amount of $367,186 . Funds were temporarily sent Attachments
Attachment A.pdf
to LAIF until funding requirements are determined. The City’s PARS account increased by $515,057 due to market rate adjustments. Also, the City’s bond reserve accounts increased by $645,847 due to debt service payments sent to the City's bond trustee for the 2014, 2019, and 2020 Water Bonds. Payments are due to the bondholders on January 1, 2024.
RESPECTFULLY SUBMITTED:
William Gallardo, City Manager
Prepared by: Faith Madrazo, Financial Services Manager, Revenue Concurrence: Kristin Griffith, Director of Administrative Services and Monica Lo, Deputy Director of Administrative Services
City of Brea
Cash and Investment Information
Book Market
Value Value*
Demand and Interest-Bearing Checking Accounts Citizen's Bank $ 5,637,793.03 $ 5,637,793.03 Local Agency Investment Fund LAIF $ 11,826,243.61 $ 11,868,227.50 Managed Investment Portfolio - CHANDLER Chandler/BNY $ 92,787,818.79 $ 90,486,087.86 Liquidity Account - CHANDLER Chandler/BNY $ 2,001,132.40 $ 2,011,147.90 PARS Post-Employment Benefits Trust** Highmark/US Bank $ 9,825,029.17 $ 11,064,008.72 Fiscal Agent Cash & Investments**
2010 Lease Revenue Bonds Chandler/BNY $ - $ -
2014 Downtown Brea Public Improvements CFD Bonds (CFD 1996-1) Chandler/BNY $ - $ - 2014 Water Revenue Bonds Chandler/BNY $ 408.48 $ 408.48 2017 Brea Plaza Public Improvements CFD Bonds (CFD 2008-2) Chandler/BNY $ 698,957.18 $ 684,541.24 2019 Olinda Ranch Public Improvements CFD Bonds (CFD 1997-1) Chandler/BNY $ 484.12 $ 484.12 2019 Water Revenue Bonds Chandler/BNY $ 419,900.00 $ 419,900.00 2020 Water Revenue Refunding Bonds Chandler/BNY $ 219,006.18 $ 219,006.18 2021 Lease Revenue Refunding Bonds Chandler/BNY $ 1.12 $ 1.12 Sub-total - Fiscal Agent Cash & Investments $ 1,338,757.08 $ 1,324,341.14 Report Grand Total $ 123,416,774.08 $ 122,391,606.15
* Includes accrued interest on invested funds
** Reserve Fund
December 31, 2023
ATTACHMENT A Page 1 of 159
City of Brea
Cash and Investment Information
Fiscal Agent Cash & Investments Detail
10129 2010 Lease Revenue Bonds - CHANDLER $ - $ -
Short-Term Treasury Funds - BNY $ - $ -
Sub-total $ - $ -
2014 Downtown Brea Public Improvements CFD Bonds - CHANDLER $ - $ - Short-Term Treasury Funds - BNY $ - $ -
Sub-total $ - $ -
2014 Water Revenue Bonds - CHANDLER $ - $ -
Short-Term Treasury Funds - BNY $ 408.48 $ 408.48
Sub-total $ 408.48 $ 408.48
10600 2017 Brea Plaza Public Improvements CFD Bonds (CFD 2008-2) - CHANDLER $ 698,321.96 $ 683,906.02 Short-Term Treasury Funds - BNY $ 635.22 $ 635.22
Sub-total $ 698,957.18 $ 684,541.24
2019 Olinda Ranch Public Improvements Bonds (CFD 1997-1) - CHANDLER $ - $ - Short-Term Treasury Funds - BNY $ 484.12 $ 484.12
Sub-total $ 484.12 $ 484.12
2019 Water Revenue Bonds - CHANDLER $ - $ -
Short-Term Treasury Funds - BNY $ 419,900.00 $ 419,900.00 Sub-total $ 419,900.00 $ 419,900.00
2020 Water Revenue Refunding Bonds - CHANDLER $ - $ -
Short-Term Treasury Funds - BNY $ 219,006.18 $ 219,006.18 Sub-total $ 219,006.18 $ 219,006.18
2021 Lease Revenue Refunding Bonds - CHANDLER $ - $ -
Short-Term Treasury Funds - BNY $ 1.12 $ 1.12
Sub-total $ 1.12 $ 1.12
Report Grand Total $ 1,338,757.08 $ 1,324,341.14
Book
Value
Market
Value
December 31, 2023
ATTACHMENT A Page 2 of 159
MONTHLY ACCOUNT STATEMENT
City of Brea Laif - Account #10164
DECEMBER 1, 2023 THROUGH DECEMBER 31, 2023
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures.
CHANDLER ASSET MANAGEMENT
chandlerasset.com
Chandler Team:
For questions about your account, please call (800) 317-4747, or contact [email protected]
ATTACHMENT A Page 3 of 159
ACCOUNT SUMMARY
Beg. Values
as of 11/30/23
End Values
as of 12/31/23
Market Value 3,326,244 11,826,244
Accrued Interest 20,916 41,984
Total Market Value 3,347,160 11,868,228
Income Earned 10,506 21,068
Cont/WD 8,500,000
Par 3,326,244 11,826,244
Book Value 3,326,244 11,826,244
Cost Value 3,326,244 11,826,244
TOP ISSUERS
Local Agency Investment Fund 100.0%
Total 100.0%
PORTFOLIO CHARACTERISTICS
Average Modified Duration 0.00
Average Coupon 3.95%
Average Purchase YTM 3.95%
Average Market YTM 3.95%
Average S&P/Moody Rating NR/NR
Average Final Maturity 0.00 yrs
Average Life 0.00 yrs
SECTOR ALLOCATION MATURITY DISTRIBUTION CREDIT QUALITY (S&P) Portfolio Summary
As of December 31, 2023
City of Brea Laif
Account #10164
PERFORMANCE REVIEW
Annualized
TOTAL RATE OF RETURN 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS 2/28/2012 City of Brea Laif 0.36% 1.08% 3.45% 3.45% 2.28% 1.62% 1.73% 1.27% N/A Chandler Asset Management - CONFIDENTIAL Execution Time: 1/4/2024 9:21:31 AM ATTACHMENT A Page 4 of 159
Holdings Report
As of December 31, 2023
City of Brea Laif
Account #10164
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
LAIF
90LAIF$00 Local Agency Investment Fund State
Pool
11,826,243.61 Various
3.95%
11,826,243.61
11,826,243.61
1.00 3.95%
11,826,243.61
41,983.89
100.00%
0.00 NR / NR
NR
0.00 0.00
Total LAIF 11,826,243.61 3.95%
11,826,243.61
11,826,243.61 3.95%
11,826,243.61
41,983.89
100.00%
0.00 NR / NR
NR
0.00 0.00
TOTAL PORTFOLIO 11,826,243.61 3.95%
11,826,243.61
11,826,243.61 3.95%
11,826,243.61
41,983.89
100.00%
0.00 NR / NR
NR
0.00 0.00
TOTAL MARKET VALUE PLUS ACCRUED 11,868,227.50
Chandler Asset Management - CONFIDENTIAL Execution Time: 1/4/2024 9:21:31 AM ATTACHMENT A Page 5 of 159
Transaction Ledger
As of December 31, 2023
City of Brea Laif
Account #10164
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/DispYield Amount InterestPur/Sold Total Amount Gain/Loss
ACQUISITIONS
Security
Contribution
12/21/2023 90LAIF$00 8,500,000.00 Local Agency Investment Fund State Pool
1.000 8,500,000.00 0.00 8,500,000.00 0.00
Subtotal 8,500,000.00 8,500,000.00 0.00 8,500,000.00 0.00 TOTAL ACQUISITIONS 8,500,000.00 8,500,000.00 0.00 8,500,000.00 0.00 Chandler Asset Management - CONFIDENTIAL Execution Time: 1/4/2024 9:21:31 AM ATTACHMENT A Page 6 of 159
Income Earned
As of December 31, 2023
City of Brea Laif
Account #10164
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
LOCAL AGENCY INVESTMENT FUND
90LAIF$00 Local Agency Investment Fund
State Pool
Various
Various
11,826,243.61
3,326,243.61
8,500,000.00
0.00 11,826,243.61
20,916.37
0.00 41,983.89
21,067.52
0.00 0.00
0.00 21,067.52
21,067.52
Total Local Agency Investment Fund 11,826,243.61
3,326,243.61
8,500,000.00
0.00 11,826,243.61
20,916.37
0.00 41,983.89
21,067.52
0.00 0.00
0.00 21,067.52 21,067.52
TOTAL PORTFOLIO 11,826,243.61
3,326,243.61
8,500,000.00
0.00 11,826,243.61
20,916.37
0.00 41,983.89
21,067.52
0.00 0.00
0.00 21,067.52 21,067.52
Chandler Asset Management - CONFIDENTIAL Execution Time: 1/4/2024 9:21:31 AM ATTACHMENT A Page 7 of 159
Cash Flow Report
As of December 31, 2023
City of Brea Laif
Account #10164
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 01/15/2024 Dividend 90LAIF$00 390,435,517.44 Local Agency Investment Fund State Pool 0.00 40,941.65 40,941.65 JAN 2024 0.00 40,941.65 40,941.65
TOTAL 0.00 40,941.65 40,941.65
Chandler Asset Management - CONFIDENTIAL Execution Time: 1/4/2024 9:21:31 AM ATTACHMENT A Page 8 of 159
Important Disclosures City of Brea Laif
Account #10164
Chandler Asset Management, Inc. ;͞Chandler͟Ϳis an SEC registered investment adviser. For additional information about our firm, please see our current disclosures (Form ADV). To obtain a copy of our current disclosures, you may contact your client service representative by calling the number on the front of this statement or you may visit our website at www.chandlerasset.com.
Information contained in this monthly statement is confidential and is provided for informational purposes only and should not be construed as specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of this statement, but may become outdated or superseded at any time without notice.
Custody: Your qualified custodian bank maintains control of all assets reflected in this statement and we urge you to compare this statement to the one you receive from your qualified custodian. Chandler does not have any authority to withdraw or deposit funds from/to the custodian account.
Valuation: Prices are provided by IDC, an independent pricing source. In the event IDC does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A.
Performance: Performance results are presented gross-of-advisory fees and represent the client͛s Total Return. The deduction of advisory fees lowers performance results. These results include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors, market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio.
Source ice Data Indices, LLC ("ICE"), used with permission. ICE PERMITS USE OF THE ICE INDICES AND RELATED DATA ON AN "AS IS" BASIS; ICE, ITS AFFILIATES AND THEIR RESPECTIVE
THIRD PARTY SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS AND/OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, INCLUDING THE INDICES, INDEX DATA AND ANY DATA INCLUDED IN, RELATED TO, OR DERIVED THEREFROM. NEITHER ICE DATA, ITS AFFILIATES OR
THEIR RESPECTIVE THIRD PARTY PROVIDERS GUARANTEE THE QUALITY, ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INDICES OR THE INDEX DATA OR ANY COMPONENT THEREOF, AND THE INDICES AND INDEX DATA AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN "AS IS" BASIS AND LICENSEE'S USE IS AT LICENSEE'S OWN RISK. ICE DATA, ITS AFFILIATES AND THEIR RESPECTIVE THIRD PARTY DO NOT SPONSOR, ENDORSE, OR RECOMMEND CHANDLER, OR ANY OF ITS PRODUCTS OR SERVICES.
Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not possible to invest directly in an index.
Ratings: Ratings information have been provided by Moody͛s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee its accuracy.
Security level ratings for U.S. Agency issued mortgage-backed securities ;͞MBS͟Ϳreflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency guarantees the full and timely payment of both principal and interest and carries a AA+/Aaa/AAA by S&P, Moody͛s and Fitch respectively.
Chandler Asset Management - CONFIDENTIAL Execution Time: 1/4/2024 9:21:31 AM ATTACHMENT A Page 9 of 159
MONTHLY ACCOUNT STATEMENT
City of Brea - Account #120
DECEMBER 1, 2023 THROUGH DECEMBER 31, 2023
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures.
CHANDLER ASSET MANAGEMENT
chandlerasset.com
Chandler Team:
For questions about your account, please call (800) 317-4747, or contact [email protected]
Custodian
Bank of New York Mellon
Lauren Dehner
(904) 645-1918
ATTACHMENT A