State of California )
County of San Bernardino )ss
City of Chino )
I, NATALIE GONZAGA, City Clerk of the City of Chino, California, do hereby certify that the foregoing Resolution was adopted by the City Council of said City at a regular meeting of said City Council held on the 20th day of June 2023, and that it was so adopted by called vo te as follows:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
___________________________________
NATALIE GONZAGA, CITY CLERK
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EXHIBIT 1
The following table shows the projections for on -going revenues and expenditures with adjustments for known items that will have an impact on General Fund Reserves. While on -going expenditures exceed revenues in the future, the largest negative impact on General Fund Reserves are the contributions for road and park maintenance. These expenditures were derived from the recently completed Pavement Management Report and the Parks & Facilities Master Plan. For the City to maintain these important assets, additional funding sources will be needed.
Actuals Actuals Actuals Projected Budget Budget
25-26 26-27 Beyond 19-20 20-21 21-22 22-23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 30-31 31-32 32-33
ONGOING REVENUES
Sales Tax 3.0% 3.0% 3.0% 25,374,164 35,462,801 35,643,318 35,979,416 36,944,404 38,051,952 39,193,511 40,369,316 41,580,395 42,827,807 44,112,641 45,436,021 46,799,101 48,203,074 Property Tax 3.0% 3.0% 3.0% 26,423,710 27,798,062 29,367,029 33,138,132 34,018,910 35,199,881 36,255,877 37,343,554 38,463,860 39,617,776 40,806,309 42,030,499 43,291,414 44,590,156 Franchise - Outside Entities 3.0% 3.0% 3.0% 3,083,920 3,339,653 3,522,402 3,832,319 3,925,326 4,020,152 4,140,757 4,264,979 4,392,929 4,524,716 4,660,458 4,800,272 4,944,280 5,092,608 Other Administrative 1.0% 1.0% 1.0% 1,980,215 2,693,127 (867,976) 2,291,905 2,460,172 2,217,829 2,240,007 2,262,407 2,285,031 2,307,882 2,330,961 2,354,270 2,377,813 2,401,591 Business and Lodging 1.0% 1.0% 1.0% 1,357,644 1,444,602 1,473,747 1,447,501 1,600,577 1,650,657 1,667,164 1,683,835 1,700,674 1,717,680 1,734,857 1,752,206 1,769,728 1,787,425 Interest 1.0% 1.0% 1.0% 2,111,318 1,031,533 1,197,738 2,985,531 1,826,411 1,814,886 1,833,035 1,851,365 1,869,879 1,888,578 1,907,463 1,926,538 1,945,803 1,965,261 City Services - CFD 1.0% 1.0% 2.0% 4,251,893 4,142,815 4,627,597 4,847,247 4,925,531 5,111,458 5,162,573 5,214,198 5,318,482 5,424,852 5,533,349 5,644,016 5,756,896 5,872,034 Intergovernmental 1.0% 1.0% 1.0% 75,021 101,013 159,367 115,000 115,000 40,000 40,400 40,804 41,212 41,624 42,040 42,461 42,885 43,314 Police 1.0% 1.0% 1.0% 1,510,542 1,671,427 2,097,022 2,002,785 1,861,883 1,666,502 1,683,167 1,699,999 1,716,999 1,734,169 1,751,510 1,769,025 1,786,716 1,804,583 Transfers In 5,749,252 6,218,932 5,900,295 6,048,745 7,087,409 7,161,375 7,161,375 7,161,375 7,161,375 7,161,375 7,161,375 7,161,375 7,161,375 7,161,375 Expenditure Savings Contingency 3,100,000 3,100,000 3,100,000 3,100,000 3,100,000 3,100,000 3,100,000 3,100,000 3,100,000 3,100,000 Development Revenues:
Building - Decreasing due to buildout -5.0% -5.0% -5.0% 3,839,690 3,717,300 5,974,507 3,262,858 5,770,356 6,100,225 5,795,214 5,505,453 5,230,180 4,968,671 4,720,238 4,484,226 4,260,015 4,047,014 Planning - Decreasing due to buildout -5.0% -5.0% -5.0% 734,243 736,550 697,856 456,469 709,803 678,633 644,701 612,466 581,843 552,751 525,113 498,858 473,915 450,219 Engineering - Decreasing due to buildout -5.0% -5.0% -5.0% 6,335,528 6,420,629 7,027,929 4,771,592 4,644,970 4,756,970 4,519,122 4,293,165 4,078,507 3,874,582 3,680,853 3,496,810 3,321,970 3,155,871 Total Development (Info only - Line Not In Total) 10,909,461 10,874,479 13,700,292 8,490,919 11,125,129 11,535,828 10,959,037 10,411,085 9,890,531 9,396,004 8,926,204 8,479,894 8,055,899 7,653,104 Total Ongoing Revenues 82,827,140 94,778,444 96,820,831 101,179,500 108,990,752 111,570,520 113,436,901 115,402,917 117,521,367 119,742,463 122,067,168 124,496,576 127,031,910 129,674,527 25-26 26-27 Beyond
ONGOING DEPARTMENT EXPENDITURES
Administration 3.0% 3.0% 3.0% 2,531,668 2,332,707 2,638,409 3,015,054 4,848,463 4,570,151 4,707,256 4,848,473 4,993,927 5,143,745 5,298,058 5,456,999 5,620,709 5,789,331 Economic Development Operations 3.0% 3.0% 3.0% 345,676 346,277 347,771 417,403 636,160 645,624 664,993 684,943 705,491 726,655 748,455 770,909 794,036 817,857 Economic Development Sales Tax Agreements 3.0% 3.0% 3.0% 1,274,227 2,252,140 3,455,858 3,426,758 4,091,000 4,256,000 4,383,680 4,515,190 4,650,646 4,790,165 4,933,870 5,081,887 5,234,343 5,391,373 Finance 1.0% 2,539,553 4,762,753 2,766,898 2,885,224 4,278,923 3,691,516 3,691,516 3,691,516 3,728,431 3,765,715 3,803,373 3,841,406 3,879,820 3,918,619 Fire Contract 3.0% 3.0% 3.0% 10,236,270 11,042,545 11,255,485 12,021,811 12,700,000 13,250,000 13,647,500 14,056,925 14,478,633 14,912,992 15,360,381 15,821,193 16,295,829 16,784,704 Human Resources 3.0% 3.0% 3.0% 60,408 61,814 96,136 104,161 128,720 128,729 132,591 136,569 140,666 144,886 149,232 153,709 158,320 163,070 Police 3.0% 3.0% 3.0% 39,177,808 41,699,549 43,499,913 46,472,689 53,169,175 53,643,947 55,253,265 56,910,863 58,618,189 60,376,735 62,188,037 64,053,678 65,975,288 67,954,547 Development Services 3.0% 3.0% 3.0% 8,913,071 9,540,082 11,882,734 11,754,198 11,592,875 11,535,399 11,881,461 12,237,905 12,605,042 12,983,193 13,372,689 13,773,870 14,187,086 14,612,698 Public Works 3.0% 3.0% 3.0% 211,073 229,419 245,387 717,372 522,298 514,849 530,294 546,203 562,589 579,467 596,851 614,757 633,199 652,195 Transfers Out: - - - Community Services 3.0% 3.0% 3.0% 4,922,775 4,865,410 4,805,623 4,524,875 7,278,388 6,958,021 7,166,762 7,381,764 7,603,217 7,831,314 8,066,253 8,308,241 8,557,488 8,814,213 Landscape Maintenance 3.0% 3.0% 3.0% 5,725,640 6,487,493 6,724,361 8,112,172 9,121,376 9,032,657 9,303,637 9,582,746 9,870,228 10,166,335 10,471,325 10,785,465 11,109,029 11,442,300 Transportation 3.0% 3.0% 3.0% 5,638,307 4,841,378 4,125,207 5,816,071 7,083,574 6,793,641 6,997,450 7,207,374 7,423,595 7,646,303 7,875,692 8,111,963 8,355,322 8,605,981 Other 144,496 131,864
Expenditure Savings Contingency -
Total Ongoing Expenditures 81,576,476 88,461,567 91,843,782 99,267,788 115,595,448 115,152,398 118,360,405 121,800,471 125,380,655 129,067,506 132,864,217 136,774,076 140,800,470 144,946,888 Ongoing Revenues Over/(Under) Ongoing Expenditures 1,250,664 6,316,877 4,977,049 1,911,712 (6,604,696) (3,581,878) (4,923,503) (6,397,554) (7,859,288) (9,325,043) (10,797,048) (12,277,500) (13,768,560) (15,272,361)
ONE TIME RECEIPTS/USES OF GENERAL FUND RESERVES
One-Time ARPA Revenues 2,403,606 10,000,000 2,900,000 CA Center One-Time Transfers In 2,603,575 322,933 3,317,936 1,500,000 One-Time Transfers Out (208,514)
Project Contributions:
Committed Project Funds (9,120,382) (5,352,688) Road Repairs/Maintenance 3.0% (7,000,000) (7,210,000) (7,426,300) (7,649,089) (7,878,562) (8,114,919) (8,358,366) (8,609,117) Parks & Facilities (6,018,283) (1,595,450) (3,502,250) (5,511,900) (5,251,000) (2,616,100) (4,196,000) (2,800,000) (5,300,000) (6,100,000) (3,650,000) Maintenance Projects (357,000) (843,666)
Total One-Time Uses of Funds 0 (6,716,776) 7,042,373 (3,152,350) 878,820 (3,502,250) (11,011,900) (12,461,000) (10,042,400) (11,845,089) (10,678,562) (13,414,919) (14,458,366) (12,259,117) Total Revenues Over (Under) Expenditures - All Sources 1,250,664 (399,899) 12,019,422 (1,240,638) (5,725,876) (7,084,128) (15,935,403) (18,858,554) (17,901,688) (21,170,132) (21,475,610) (25,692,419) (28,226,926) (27,531,478) Cash Basis / Continuing Appropriation Adjustments 2,306,594 14,530 3,671,380 (157,744) Ending General Fund Reserves 60,133,166 60,146,748 74,472,764 73,246,656 63,849,400 56,923,016 40,987,613 22,129,059 4,227,371 (16,942,761) (38,418,371) (64,110,789) (92,337,715) (119,869,194) Inflation Projections
Inflation Projections Projections
CITY OF CHINO
GENERAL FUND
LONG RANGE FINANCIAL PLAN
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RESOLUTION NO. 2023-046
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING CERTAIN PORTIONS OF RESOLUTION NOS. 2022-044 2022-045, 2022-046, 2022-054, 2022-061, 2022-088, 2023-004, 2023-005, 2023 -011, 2023 -012 AND 2023 -034 OF THE CITY’S
CLASSIFICATION AND SALARY SCHEDULE
WHEREAS, the City Council of the City of Chino has the authority to create and maintain position classifications; and
WHEREAS, greater flexibility is desired to meet changing business conditions and serve budgetary staffing and general organizational needs; and
WHEREAS, the need to add sixteen new full-time positions has been identified; and
WHEREAS, the need to retitle existing full-time positions has been identified; and
WHEREAS, the need to eliminate budgeted full-time positions has been identified; and
WHEREAS, the need to establish the salary range for the new classifications of Public Information Officer and Strategic Initiatives Manager has been identified; and
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That Resolution Nos. 2022-044 2022-045, 2022-046, 2022-054, 2022-061, 2022-088, 2023-004, 2023-005, 2023-011, 2023-012 and 2023 -034 of the City’s Classification and Salary Schedule are revised to establish the following changes to the salary schedule:
Add:
• One (1) Full-time Public Information Officer (Unrepresented Management) • One (1) Full-time Management Assistant (Confidential) • One (1) Full-time Strategic Initiatives Manager (Unrepresented Management) • One (1) Full-time Communications Manager (Unrepresented Management) • Two (2) Full-time Police Officer (CPOA)
• One (1) Full-time Human Resources Technician (Confidential) • One (1) Full-time Human Resources & Risk Analyst (Unrepresented Management) • One (1) Full-time Associate Engineer (Unrepresented Management) • One (1) Full-time Equipment Mechanic (AFSCME)
• One (1) Full-time Water Systems Operator (AFSCME)
• One (1) Full-time Water Systems Lead Operator (AFSCME) • Two (2) Full-time Maintenance Worker (AFSCME)
• One (1) Full-time Building Official (Unrepresented Management) • One (1) Full-time Clerk Typist II (TEAMSTERS)
Remove:
• One (1) Full-time Assistant Engineer
• One (1) Full-time Multimedia Officer
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RESOLUTION NO. 2023-xxx
PAGE 2
Retitle:
• One (1) Full-time Accounting Technician to One (1) Full-time Payroll Technician (Confidential)
Non-Sworn Management Classification (monthly salary amounts) Base 22.5% Maximum
Public Information Officer (new) $7,683 $9,411 $9,988
Strategic Initiatives Manager (new) $9,521 $11,662 $12,378
2. Except as so modified, Resolution Nos. 2022 -044 2022 -045, 2022-046, 2022 -054, 2022-061, 2022-088, 2023-004, 2023-005, 2023-011, 2023-012 and 2023-034 of the City’s Classification and Salary Schedule shall remain unmodified and in full force and effect.
APPROVED AND ADOPTED THIS 20th day of June 2023.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
_____________________________
NATALIE GONZAGA, CITY CLERK
CITY OF CHINO
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BUDGET IN BRIEF
CITY OF CHINO
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Expenditures$118.0MRevenues$112.3M
Operating Shortfall$5.7M
Expenditures$140.2MRevenues$119.7M
Operating Shortfall$21.2M
Expenditures$157.2MRevenues$129.7M
Operating Shortfall$27.5M
About the FY 2023-24Operating Budget
The City of Chino proposed a two-year budget, as well as its long-range forecast, and anticipates the City will be operating in a deficit position. This deficit is due to inflation and increased costs of services associated with maintaining public safety, aging streets, public parks, and providing community events for youth, seniors, and veterans. These operating deficits will be covered with existing General Fund reserves. However, long-term operating deficits are projected to exhaust General Fund reserves in the near future. Below is a chart highlighting FY 23-24 revenues and expenditures.
General FundRevenues & Expenditures FY 2023-24
General Fund
FY 2023-24 FY 2028-29 FY 2032-33
ExpendituresRevenues
$112, 308, 688
$118, 034, 564
10 year forecast
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Projected 22-23Budget 23-24Budget 24-25
$60,000,000 $40,000,000 $20,000,000 $0
Projected 22-23Budget 23-24Budget 24-25
$2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $0 Projected 22-23Budget 23-24Budget 24-25
$12,500,000 $10,000,000 $7,500,000 $5,000,000 $2,500,000 $0 Projected 22-23Budget 23-24Budget 24-25
$10,000,000 $7,500,000 $5,000,000 $2,500,000 $0
Projected 22-23Budget 23-24Budget 24-25
$12,500,000 $10,000,000 $7,500,000 $5,000,000 $2,500,000 $0 Public Safety
Code Enforcement
Community Services
Public Landscape Maintenance
Transportation Maintenance
City Services
FY 2023-25 Operating Budgets
The City of Chino provides a variety of services to the community. The cost of these services are paid for with general revenues received by the City. These revenues include Sales Tax, Property Tax, Municipal Services Tax, Interest, and smaller miscellaneous revenues. However, revenue growth has not kept pace with expenditure growth due to inflation and costs of services. Below is a highlight of the major services being provided to the community and their off-setting revenues. The difference is backfilled with general revenues.
Revenues Expenditures Revenues Expenditures
Revenues Expenditures Revenues Expenditures
Revenues Expenditures
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STREETS $39.5 M
Capital Improvement Program
PARKS $10.5 M
UTILITIES $59.3 M
Includes $18.9 million for Pine and Kimball Avenue Street Improvements.
These improvements include the design for the Pine Avenue connector to the State Route 71, as well as street improvements to Pine and Kimball Avenues east of Euclid.
Includes $6 million for improvements to Ayala Park fields, trails, and facilities. $2.4 million will be spent on a new City park, Chino Rancho Park, located on Central and Francis. Walnut and Liberty Parks will receive updated playground equipment as well.
Water, Sewer, and Storm Drain systems will all receive continued upgrades and replacements in order to maintain the quality of their services to residents and businesses as the City of Chino continues to grow.
The Capital Improvement Program, shaped by the community and approved by the City Council, is a forecast of the City’s anticipated capital improvement needs.
Funding is typically set aside to cover the project costs and comes from multiple funding sources such as Utility Rates, Development Impact Fees, Special Revenues, Grants, and General Fund contributions. Of the two-year budget, below is a highlight of the current CIP projects with total anticipated expenditures for FY 2023-24.
$120.3 MILLION
Over 80 individual capital projects
ALLEYWAYS $2.1 M
The City continues to maintain alleyways throughout the downtown area.
Another $2.1 million in alley maintenance will be completed during FY 2023-24. These improvements will enhance the quality and appearance of the City.
HIGHLIGHTS
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Capital Improvement Program
The Capital Improvement Program is funded by a variety of sources. Some funding sources are constant and dependable, such as revenues from taxes of gasoline sales, and monthly charges to rate payers from utility bills. Other revenues are less constant and depend on economic activity such as developer fees. Typical funding sources for Capital Improvement Projects include; Special Revenues (taxes), Utility Rates, Development Impact Fees, Grants, and General Fund contributions. Below are various funding sources by category of projects for FY 2023-24.
FUNDING SOURCES PROJECT CATEGORIES
Street maintenance costs are funded through
taxes paid when purchasing gasoline (SB 1 and
Measure I taxes) and with City General Fund
dollars. Funds are often accumulated for several
years in order to cover the total cost of
maintenance projects.
STREETS
Maintenance of existing parks requires General
Fund contributions. For FY 2023-24 & FY 2024-25,
the General Fund will contribute an additional
$1.4 and $1.7 million, respectively. These
contributions will provide for the replacement of
existing playground equipment, as well as the
maintenance of fields and trail systems.
PARKS
Monthly utility rates fund utility capital projects.
The City performs an analysis of utility costs,
which include salaries, maintenance and
operating expenses, capital project costs, and
reserve requirements. The capital project portion
is accumulated until sufficient funds are
available to complete the capital project.
UTILITIES
During contract negotiations with the City’s
waste hauler, the City secured an annual
contribution from the waste hauler for the repair
and maintenance of City alleys. The contribution
for FY 2023-24 is projected to be $587,480. These
funds are accumulated over several years to
provide sufficient funds to complete segments of
alleyways.
ALLEYWAYS
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Required Water
Purchases by Chino Acre Feet Cost
Groundwater
Chino Desalter Authority
Water Facilities Authority
Recycled Water
6,210
4,984
4,276
5,232
$ 1,463,727
$ 5,463,221
$ 4,618,969
$ 2,668,320
Totals 20,702 $ 14,214,237
CHINO WATER FACTS: FY 2023-24 BUDGET
The Water Fund begins FY 2023-24 with $77
million in Reserves. These Reserves are the result of
several events over the last few years. First, the City was successful in a ground water contamination
action resulting in a settlement of $35.4 million.
Additionally, the City sold excess water rights to
other water agencies for $13.7 million.
10% ($3.0 million) of total rate revenue to mitigate
against rate spikes from unforeseen changes to
expenses and revenues.
25% ($7.8 million) of operating expenses to provide
for working capital and unanticipated operating
expenses.
65% ($66.2 million) for completion of Capital
Improvement Projects to ensure clean, quality
drinking water for the community.
The City has programed $41.5 million of Water Capital Projects to be undertaken in FY 2023-24. These projects include water main line replacements, water treatment plant construction projects, and water reservoir projects. These projects will ensure that there is an adequate, reliable supply of clean drinking water for all of Chino.
Water Reserves for FY 2023-24
$77 MillionReserves
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CHINO PAVEMENT MANAGEMENT PROGRAM
The practical implementation of a pavement management program requires that a City have an accurate understanding of the assets under its management. To fulfill this requirement, the City of Chino conducted a comprehensive pavement condition assessment and pavement management analysis on the City’s roadway network.
The following is a summary of this analysis.
Annual Funding Shortfall — $7,013,000
The Pavement Management Report identified various
expenditure levels and the impacts on the overall
conditions of Chino roadways given the natural
deterioration that occurs due to time and usage. The
Report identifies that $9.76 million per year is
required to just maintain the Scorecard as it currently stands. Improving the streets (reducing the red bars
in the chart) will require $11.8 million per year to be spent on Chino roadways over the next 10 years.
REQUIRED SPENDING TARGETS
FY 2023-24 Funding— $4,787,000 Roadway Assessment Guide Chino Score Card
Rated Excellent
Rated Good
Rated Poor
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
FINANCE DEPARTMENT
COUNCIL MEETING DATE: JUNE 20, 2023
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: ANNUAL CONTRACT AMENDMENTS/RENEWALS AND BLANKET PURCHASE ORDERS.
RECOMMENDATION
Authorize the City Manager to enter into these annual contract amendments or renewals, issue blanket purchase orders, and execute all necessary documents on behalf of the City.
FISCAL IMPACT
Sufficient funds are included in the Proposed Fiscal Year 2 023-24 Operating Budget for these contracts and blanket purchase orders.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Financial Stability
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COUNCIL MEETING DATE: JUNE 20, 2023
SUBJECT: ANNUAL CONTRACT AMENDMENTS/RENEWALS AND BLANKET PURCHASE ORDERS
PAGE 2
BACKGROUND
This evening, the City Council will review and consider approval of the Fiscal Year 2023 -24 Annual Operating Budget for the City. Included in the budget is the appropriation of funds for the items contained in this report.
ISSUES/ANALYSIS
The City’s current Purchasing Ordinance requires that the City Council approv e any contract amendment/renewal or blanket purchase order exceeding $50,000. These items represent routine, annual contracts, or purchase orders for the provision of services necessary for City operations. All purchases through these listed contracts or blanket purchase orders shall adhere to the City’s Purchasing Ordinance, Chapter 3.32.060 of the Chino Municipal Code. The following is a consolidated list of vendors:
ANNUAL CONTRACTS RENEWAL
# VENDOR NAME DESCRIPTION AMOUNT
1 10-8 RETROFIT INC.
Provides Police vehicle-specific equipment
installation and maintenance services.
Public Works: $550,000
Police: $10,000 $560,000
2 ACCELA, INC. Provides land management software maintenance.
Administration $360,000
3 ADVANCED
TRANSPORTATION
CONCEPTS, INC.
Provides traffic engineering design and support
services.
Public Works $60,000
4 ALESHIRE & WYNDER
LLP
Provides legal counsel for the City.
Human Resources: $415,000
Development Services: $222,000
Public Works: $128,200
Administration: $65,000
Finance: $50,000
Police: $50,000
Community Services: $20,000 $950,200
5 ALL AMERICAN
ASPHALT
Provides slurry seal maintenance work.
Public Works $2,000,000
6 ALLISON
MECHANICAL
Provides HVAC services.
Community Services $120,000
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SUBJECT: ANNUAL CONTRACT AMENDMENTS/RENEWALS AND BLANKET PURCHASE ORDERS
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7 ALPHA PETROLEUM
Provides non-hazardous waste brine transportation
and disposal services.
Public Works $200,000
8 ATKINSON,
ANDELSON, LOYA,
RUUD & ROMO
Provides legal services.
Human Resources
$200,000
9 AXON ENTERPRISE,
INC.
Provides body camera equipment and repairs.
Police $300,000
10 BCS Provides general plan check services.
Development Services $400,000
11 BLAIS & ASSOCIATES Provides grant writing services.
Administration
$70,000
12 BUREAU VERITAS
Provides consulting services for ADA transition
plan.
Development Services
$469,000
13 CALGON CARBON
CORPORATION
Provides GAC replacement services.
Public Works
$390,000
14 CASC ENGINEERING
& CONSULTING, INC.
Provides for on-call stormwater compliance
inspection and support services.
Public Works
$60,000
15 CHINO VALLEY
UNIFIED SCHOOL
DISTRICT
Provides school crossing guard services.
Administration
$280,000
16 CITIZENS BUSINESS
BANK
Provides banking services.
Finance
$125,000
17 CIVICA LAW GROUP
APC
Provides legal consulting services for City code
enforcement.
Development Services: $625,000
Police: $265,000
Human Resources: $95,000
$985,000
18 CIVICPLUS Provides website support.
Administration $85,000
19 CLS LANDSCAPE
MANAGEMENT, INC.
Provides for landscape maintenance services for
medians and reservoir sites.
Public Works $100,000
20 COMMERCIAL
CLEANING SYSTEM
Provides janitorial services.
Community Services $460,700
21 CT&T CONCRETE Provides on-call concrete repair services.
Public Works $580,000
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22 DATA TICKET, INC.
Provides citation processing services for city-wide
parking and administrative citations.
Police: $70,000
Finance: $2,500
Development Services: $8,000 $80,500
23 DAVID TAUSSIG &
ASSOCIATES
Provides DIF & CFD Reconciliation Project
Management.
Development Services $295,000
24 DAVID TURCH &
ASSOCIATES
Provides Federal Advocacy Services.
Public Works: $50,000
Administration: $10,000 $60,000
25 DYETT & BHATIA Provides general plan update.
Development Services $1,158,750
26 EUROFINS EATON
ANALYTICAL
Provides drinking water analysis and consulting
services.
Public Works $ 80,000
27 GENERAL PUMP
Provides well/pump on-call maintenance/repair
services.
Public Works $111,300
28 Granicus Agenda Automation and Video Services
$60,000
29 GUARANTEED
JANITORIAL
Provides restroom routine cleaning at public parks.
Public Works: $223,048
Community Services: $15,000 $238,048
30 HANSON BRIDGETT Provides legal services.
Human Resources $60,000
31 HARDY & HARPER,
INC.
Provides for as-needed asphalt pavement
repair/replacement services.
Public Works $784,000
32 HAZELRIGG, A
TRISTAR COMPANY
Provides worker's compensation 3rd party
administration and general liability.
Human Resources $170,000
33 HDL COREN & CONE Provides property tax audit & information services.
Finance $363,766
34 HERITAGE DESIGN
BUILD & CONSULTING
Provides city-wide lighting system maintenance.
Public Works $740,000
35 HINDERLITER, DE
LLAMAS &
ASSOCIATES
Provides sales tax audit & information services.
Finance $60,000
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36 HUMANE SOCIETY OF
POMONA VALLEY
Provides animal control services.
Police $640,000
37 J & S STRIPING
COMPANY
Provides street striping and pavement marking
services.
Public Works $380,000
38 JIMMY L. GUTIERREZ
Provides water legal representation and other
services.
Public Works
$100,000
39 KIRTLEY
CONSTRUCTION
Provides for on-call water distribution repair
services.
Public Works
$60,000
40 LANDSCAPE WEST
MANAGEMENT
SERVICES, INC.
Provides city-wide public parks and facilities
landscape maintenance services.
Public Works
$916,233
41 MAJOR LEAGUE
INFIELDS, INC.
Provides ball field maintenance services.
Public Works
$100,000
42 MARK III
CONSULTANTS, INC.
Provides professional traffic engineering services.
Public Works
$60,000
43 MERCHANTS
LANDSCAPE
SERVICES, INC.
Provides landscape maintenance services for
medians and parkways.
Public Works
$818,000
44 MORTON SALT, INC.
Provides Bulk solar salt for water treatment
process.
Public Works
$500,000
45 MYERS & SON HIWAY
SAFETY
Provides roadway supplies and traffic equipment.
Public Works: $985,000
Community Services: $10,000
Police: $5,000
Development Services: $500 $1,000,500
46 NANCY K BOHL INC
Provides employee assistance services and
counseling services.
Police: $100,000
Human Resources: $97,000 $197,000
47 OAKRIDGE
Provides Magnolia Channel cleaning and
maintenance.
Public Works $80,000
48 PCS Energy
Provides energy to solar panels at Police
Department.
Community Services $150,000
49 PIPE TECH, INC. Provides for sewer main cleaning services.
Public Works $100,000
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50 RHA LANDSCAPE
ARCHITECTS
Provides design services.
Community Services $600,000
51 SOUTHERN
CALIFORNIA
LANDSCAPE, INC.
Provides re-sodding of sports field services for
parks.
Public Works $527,057
52 STEVE A. FILARSKY Provides legal services.
Human Resources $150,000
53 SUPERION, LLC
Provides CAD-RMS annual maintenance, training,
and system upgrades.
Police $200,000
54 TOSHIBA
Provides maintenance for City copiers and
purchase of replacement copiers.
Administration $210,000
55 UNIVAR USA Provides bulk hydrochloric acid.
Public Works $110,000
56 VERITAS HEALTH
SERVICES
Provides medical services for pre-bookings.
Police $55,000
57 W.A. RASIC
CONSTRUCTION
COMPANY, INC.
Provides on-call water distribution repair services.
Public Works $200,000
58 WASTE
MANAGEMENT
Provides refuse, recycling collection, and disposal
services.
Public Works: $2,195,710
Finance: $6,000,000 $8,195,710
59 WEST COAST
ARBORISTS, INC.
Provides city-wide tree trimming/maintenance
operations.
Public Works $1,000,000
60 YUNEX, LLC
Provides annual traffic signal maintenance and
repair services.
Public Works $1,600,000
ANNUAL BLANKET PURCHASE ORDERS
# VENDOR NAME DESCRIPTION AMOUNT
61 AON RISK
INSURANCE SERVICE
WEST, INC.
Provides insurance broker services.
Human Resources $2,000,000
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62 AUTOMOTIVE
TRAINING
INSTRUCTOR
Provides vehicle repairs for City's fleet.
Public Works $75,000
63 CDW GOVERNMENT,
INC.
Provides computer hardware, software
maintenance and upgrades.
Administration $400,000
64 CDI
Provides computer hardware, software
maintenance and upgrades.
Administration $ 200,000
65 CHINO BASIN
DESALTER
AUTHORITY
Provides CDA water purchase.
Public Works $5,465,000
66 CHINO BASIN
WATERMASTER
Provides assessment appropriative pool.
Public Works $1,000,000
67 CHINO HILLS FORD
Provides parts and supplies for City's fleet
inventory and sublet repair services for City's
Ford vehicles.
Public Works: $72,000
Finance: $500 $72,500
68 CHINO VALLEY
UNIFIED SCHOOL
DISTRICT
Provides custodial and other services.
Community Services $91,000
69 CONVERGEONE, INC.
Provides computer software maintenance and
upgrades.
Administration $400,000
70 CRAFCO/ABSOLUTE
ASPHALT
Provides asphalt materials, equipment, parts,
and repairs.
Public Works $53,000
71 CT WEST
Provides traffic signal parts & central system
software.
Public Works $100,000
72 DDL TRAFFIC, INC. Provides traffic signal pedestals.
Public Works $65,000
73 DELL MARKETING LP
Provides computer equipment and accessories.
Administration: $650,000
Police: $10,000 $660,000
74 DOOLEY
ENTERPRISES, INC.
Provides ammunition.
Police $60,000
75 ECONOLITE
Provides traffic signal cabinets, parts, and labor
(proprietary cabinets).
Public Works $500,000
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76 E-PLAN SOFT Provides electronic plan check services.
Administration $100,000
77 FLOCK GROUP, INC.
Provides the lease of automated license plate
cameras and repairs.
Police $250,000
78 G & S SYNDICATE
Provides law enforcement equipment and
supplies.
Police $60,000
79 GALLS LLC
Provides law enforcement and code enforcement
personnel uniforms.
Police: $100,000
Development Services: $6,000
$106,000
80 GENUINE PARTS
COMPANY
Provides parts and supplies for City's fleet
inventory and for City's fleet repairs for Public
Works.
Finance: $11,000
Public Works: $55,000 $66,000
81 GOLDEN STATE
NEWSPAPER
(CHAMPION
NEWSPAPERS)
Provides legal publications for bids, public
hearings, and event ads.
Public Works: $42,500
Administration: $20,000
Community Services: $19,000
Development Services: $39,750
Finance: $20,000
Police: $5,000 $146,250
82 GOVCONNECTION
Provides computer hardware, software and
upgrades.
Administration $300,000
83 GPS ANYPLACE Provides GPS system of City fleet.
Public Works $65,000
84 GRAYBAR ELECTRIC
CO., INC.
Provides traffic signal/communication equipment
fiber optic cable and pipe.
Public Works $100,000
85 HAAKER
Provides parts and supplies for City's fleet.
Public Works: $65,000
Police: $5,000 $70,000
86 HOLIDAY ROCK
Provides asphalt, concrete materials for City
street and water projects.
Public Works $57,000
87 INLAND EMPIRE
UTILITIES AGENCY
Provides sewage treatment services, recycled
water, and other services.
Public Works $13,373,985
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88 INSIGHT
ENTERPRISES
Provide apple products, computers, software,
and accessories.
Administration $300,000
89 ITERIS, INC.
Provides traffic signal video detection parts and
equipment.
Public Works $80,000
90 JAM SERVICES, INC. Provides traffic signal LED modules.
Public Works $70,000
91 JTB SUPPLY CO, INC.
Provides traffic signal cabinet parts and
equipment.
Public Works $100,000
92 LEVEL 3 FINANCING
DBA CENTURY LINK
Provides telephone and internet services.
Administration $90,000
93 M.K. SMITH
CHEVROLET
Provides parts and repair services for City's fleet
vehicles and sublet maintenance repairs.
Police: $5,000
Finance: $1,000
Public Works: $66,500 $72,500
94 MCCAIN TRAFFIC
SUPPLY
Provides traffic signal parts and central system
software.
Public Works $100,000
95 MISSION LINEN &
UNIFORM
Provides uniforms, linen, gloves, etc.
Police: $20,000
Public Works: $47,750
Finance: $15,000 $ 82,750
96 MOTOROLA
COMMUNICATIONS
CENTER
Provides 800 MHz handheld and vehicle radios.
Public Works $650,000
97 NEXTECH SYSTEMS,
INC.
Provides proprietary parts and supplies for
lighted crosswalks and safety lights.
Public Works $250,000
98 OFFICE DEPOT
Provides general office supplies.
Human Resources: $15,000
Administration: $80,000
Police: $20,000
Community Services: $20,000
Public Works: $18,000
Development Services: $12,000
Finance: $12,000 $177,000
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99 PARKHOUSE TIRES
Provides tire inventory and tire services for City
fleet.
Public Works: $85,000
Finance: $40,000 $125,000
100 PARTS AUTHORITY
Provides parts and supplies for City's fleet
inventory and for City's fleet vehicle repairs.
Public Works: $40,000
Finance: $25,000 $65,000
101 PROFORCE
MARKETING, INC.
Provides law enforcement equipment and
supplies.
Police $200,000
102 SAN BERNARDINO
COUNTY
Provides NPDES Permit, traffic signal
maintenance, 800MHz system access and
maintenance, access to CLETS system,
document recordings, CAL-ID, and SB County
Fire Hazard.
Public Works: $535,000
Police: $200,000
Development Services: $500 $735,500
103 SAN DIEGO POLICE
EQUIPMENT
Provides ammunition for the Police Dept.
Police $60,000
104 SC FUELS Provides fuel for City fleet vehicles.
Public Works $1,075,000
105 SHI INTERNATIONAL
CORP
Provides computer hardware, software, and
upgrades.
Administration $300,000
106 SIDEPATH
Provides computer software, hardware, data
storage and support.
Administration $1,500,000
107 SMITH PIPE
Provides pipe supplies and associated pipe
supplies.
Public Works
$50,500
108 SOFTWAREONE
Provides software maintenance and upgrades for
IT.
Administration
$300,000
109
STATE WATER
RESOURCES
CONTROL BOARD
Provides for permit fees for water facilities, City
shared fees and expenses.
Public Works
$150,000
110 THIRKETTLE Provide water meters and annual software fees.
Finance
$550,000
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111 TRL SYSTEMS
Provides computer hardware, software, and
upgrades.
Administration
$300,000
112 TYLER
TECHNOLOGIES
Provides custom programming, software
licenses, training, and maintenance for the Munis
Financial System.
Administration: $300,000
Finance: $10,000 $310,000
113 VERIZON
Provides network services for cellular phones,
laptops, and other wireless services.
Administration: $250,000
Community Services: $11,000 $261,000
114 WATER FACILITIES
AUTHORITY
Provides imported water.
Public Works $5,100,000
115 WAXIE ENTERPRISES
Provides custodial supplies.
Community Services: $90,000
Finance: $40,000 $130,000
116 WESTERN AUDIO
VISUAL
Provides equipment and repair services for audio
and visual equipment.
Administration: $360,000
Public Works: $25,000
Community Services: $12,500
Police: $10,000 $407,500
117 WESTERN PACIFIC
SIGNAL, LLC
Provides proprietary traffic signal parts, cameras,
and other traffic items.
Public Works $400,000
118 WESTERN SYSTEMS,
INC.
Provides traffic signal battery backup services.
Public Works $100,000
119 WESTERN WATER
WORKS
Provides water distribution parts inventory and
repairs.
Public Works: $53,000
Finance: $25,000 $ 78,000
RB/JS:hm
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Revenue: Expenditure: 1007010-43570
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: JUNE 20, 2023
TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, INTERIM DIRECTOR OF DEVELOPMENT SERVICES
SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENT S FOR THE
DEVELOPMENT SERVICES DEPARTMENT - GENERAL PLAN CHECK
SERVICES.
RECOMMENDATION
1) Award Professional Service Agreements to: Engineering Resources of Southern California, Inc., Redlands, CA., for $250,000; Cannon Corporation, Irvine, CA., for $12 5,000 and Bureau Veritas North America, Pasadena, CA., for $250,000, to provide general plan checking and other related engineering services for an amount not to exceed $625,000; 2) authorize the City Manager to execute the necessary documents on behalf of the City, and to approve up to two (2), one-year contract extensions.
FISCAL IMPACT
There are sufficient funds budgeted in the proposed FY2023 -24 Operating Budget. Award of this agreement is contingent upon the budget adoption scheduled for June 20, 2023.
Costs associated with this agreement are offset by revenue collected for plan check fees paid by applicants.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above furthers the City’s values and strategic issues th at serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
· Responsible Long-Range Planning
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SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENTS FOR THE DEVELOPMENT
SERVICES DEPARTMENT - GENERAL PLAN CHECK SERVICES
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BACKGROUND
On June 16, 2020, the City Council approved professional services agreements with Engineering Resources of Southern California, Inc. (ERSC) and the Cannon Corporation for general plan check services effective July 1, 2020. The term of the agreements was one -year with the option of two additional one-year extensions for a maximum term of three years.
The Ci ty exercised extensions through Council approved actions throughout the contractual terms with a current expiration date of June 30, 2023. As a result of the end of the terms, staff prepared a Request for Proposals (RFP) to obtain a firm(s) to continue plan check services.
On April 20, 2023, staff solicited proposals through Planet Bids for general engineering plan check services. The City received nine proposals; Bureau Veritas North America, Cannon, CAV Consulting, ERSC, FEI, HC&E, IMEG, TKE, and Transtech.
The proposals were evaluated and ranked by a selection committee. Consistent with the State of California Government Code Section 4526 and the City’s Purchasing Ordinance, Chapter
3.32, all proposals were evaluated based on competence and professional q ualifications. The following is the selection committee’s ranking of the submitted proposals:
Firm Rank
ERSC 1
Cannon 2
Bureau Veritas North America 3
IMEG 4
CAV Consulting 5
FEI 6
HC&E 7
TKE 7
Transtech 7
ERSC, Cannon, and Bureau Veritas North America were deemed as the most responsive and responsible bidders.
ISSUES/ANALYSIS
ERSC and Cannon have extensive knowledge of the City’s development activity for ongoing projects as the current plan check consultants. The two firms also provide plan chec k services at hourly rates comparable to those of other consultants who submitted a proposal in response to the RFP. Therefore, to maintain continuity through timely delivery of service promoting responsible long -range planning, staff supports the continue d relationship with ERSC and Cannon. In addition, staff recommends a third firm; Bureau Veritas North America, which provides excellent service to other local jurisdictions with similar development activity. This new firm will aid in providing efficient and timely plan check services for new projects as well as bring their experience with electronic plan check programs to the City to ensure a smooth transition.
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SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENTS FOR THE DEVELOPMENT
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PAGE 3
As a result of this analysis, staff recommends that City Council approves the award of contracts to ERSC for $250,000; Cannon for $125,000; and Bureau Veritas North America for $250,000 with a total amount not to exceed $625,000 for general engineering plan check services. The contract terms will be twelve months with the option to renew for two (2) a dditional one-year periods. The costs associated with this agreement will be offset through revenue collected from applicants for plan check fees.
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Contr act No.: ______________
Approved: ______________
01225.0001/863604.2 (Long Form)
AGREEMENT FOR SERVICES
BETWEEN THE CITY OF CHINO AND
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA
(General Plan Check Services & Other Related Engineering Services) THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 1 st day of July 2023 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“ City”) and Engineering Resources of Southern California (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Inv itation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant , following submission of a proposal or bid for the performance of the services defined and described particularly in Ar ticle 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Chino’s Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for per formance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mu tual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and condit ions of this Agreement, the Consultant shall provide those services specified in the “ Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be r eferred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, a nd professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall
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follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phr ase “highest professional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Services shall include the scope of work i ncluded in Consultant’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with , all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having j urisdiction in effect at the time service is rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California L abor Code S ection 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other appli cable laws, as they pertain to such work, including the following requirements:
(a) DIR Monitoring and Enforcement. The public work and/or maintenance work performed under this Agreement shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations ( “DIR”). Consultant shall post job site notices, as prescribed by regulation.
(b) P revailing Wages . Consultant shall p ay prevailing wages to the exte nt required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copi es of the prevailing rate of per diem wages are on file at City Hall a nd will be made available to any interested party on request. By initiating any work under this Agree ment, Consultant acknowledges receipt of a copy of the DIR determination of the prev ailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) P enalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Co de Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the pe nalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined
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by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records . Co nsultant shall comp ly with and be bound by the provisions of Labor Code Section 1776, which require s Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Sectio n 1776; ce rtify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) A pprentices . Consultant shall comply with an d be bound by the provisions of Labor Code Sections 1777.5, 1777.6, a nd 1777.7 and California Co de of Regulations T itle 8, S ection 200 et seq. concerning the empl oyment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenti ceable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any a pplicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) E
ight- Hour Work Day. Consultant acknowledges th at eight (8) hours labor constitutes a legal day's work. Co nsultant shall comply with and be bound by Labor Code Section 1810.
(g) P enalties for Excess Hours . Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forf eit twenty-five dollars ($25) for each worker employed in the perf ormance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of t he provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consulta nt in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Work ers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer wil l be required to secure the payment of compensation to its employees if it has employees. By ex ecuting this Agreement, and in accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code w hich require every employer to be insured against l iability for workers' compensation or to undertake self-insurance 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.”
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(i) Consultant ’s Responsibility for Subcontractors. For every subcontractor who will perform work under th is Agr eement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapte r 1 (comme ncing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontr actor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll re cords of th e subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain a t its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may b e imposed by law and arise from or are necessary for the Consultant’ s p erformance of the services required by this Agreement, an d shal l indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
By executing this Agre ement, Consul tant warrants that Consultant (i) has thoroughly investigated and considered the sco pe of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties an d restrictions attending performance of the services under this Agreement. If the services i nvolve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to c ommencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consult ant’s risk until written instructions are received from the Project Manager.
1.7 Software and Computer Services.
If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer t echnology, Consultant repr esents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant unde r this Agreement is compat ible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.
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1.8 Care of Work.
The Consultant shall adopt reasonable met hods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components the reof t o prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.9 Further Responsibilities of Parties.
Both par ties agre e to use reasonable care and diligence to perform their respective obligations under this Agreement. B oth parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessar y to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.10 Additional Services.
City shall have the right, subje ct to state law and the City’s Municipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a wr itten order is first given by the Project Manager to the Consultant , incorporating the rein any adjustment in (i) the Contract Sum for the actual costs of the extra work , and/or (ii) the time to perform this Agreement, which said adjustments are subject to the wr itten approval of the Consultant. Any increase in compensation for extra work sh all require the approval of City Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the i ncrease does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Sect ion shall not apply to services specifically set forth in the Scope of Servi ces. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compens ation therefor. City may in its sole and absolute discretion ha ve sim ilar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreemen t, if any, which are made a part hereof are set forth in the “ Special Requ irements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “ Schedule of Compe nsation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Two Hundred Fifty Thousand Dollars ($ 250,000) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
2.2 M ethod of Compensation.
The metho d of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’ s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks , (b) contract retention is main tained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compe nsation. The Contract Sum shall include the attendance o f Consultant at all project meetings reasonably deemed necessary by the City .
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required t o attend additional meetings to facilita te such coordina tion, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form a pproved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement . Consultant shall not invoice City for any duplicate services performed by more than one person.
All invoices shall be submitted by email to [email protected] . Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) L ine items for all materials and equipment properly charged to the Services.
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(c) Line items for all oth er approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agre ement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certifie d Payroll and proof that Certified Payroll has been subm itted to the DIR.
Consultant shall also submit a list of the prevailing wa ge rat es for all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first invoice. If these rates change at any time during the t erm of the Agreement, Consultant shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use i ts best efforts t o cause Consultant to be paid within forty- five (45) days of receipt of Con sultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur with in thi s t ime period . In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitu te a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
2.6 Contingency of Funds.
Consultant acknowledges that funding or portions of funding for this Agreem ent may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the ser vices hereunder in the budget approved by Chino City Council for each fisc al year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
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3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consul tant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.
3.3 F orce Majeure.
The time period(s) specified in the Schedule of P erformance for performance of the services rendered purs uant t o this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant , including, but not restricted to, acts of God or of the public enemy, unusually severe weat her, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, str ikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City , if the Consultant shall within ten (10) days of the comm encement of such delay n otify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Pr oject Manager such delay is justified. The Project Manager ’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performan ce of this Agreement, however caused, Consultant’ s sole remedy being exten sion of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in ful l force and effect until c ompletion of the services, which shall be no later than June 30, 2024, except as otherwise provided i n the Schedule of Performance ( Exhibit “D”).
This Agreement may be renewed by a written amendment for up to an additional two (2) year(s) at the o ption of the City if the City is satisfied with the quality of service s per formed by Consultant under this Agreement.
ARTICLE 4. CO ORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“ Principals”) are hereby designated as being the principals and representatives of Consultant authoriz ed to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
John M. Brudin President
(Name) (Title)
(Name) (Title)
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It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Ag reement.
Therefore, the foregoing principals shall be r esponsible during the term of this Agreement for directing all activities of Consultant and devoting suff icient time to personally supervise the services hereunder. All personnel of Consultant , and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreem ent, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval o f City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’ s staff and subcontractors, if any, assigned to perform the s ervices required under this Agreement.
Consultant shall notify City of a ny changes in Consultant’s sta ff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shal l not at any time or in any ma nner represent that Consultant or any of Consultant’ s officers, employees, or agents are in any m anner officials, officers, employees or agents of City. N either Consultant, nor any of Consultant’ s officers, employees or agents, shall obtain any rights to r etirement, health care or any other benefits which may otherwise accrue to City ’s employees. Consultant expressly waives any cla im Consultant may have to any such rights.
4.3 Project Manager.
The Project Manager shall be the Director of Development Services or any other person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shal l refer any decisions which must be made by City to the Project Man ager.
Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Pro ject Manager . The Project Manager shall have authority, if specified in writing by the City Manager , to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant , its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all time s as to City a wholly independent contractor with only such obliga tions as are consistent with that ro le. Consultant
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shall not at any time o r in any manner represent that it or any of its agent s or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowled ge, capability and reputation of Consultant , its principals and employees were a substantial inducement for the City to enter into this Agree ment. Therefore, Consultant shall not contract with a ny other entity to perform in whole or in part the services required hereunder without the express written approval of the City . In ad dition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City . Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than tw enty five percent (25%) of the present ownership and/or control of Consultant , taking all transfers into account on a cumulative basis . In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant sha ll obtain, provide and maintain at its own expense during the term of t his Agreement, policies of insu rance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant s hall maintain commercial g eneral liability insurance with coverage at least as broad as Insu rance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy m ust include contractual liability that has not been amended. Any e ndorsement restricting standard ISO “insured contract” language will not be accepted.
(b) A utomobile liability insurance . Consul tant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and prope rty damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) P rofessional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performe d in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effect ive date of this
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Agreement and Consultant agrees to maintain c ontinuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ co mpensation insurance. Consultant shall maintain Worke rs’ Compensation Insurance (Statutory Limits) and Employer’s L iability Insurance (with limits of at least $1,000,000).
(e) S ubcontra ctors. Consultant shall include all subcontractors as insureds under it s policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverage s for subcontractors shall include all of the requirements stated herein.
(f) A dditional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 G eneral Insurance Requirements .
(a) Proof of insurance. Consu ltant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogati on endorsement for workers’ compensation. Insurance c ertificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certificat ion of insurance shall be kept on fi le with City at all times during the term of this Agreement . City reserves the right to require complete, certified copies of al l required insurance polic ies, at any time.
(b) D uration of coverage. Consultant shall proc ure and maintain for the duration of this Agreement insurance against claims fo r injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) P rim ary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herei n may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefi t of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) C ity ’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or i s 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 Ci ty will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) A cceptable in surers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance C ommissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an
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assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the l atest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance cove rage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, it s elected or appointed officers, agents, officials, employees and volunt eers or shall specifically all ow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereb y waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) E nforcement of contract provisions ( non-estoppel). Consultant acknowledges and agrees that an y act ual or alleged failure on the part of the City to inform Consultant of non- compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) R equirements not limiting . Requirements of specific co verage features or limits contained in this section are not intend ed as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specifi c reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) N otice of cancel lation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of c overage for each required coverage.
(j) A dditional insured status . General liability policie s sha ll provide or be endorsed to pr ovide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) P rohibit ion of undisclosed coverage limitati ons. None of the coverages required herein w ill be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) S eparatio n of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom clai m is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
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(m) Pass through clause. Consultant agrees to ensure that its subconsultants , subcontractors, and any other party involved with the project who is brought onto or involved i n the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agr ees to monitor and review all s uch coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of t his section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) A gency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) S elf -insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) T imely notice of claims . Consultant sha ll give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) A
dditional i nsurance. Consultant shall also procure and maintain, at its own cost a nd expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 I ndemnificatio n.
To the full extent perm itted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employe es and agents ( “Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property , losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, fi rm or entity arising out of or in connection with the negligent pe rformance of the work, operations or activities provided herein of Consultant, it s officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors ”), or arising from Consultant’ s or indemnitors’ reckless or willful misconduct, or arising from Consultant’ s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any actio n or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal cost s and attorneys’ fees incurred in connection therewith;
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(b) Consultant will promptly pay any judgment rendered against the City, it s officers, agents or employees for any such claims or liabilities arising o ut of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and h old the City, its officers, agents, and employees harmless therefrom;
(c) In the even t the City , its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or i n connection with the negligent performance of or failure to perform the wo rk, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the Ci ty, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys ’ fees.
Consultant shall incorporate similar indemnity agreements w ith its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to cl aims or liabilities occurr ing as a result of City ’s sole negligence or willful acts or omiss ions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City ’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligenc e, recklessness or willful misconduct of the design professional . The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “ books and recor ds”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and t he City shall have access to such records in the event any aud it is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. N otwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
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6.2 Reports.
Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatl y concerned about the cost of work and services to be performe d pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decre ase the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and , if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant , its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reus e, or assignment of the documents and materials hereunder. Any use, reuse or assignment of s uch c ompleted documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole r isk and without liability to Consultant , and Consultant’ s guarantee and warranties shall not extend to such use, re use or assign ment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodi ed therein.
All subcontractors shall provide for assignment to City of any documents or mate rials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages res ulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “ works made for hire ” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose an y such information or work product to persons or entities other than City without prior writ ten authorization from the Project Manager.
(b) Consultant , its officers, employees, agents or subcontractors, shall not, without prior w ritten authorization from the Project Manager or unl ess reques ted by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performe d under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
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(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agre ement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant , its officers, employees, agents or subcontract ors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proce eding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement s hall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State o f California. Legal actions concerning any dispute , claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covena nts and agrees to submit to the personal jurisdiction of such court in the event of such act ion. In the event of litigation in a U.S. District Court, venue shall lie exclusively i n the Central District of California, in the County of San Bernardino, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensa ting Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in w hich Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreemen t under this Article. Any failure on the part of the City to give notice of t he Consultant’s default sh all not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
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dispute hereunder or which are necessary to compensate City for any losses, costs, l iabilities, or damages suffered by City , and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’ s acts or omissions in performing or failing to perform Consultant’ s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obli gations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or s ervices by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies ex pressly declared to be exclusive in this Agreement, the rights and remedies of the parti es are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of a ny other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agr eement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determin ation of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shal l be liable for and sh all pay to the City the sum of Zero Doll ars ($0) as li quidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Consultant any accrued liquidated damages.
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7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consu ltant, except that where termination is due to the fault of the Consultant , the period of notice may be such shorter time as may be determin ed by the Proj ect Manager . I n addition, the Consultant reserves the right to ter minate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City , the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager . Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager , ex cept as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Consultant.
If termination is due to the failure of the Consultant t o fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completio n of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reas onable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to a ny action or proceeding in any way conne cted with this Agreement, the prev ailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitle d to reasonable attorney ’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party e ntitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discover y and all other necessary costs the court allows whic h are incurred in such litig ation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
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ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be persona lly liable to the Consultant , or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manne r with the interests of City or which would in any way hinder Cons ultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be emplo yed by it as a n officer, employee, agent or subcontractor without the express wr itten consent of the Project Manager . Consultant agrees to at all times avoid conflicts of interest or the appearance of an y conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision r elating to the Agreement which a ffects her/ his financial interest or the financial interest of any corpora tion, partnership or association in which (s)he is, d irectly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through the m, that there shall be no di scrimination against or segregatio n of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative act ion to insure tha t applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, ma rital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein . Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for su ch use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such
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liabilities or sanctions imposed, together with any and all costs, including attorneys ’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or commu nication eithe r party desires or is required to give to the other party or any other person shall be in writing and either served personal ly or sent by prepaid, first -class mail, in the case of the City, to the City Manager and to the attention of the P roject Manager (with her/his name and City title), Ci ty of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consul tant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by not ifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally deliv ered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreemen t including the attachments heret o is the entir e, co mplete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting th is Agreement and this Agre ement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid u nless made in writing and approved by the Consultant and by the Ci ty Council. The parties agree that t his requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sente nces, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceabili ty shall not affe ct any of the remaining phra ses, sentences, clauses, paragrap hs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
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of the parties hereu nder unless the invalid provision is so material that its inva lidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of C ity participate in any decision relating to this A greement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association i n which (s)he is directly or indirectly inter ested, or in violation of any corporation, partnership, or association in which (s) he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that i t has not paid or given, and will not pay or give, to any third party including, but not limited to, any City offi cial, officer, or employee, any money, considerati on, or other thing of value as a result or consequence of obtaining or being awarded any agr eement.
Consultant further warrants and represents that (s)he/ it has not engaged in any act(s), omission(s), or ot her conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of conseq uence of obtaining or being award ed any agreement. C onsultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, ( ii) they are duly authoriz ed to execute and d eliver this Agreement on behalf o f said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Ag reement on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:
Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Warren Morelion, AICP
Interim Director of Development Services
CONSULTANT:
ENGINEERING RESOURCES OF
SOUTHERN CALIFORNIA
By:
Name: John M. Brudin
Title: President
By:
Name: Moe Ahmadi
Title: Vice President
Address: 1861 West Redlands Boulevard
Redlands, CA 92373
Two corporate officer sig natures required when Consul tant is a corporation, with one si gnature requ ired from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
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EX HIBIT “A”
SCOPE
OF SERVICES
I. C onsultant will perform the Services described in Consultant’s Proposal, attached hereto as Exhibit A-1 (the entirety of which is on file with the Development Servi ces Department).
II. All wor k pr oduct is subj ect to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
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TECHNICAL PROPOSAL
General Plan Checking Services
Submitted: April 20, 2023
EXHIBIT A-1 12.12.a
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REQUEST FOR PROPOSAL
MUST BE SUBMITTED ONLINE BY:
CI
TY OF CHINO
13220 CENTRAL AVENUE
CHINO, CA 91710
D
ate: March 30, 2023
April 20, 2023 at 3:00 p.m. PT
Date/Time
2023-8001-DS
RFP Number
COVER PAGE
The City Council of the City of Chino, hereinafter referred to as “City” is seeking proposals from qualified firms, hereinafter referred to as “Proposers” to establish a contract for:
GENERAL PLAN CHECK SERVICES
&
OTHER RELATED ENGINEERING SERVICES
Work provided shall be in accordance with the Scope of Services requirements attached hereto and incorporated herein by this reference as Section III.
All proposals must be submitted online via PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=26384.
C
ity will reject proposals submitted other than through PlanetBids.
E
lectronic Proposals are due on or before the date and time specified above.
Proposers are not to contact any City personnel with any questions or clarifications concerning this RFP. All official communication concerning this RFP will be through PlanetBids. Any City response relevant to this RFP other than through PlanetBids is unauthorized and will be considered invalid.
PROPOSALS WILL BE VALID FOR 120 DAYS AFTER CLOSING DATE
LATE PROPOSALS WILL NOT BE ACCEPTED
John M. Brudin, PE, President
April 20, 2023
Date
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T able of Contents
Cover Letter ..............................................................................................................1 Qualifications, Relevant Experience & References ...................................................3 Proposed Team .........................................................................................................9 Work Plan ............................................................................................................... 26 Appendix - Required Forms ....................................................................................35
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Local Office:
1861 W. Redlands Blvd.
Redlands, CA 92373
(909) 890-1255, [email protected]
Evaluation Period Contact:
John M. Brudin, PE
President
(909) 890-1255 x103
[email protected]
1861 W . Redlands Blvd. | Redlands, CA 92373
(909) 890-1255 | [email protected] | www.erscinc.com
Y ears of Service
Celebrating
Engineering Resources of Southern California, Inc.
Since 1996
April 20, 2023
City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: Jesus Plasencia, Assistant City Engineer
RE: Technical Proposal - General Plan Checking Services & Other Related Engineering Services Dear Mr. Plasencia,
Engineering Resources of Southern California (ERSC) is pleased to have the opportunity to submit our proposal to the City of Chino (City) as a qualified, experienced consultant to provide General Plan Check Services & Other Related Engineering Services (Project).
Based on our review of the RFP and years of experience providing plan check services to the City and local agencies, we thoroughly understand the City’s requirements and unique development setting.
Understanding
As Chino prepares to continue its growth as an exemplary community with deep roots in the region’s history, City staff are assembling a qualified team to assist in managing that growth, including seeking the assistance of consulting plan check engineers.
Our team members bring in-depth knowledge of the policies and procedures unique to Chino. We have crafted our proposal to highlight our expertise and knowledge of local procedures and the challenges in delivering outstanding service to Chino’s staff, citizens, and stakeholders.
Chino’s Engineering Resource
ERSC was founded in 1996 to provide engineering services to the public sector. The firm has delivered Plan Checking, Civil Engineering Design, Surveying, and Construction Management/Inspection Services to numerous Cities throughout Southern California for 27 years, including the City of Chino. Being local to the Inland Empire, ERSC maintains working relationships and valuable experience in differing design criteria and various departments of the region’s diverse public agencies.
Our proposed team has served Chino for multiple contract periods and built lasting relationships with the staff, local stakeholders, and the construction professionals poised to shape the City’s future. ERSC’s goal is to maintain the continuity of our knowledge of Chino’s current projects, processes, and standards to avoid interruption of service to fast-paced efforts.
Key Personnel
Matt Brudin, PE, will continue to act as ERSC’s Principal in Charge, guiding our team with his 35 years of experience in municipal engineering, development processes, and construction management services. Joanna Rembis, PE, will support Matt as Project Manager and direct the day-to-day tasks necessary to deliver plan check assignments. Our key personnel have access to ERSC’s 35 engineering and construction professionals located just minutes away in our Redlands office.
Outstanding Experience and Capabilities
ERSC’s record of outstanding service spans decades. Our team’s commitment to solidifying its reputation as a singular reliable source for municipal services never wavers. Public agencies know they can rely on ERSC, and as a result, we provide similar on-call services to multiple Cities and public agencies, including the City of Chino. ERSC currently serves:
• City of Lake Elsinore - On-Call Plan Check Services
• City of Banning - Plan Check and Inspection Services
• City of Palm Springs – On-Call Civil Engineering Plan Check Services • City of Beaumont - On-Call Plan Check, Inspection, and Engineering Design Services • City of Rialto – On-Call Plan Checking Services
• EMWD - On-Call Land Surveyor and Document Review Services Our capabilities fit well with the goals of the City. In addition to our vast experience, our team stands out by being:
• Integrated - ERSC’s team is integrated with your processes and procedures to act as a seamless extension of City staff. Many of ERSC’s project team has served the City and its stakeholders for over seven years. The City benefits from the continuity of knowledge in utilizing ERSC’s services.
• Experienced - ERSC brings familiarity with municipal plan checking services and the unique requirements pertaining to the City of Chino and its various infrastructure, systems, staff, environment, governing bodies, stakeholders, and processes. • Advanced - ERSC is experienced in electronic review, transmittal, and receipt of plan check project documents. • Nearby - As a vendor local to San Bernardino County, ERSC’s corporate office is in the nearby City of Redlands. 1 12.12.a
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1861 W . Redlands Blvd. | Redlands, CA 92373
(909) 890-1255 | [email protected] | www.erscinc.com
Y ears of Service
Celebrating
Engineering Resources of Southern California, Inc.
Since 1996
On behalf of our entire project team, I would like to thank Chino staff for the opportunity to submit our proposal to continue serving your City. Our team members will remain available throughout the evaluation period to answer any questions. The individuals signing this document are authorized to bind ERSC in an agreement with the City of Chino.
We take no exceptions to the terms of the RFP and Professional Services Agreement. This proposal and price presented herein are valid for a period of 120 days from the date of submittal, and all information submitted herein is true and correct.
If you have any questions regarding our proposal, please contact me at 909-890-1255 x103, or by email at [email protected].
Respectfully submitted,
John M. Brudin, PE
President
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Qualifications, Relevant Experience & References
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Qualifications, Relevant Experience & References
Y ears of Service
Celebrating
Engineering Resources of Southern California, Inc.
Since 1996
Executive Summary
Engineering Resources of Southern California, Inc. (ERSC) was formed in 1996 with the asset purchase of NBS/Lowry, Inc. Since formation, ERSC has been committed to serving Special Districts, Regional Agencies, and Municipalities in Southern California’s public sector. Our team provides a comprehensive set of professional services and solutions for the life of any potential project.
ERSC in the City of Chino
As a vendor to the City of Chino, ERSC has been a part of facilitating the enormous growth the City has experienced in the past 7 years.
We have been able to learn the special staff, procedural, and environmental requirements of the City that only comes with long term experience working with an agency. The ERSC team is confident in our ability to seamlessly transition to a new contract in the City with outstanding service and continue to build a relationship that will continue for many years to come.
ERSC Professionals
The strength behind ERSC is our qualified and experienced engineers, designers, construction observation personnel, and administrative support staff. We excel at matching the exceptional skills, technical abilities, character, and attitude of our team members to the needs of our clients. ERSC staff works daily to create client partnerships and transform projects from the broadest level of general scope to final planning, design, implementation, and construction resolution.
Construction
Management &
Inspection
Survey & Mapping
Environmental
Services
Civil Site Design
T ransportation/
T raffic Engineering
Independent Plan
Review
Water/Wastewater
Engineering
Water Quality/NPDES
Flood Control &
Drainage Engineering
Professional &
General Liability
$1.0m Per Occurrence;
$2.0m Aggregate
Automobile $1.0m Combined Single Limit
Worker’s Comp Maintained as Required by Law
ERSC Insurance Coverage Levels Vital Information
CA Corporation
27 Y ears in Business
37 Employees
FEIN: 33-0718153
CA DIR: 1000017460
Project ContactEvaluation Period Contact
Joanna Rembis, PE
Project Manager
1861 W. Redlands Blvd.
Redlands, CA 92373
Phone: (909) 890-1255
Fax: (909) 890-0995
[email protected]
Matt Brudin, PE
Principal in Charge
1861 W. Redlands Blvd.
Redlands, CA 92373
Phone: (909) 890-1255
Fax: (909) 890-0995
[email protected]
Corporate Officers
John M. Brudin, PE - President
Moe Ahmadi, PE - Vice President
T rent Brudin, PE - Secretary
Craig Brudin - T reasurer
Our Locations
Redlands
(Corporate Office)
1861 W. Redlands Blvd.
Redlands, CA 92373
R
T
P
T emecula
41593 Winchester Rd., Suite 200
T emecula, CA 92590
Palm Desert
77-564 Country Club Dr.
Palm Desert, CA 92211
Many ERSC professionals have experience as municipal and public agency employees and can approach your project with first-hand knowledge of agency culture and how any agency envisions the planning and processing of a well-executed project.
ERSC Reliability
Our 27-year service record is a testimony to the quality of services we provide. Many of our clients continue to seek our services, and have done so since our first year of business. ERSC has also developed significant financial resources and organizational efficiencies that allow us to consistently exceed client expectations.
Plan Checking Capabilities
ERSC has provided plan checking and special study review since 1996. ERSC’s plan checking clients include the City of Chino, as well as municipalities, government agencies, and special districts throughout the region. These clients benefit from the expertise of our team as we have processed plan checks for tens of thousands of projects throughout our different clients in the region. With this kind of experience, we have reviewed concepts and designs throughout many different guidelines, conditions, and parameters. The ERSC team is confident in our ability to serve the City with outstanding service and form a relationship that will continue for many years to come.
Litigation
ERSC has not filed any claims or had any claims filed against the firm in the last 5 years and is not involved in any pending litigation that may affect its ability to provide its proposed solution or ongoing support of its services.
Safety
ERSC maintains a clear business safety record and will comply with all existing Federal, State, and CAL OSHA laws and requirements.
Financial Condition
ERSC maintains a healthy financial condition free of any circumstances that may impede or enhance the Proposer’s ability to provide these services.
Insurance
ERSC affirms its ability to obtain all City requested insurance coverage and licenses as required in the subject RFP .
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Qualifications, Relevant Experience & References
Y ears of Service
Celebrating
Engineering Resources of Southern California, Inc.
Since 1996
ERSC References
We welcome the City of Chino to contact our references to attest to the capabilities of our team:
Jesus Placentia, City of Chino - On-Call
Plan Check Services
City Engineer
(909) 334-3250
[email protected]
Carlos Norvani, City of Lake Elsinore - On-
Call Plan Check Services
Land Development Engineer
(951) 674-3124
[email protected]
Rick Minjares, City of Palm Springs - On-
Call Plan Check Services
Engineering Associate, Engineering
Services
(760) 323-8253 ext.8741
[email protected]
Nate Smith, PE, City of Banning - On-Call
Plan Check & Inspection Services
Deputy Director of Public Works/City
Engineer
(951) 922-3182
[email protected]
Ken McLaughlin,
Soboba Band of Luiseño
Indians - On-Call Engineering &
Inspection Services
Director of Public Works
(951) 654-5544 ext. 4126
[email protected]
Vince Girón, City of Rialto - On-Call Plan
Check Services
Engineering Manager
(909) 820-8045
[email protected]
Real Clients, Real Feedback
“...thanks again, too, for the continued diligence and
responsiveness from you and the entire ERSC team. A
quick count shows over 50 plans, spread across seven
tracts, with at least four different consultants involved - and I suspect I am under-counting everything. It has to be a huge job to keep everything running smoothly and your efforts are much appreciated.” - Otte-Berkeley Group, Inc. “...it has been both a pleasure and an education working with you on this project. Thank you.” - City of Rialto
“Your company far exceeds any other in the plan check
arena. I am sure you are as swamped as any, but your
plan checks, memo’s, comments and follow-ups are
exceptional and not found anywhere else in this business.
Thank you for the relationship and top level company
model. It starts at the top and you have obviously figured out the puzzle.” - Christiansen & Company
Plan Check/Inspection Clients
• City of Banning
• City of Chino
• City of Chino Hills
• City of Colton
• City of Eastvale
• City of Garden Grove
• City of Lake Elsinore
• City of Ontario (Traffic)
• City of Palm Springs
• City of Rialto
• City of Tustin
• Coachella Valley Water District
• Eastern Municipal Water District
• Jurupa Community Service District
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Qualifications, Relevant Experience & References
Y ears of Service
Celebrating
Engineering Resources of Southern California, Inc.
Since 1996
ERSC provides plan check and inspection services for CIP and development projects in the City of Banning. Since 2019 ERSC has completed over 475 individual plan check assignments in the City. This includes the 4,000-unit Atwell development, for which ERSC has reviewed all grading and improvement plans and all supporting special studies related to the project. Currently, ERSC staffs four full-time inspectors supporting the City’s activities. The scope of construction inspection services includes oversight of street, sewer, water, grading, and storm drain projects and their related activities. ERSC Inspectors have overseen the following in the City of Banning:
• Sewer, Water, Storm Drain, and Street
Improvements: Tract #37365, Tract
#37474, Tract #37298, Tract #37298-2,
Tract #37298-3, Tract # 37298-1, Highland
Springs Avenue
• Wilson Street – Inspection of New Sewer
Trunk Line Installation
• Wilson Street Lift Station - Inspection of
New Sewer Lift Station Installation
• Sunset Sewer Trunk Line – Inspection of
New Sewer Main Line Installation
• Non Potable Water Improvement NP-1
Pump Line
• Non Potable Water Improvement Segment
D-1
• Foothill West Reservoir 3.76 Million Gallon
• Irrigation Water Supply System Segment –
B Phase 1
ON-CALL PLAN CHECK & INSPECTION SERVICES, CITY OF BANNING, CA Project Term: 2019 - Ongoing | Contract Value (to date): $4.4M ERSC Project Team:
John M. Brudin,PE
Joanna Rembis, PE
Moe Ahmadi, PE
Erik Howard, PE, PLS
Reza Toorzani, PE
Craig Brudin, QSP
Robert Righetti
Steven Allen
Cooly Smith
Mark Alvarez
Saul Lopez
Ralph Martinez
Nate Smith, PE, Deputy
Director of Public Works/
City Engineer
951-922-3182
[email protected]
ERSC has provided general plan check services to the City of Chino since 2016. Since 2016 ERSC has been able to meet the surge in development activity that the City has experienced.
We have adapted to multiple staff changes, internal engineering preferences, and many different requirements that the City has adopted to serve its changing populace.
In the City of Chino, ERSC is commissioned to provide the review of Rough and Precise Grading Plans, Wet Utility, Plans (e.g., Sewer, Water, Storm Drain), Street Improvement Plans, Street Light Plans and Voltage Drop Calculations, Hydrology Studies and Hydraulic Calculations, Water Quality Management Plans, Easements and Right-Of-Way Dedications, Soils Reports, Subdivision Maps, Title Reports, and Closure Calculations for private development and capital improvement projects throughout the City. ERSC also acts as the City Surveyor, approving maps on the City’s behalf and answering survey-related questions that arise in the day-to-day operation of the engineering department.
GENERAL PLAN CHECK SERVICES, CITY OF CHINO, CA
Project Term: 2016 - Ongoing | Contract Value (to date):
$5.6M
ERSC Project Team:
John M. Brudin,PE
Joanna Rembis, PE
Moe Ahmadi, PE
Erik Howard, PE, PLS
Reza Toorzani, PE
Craig Brudin, QSP
Dale Roberson
Stephen Wilson, QSD/
CPESC
Jorge Biagioni, PE
Jesus Plasencia, City
Engineer
(909) 334-3250
jplasencia@cityofchino.
org
Under an on-call agreement, ERSC provides civil engineering plan check services for various private and public development projects throughout the City. ERSC’s responsibilities include reviewing grading, street, sewer, water, landscaping, irrigation, streetlight, storm drain, traffic signal, and striping/signage plans. Survey and mapping review responsibilities include subdivision maps, easements, dedications, lot line adjustments, and parcel mergers.
ERSC staff also review professional studies including, but not limited to, hydrology/hydraulic, sewer, traffic, geotechnical, stormwater pollution prevention/NPDES, and water quality management- related studies. Since 2020 ERSC has completed over 70 individual assignments in the City. This includes the 600-unit River Ranch Specific plan development, for which ERSC has reviewed all grading and improvement plans and all supporting special studies related to the project.
ERSC staff also provide various design and survey-related services during infrastructure projects throughout the City.
ON-CALL PLAN CHECKING SERVICES, CITY OF RIALTO, CA
Project Term: 2020 - Ongoing | Contract Value (to date): $2.2M ERSC Project Team:
John M. Brudin,PE
Joanna Rembis, PE
Erik Howard, PE, PLS
Reza Toorzani, PE
Jorge Biagioni, PE
Stephen Wilson, QSD/
CPESC
Dale Roberson
Vince Girón,
Engineering Manager
909-820-8045
[email protected]
Engineering Resources of Southern California, Inc. is proud to serve the City of Colton since 2003 with On-Call Civil Engineering and Plan Check services. Our engineers, engineering technicians and administrative team have worked closely with City staff in the review of grading, street improvements, hydrology studies, soils reports, WQMP , SWPPP , lot line adjustments, and parcel maps. ERSC also provides On-Call Engineering Design Services to the City. Our team has provided design for water, sewer, and transportation efforts in the City.
ON-CALL CIVIL ENGINEERING AND PLAN CHECK SERVICES, CITY OF
COLTON, CA
Project Term: 2003 - Ongoing | Contract Value (to date): $450,000 ERSC Project Team:
John M. Brudin, PE
Joanna Rembis, PE
Moe Ahmadi, PE
Reza Toorzani, PE
Jorge Biagioni, PE
Steven Wilson, QSD/
CPESC
Craig Brudin, QSP
Dale Roberson
Victor Ortiz, PE, City
Engineer
(909) 514-4210
[email protected]
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Qualifications, Relevant Experience & References
Y ears of Service
Celebrating
Engineering Resources of Southern California, Inc.
Since 1996
Under an on-call professional services agreement with the City of Highland, ERSC provided contract inspection services for the construction of public works and privately funded improvements, including street improvements, paving, sidewalk, curb, gutter, grading, and earthwork. Work also included site review for compliance with City standards and traffic control requirements. ERSC also provided plan checking services for all grading, street improvement plans, parcel and tract maps, and hydrology review. Work also included site review for compliance with City standards and traffic control requirements.
ON-CALL CONSTRUCTION INSPECTION AND PLAN CHECK SERVICES, CITY
OF HIGHLAND, CA
Project Term: 2000-21 | Contract Value: $4M
Carlos Zamano, P .E.,
Assistant Public Works
Director
(909) 864-8732
czamano@cityofhighland.
org
ERSC Project Team:
John M. Brudin,PE
Joanna Rembis, PE
Moe Ahmadi, PE
Erik Howard, PE, PLS
Reza Toorzani, PE
Craig Brudin, QSP
Jorge Biagioni, PE
Stephen Wilson, QSD/
CPESC
Dale Roberson
Steven Allen
Mark Alvarez
Engineering Resources of Southern California, Inc. has provided civil engineering plan check services to the City of Lake Elsinore since 2016. As part of an on-call contract with the City, ERSC reviews improvement plans and documents submitted during land development efforts in the City.
During ERSC’s tenure, staff have reviewed over 200 individual plans and studies.
ERSC is responsible for the review of Traffic Signal Plans, Improvement Plans, Grading Plans, Final Maps and Parcel Maps, Dedications, Easements, Vacations, Quitclaims, Parcel Mergers, Lot Line Adjustments, WQMP Submittals, Hydrology and Hydraulic Studies, HEC-5 Studies, Traffic Analyses, Soil/Geotechnical Reports, Erosion Control Designs, and Review of Technical Specifications for Proposed Improvements within City Road Rights of Way.
ON-CALL PLAN CHECK SERVICES, CITY OF LAKE ELSINORE, CA
Project Term: 2016 - Ongoing | Contract Value (to date): $3.4M ERSC Project Team:
John M. Brudin,PE
Joanna Rembis, PE
Erik Howard, PE, PLS
Moe Ahmadi, PE
Reza Toorzani, PE
Craig Brudin, QSP
Jorge Biagioni, PE
Dale Roberson
Stephen Wilson, QSD/
CPESC
Carlos Norvani, LEED AP
Land Development
Engineer
951-674-3124
cnorvani@Lake-Elsinore.
org
ERSC works with EMWD real property staff to provide a range of services related to District activities. We act as a supporting team member by regularly reviewing legal documents and plat maps related to development, CIP , and annexation activities. ERSC staff review documents for sound surveying practice and application of EMWD requirements and then sign for approval as needed.
ERSC also performs various field-related tasks as needed by EMWD. Our survey team is responsible for setting of monuments, property corners, surveying property boundaries, and other related tasks.
ON-CALL LAND SURVEYOR AND MAP REVIEW SERVICES, EASTERN
MUNICIPAL WATER DISTRICT , RIVERSIDE COUNTY , CA
Project Term: 2021 - Ongoing | Contract Value (to date): $130,000 ERSC Project Team:
Erik Howard, PE, PLS Craig Brudin, QSP
Travis Havens, PLS
951-928-3777
[email protected]
Under an on-call professional services agreement with the City of Palm Springs, ERSC provides plan and map checking for development planned within the City. Specific tasks include reviewing improvement plans (including sewer plans), final subdivision maps, and other survey-related documents prepared by design consultants for accuracy, completeness, and conformance to local codes, ordinances, and design standards. During ERSC’s tenure providing plan checking services, our firm has completed over 2,150 individual plan reviews. Matt Brudin has been the Project Manager and Plan Check team member since 2002.
ON-CALL PLAN CHECKING & PROJECT MANAGEMENT
SERVICES, CITY OF PALM SPRINGS, CA
Project Term: 2002 - Ongoing | Contract Value (to date):
$5.58M
ERSC Project Team:
John M. Brudin,PE
Joanna Rembis, PE
Moe Ahmadi, PE
Erik Howard, PE, PLS
Reza Toorzani, PE
Craig Brudin, QSP
Robert Righetti
Stephen Wilson, QSD/
CPESC
Joel Montalvo, PE, City
Engineer
(760) 322-8339
Joel.Montalvo@
palmspringsca.gov
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Qualifications, Relevant Experience & References
Y ears of Service
Celebrating
Engineering Resources of Southern California, Inc.
Since 1996
The City of Chino Hills contracted ERSC to provide On-Call Plan Check Services, including comprehensive review of CIP and development projects as well as their associated improvement plans and studies. ERSC’s team also assists the City as City Surveyor, signing maps and assisting in various survey related efforts. Recently, ERSC has been assisting in the sale of over 200 city inventory lots to the adjacent private home owners.
ON-CALL PLAN CHECK SERVICES, CITY OF CHINO HILLS, CA
Project Term: 2022 - Ongoing | Contract Value (to date): $13,771 ERSC Project Team:
Joanna Rembis, PE
Moe Ahmadi, PE
Erik Howard, PE, PLS
Peter Kim, PE, TE
Craig Brudin, QSP
Stephen Wilson, QSD/
CPESC
Jorge Biagioni, PE
Michael Hofflinger
(909) 364-2777
[email protected]
Kim Zuppiger
(909) 364-2761
[email protected]
Keith Backus
(951) 685-7434
[email protected]
ERSC was contracted by Jurupa Community Services District to provide to professional plan check services to support the District’s water and wastewater programs on an as-needed basis, via professional services contract. As a part of JCSD’s commitment to its customers and stakeholders, the District is preparing to execute Capital Improvements and maintenance activities that have been carefully considered through a Capital Improvement Program (CIP). Part of this execution includes the planning, design, and construction management of projects to ensure JCSD maintains its commitment to residents and stakeholders.
ON-CALL PLAN CHECK SERVICES, JURUPA COMMUNITY
SERVICES DISTRICT , JURUPA VALLEY , CA
Project Term: 2022 - Ongoing
ERSC Project Team:
John M. Brudin, PE
Moe Ahmadi, PE
Joanna Rembis, PE
Erik Howard, PE, PLS
Cooly Smith
Engineering Resources of Southern California, Inc., has provided on-call engineering services to the City of Hemet through various agreements dating back to 2000. The most recent continuation of these services was an agreement initiated in 2023 for which ERSC provides General Civil Engineering Design and Plan Check, Construction Management, Public Works Construction Inspections, Survey Services, and Water and Sewer System Design and Assessment Services.
The General Engineering team provides general consulting, technical advice, engineering design, and plan check services for: developer applications and submittals, engineering quantity estimates and costs, rough and precise grading improvement plans; geological and geotechnical reports; erosion control plans; parking lot plans; landscape and irrigation plans; water quality management plans; street improvement plans, storm drain plans, and hydrology studies. Subject plans also include: utility plans, including domestic and reclaimed water and sanitary sewer improvements; and tract and parcel maps, Lot Line Adjustment documents, legal descriptions and plats, and traditional and aerial topographic surveys.
The Construction Management and Inspection team: monitors compliance with project plans, specification, and permit conformance; prepares and distributes daily reports; and performs a variety of public improvement inspections including but not limited to paving and sub-grade; drainage; water quality structures; electrical services; water services; and signing and striping.
ON-CALL CIVIL ENGINEERING, PLAN CHECK, & INSPECTION SERVICES,
CITY OF HEMET , CA
Project Term: 2000 - Ongoing | Contract Value (to date): $3M ERSC Project Team:
John M. Brudin,PE
Lori Askew
Joanna Rembis, PE
Moe Ahmadi, PE
Erik Howard, PE, PLS
Reza Toorzani, PE
Craig Brudin, QSP
Trent Brudin, PE
Peter Kim, PE, TE
Stephania Hernandez,
EIT
Stephen Wilson, QSD
Jorge Biagioni, PE
Robert Righetti
Steven Allen
Cooly Smith
Mark Korando
Noah Rau, Public Works
Director/City Engineer
951-765-2360
[email protected]
ERSC was contracted to provide Development Plan Check Services to the Coachella Valley Water District. Our team reviews water and sewer plans from private land development projects to CVWD standards and the Development Design Manual (DDM).
DEVELOPMENT PLAN CHECK SERVICES, COACHELLA VALLEY WATER
DISTRICT , PALM DESERT , CA
Project Term: 2020 - Ongoing | Contract Value (to date): $100,000 ERSC Project Team:
John M. Brudin, PE
Joanna Rembis, PE
Erik Howard, PE, PLS
Craig Brudin, QSP
Dale Roberson
Jorge Biagioni, PE
Juan Medina
(760) 398-2661
[email protected]
Under a municipal services contract with the City of Garden Grove, ERSC provides plan check services, construction management, and inspection services for various street, intersection, and storm drain improvement projects. Plan check services include the review of documents for all City projects, including but not limited to: Tract Maps, WQMP , Street Improvements, Right-of-Way Exhibits, CC&Rs, Grading, Precise Grading, Erosion, Hydrology and Water, Storm Drain, Utilities, Survey, Lot Line Adjustments, and Legals and Plats. Additional services include managing projects requiring special reporting to state or federal agencies to assure compliance with loan or grant conditions.
PLAN CHECK & CONSTRUCTION SERVICES, CITY OF GARDEN GROVE, CA Project Term: 2010 - Ongoing | Contract Value (to date): $3.2M ERSC Project Team:
Robert Righetti
Joanna Rembis, PE
Jorge Biagioni, PE
Dale Roberson
Mark Alvarez
William Murray, P .E.,
Public Works Director
(714) 741-5000
[email protected]
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Proposed T eam
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Proposed T eam
Y ears of Service
Celebrating
Engineering Resources of Southern California, Inc.
Since 1996
ERSC has the resources, highly qualified staff, and availability to effectively meet the City’s needs.
John M. Brudin, PE - 5%*
Principal-in-Charge
Joanna Rembis, PE - 20%*
Asst. Project Manager, QA/QC
*Percentages listed reflect the current and anticipated availability of key team members.
** Key personnel assigned to project whose resumes
are available upon request.
STC Traffic, Inc.
Stephen Manganiello, TE
Traffic Engineering Review
Subconsultants
25+ local supporting engineers and technicians available for additional support upon request.
Moe Ahmadi, PE, QSD - 10%*
Vice President, Drainage/Hydrology
Erik Howard, PE, PLS - 5%*
Sr. Principal Engineer, Survey
Trent Brudin, PE, QSD - 10%
Engineer V, WQMP
Peter Kim, PE, TE - 50%
Principal Engineer, Traffic/Transportation
Steve Wilson, QSD/CPESC - 50%*
Sr. Engineering Associate, WQMP
Craig Brudin, QSP - 15%
Sr. Engineering Associate, Grading/Survey
Docs/Improvement Plans
Dale Roberson - 50%*
Engineering Associate V, Grading/Survey
Docs/Improvement Plans
Jorge Biagioni, PE - 50%*
Principal Engineer, Grading/Survey Docs/
Improvement Plans
Travis Moffatt, EIT - 10%
Engineer II, Storm Drain/Hydrology
Kenny Yarnall - 20%
Senior Engineering Associate, Grading/
Improvement Plans
Jazz Goodie - 15%
Engineering Associate III, Water/Sewer
Improvement Plans
Cassandra Silva** - 10%*
Operations Manager, Project Coordination
Key personnel will be available to the extent proposed for the duration of the required services acknowledging that no person designated as “key” shall be removed or replaced without the prior written concurrence of the City 10 12.12.a
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STC Traffic, Inc. | Traffic Engineering Review
SSTC Traffic, Inc.
5973 Avenida Encinas, Suite 218, Carlsbad, CA 92008
www.stctraffic.com
STC Traffic, Inc. (STC) is a full- service traffic engineering, transportation planning, and Intelligent Transportation Systems (ITS) consulting firm. For over 16 years, STC has served municipal clients throughout Southern California . W e currently support over two - dozen on-call engineering contracts with local agencies. Some of our other clients in the region include the Cities of Banning, Beaumont, Hemet, Menifee, Lake Elsinore, Temecula, Cathedral City, Jurupa Valley, Eastvale, Fontana and Long Beach.
At STC we pride ourselves as serving as an extension of City staff by offering a multidisciplinary team consisting of former City Traffic Engineers and Public Works inspectors, California Licensed Professional Civil and Traffic Engineers, AICP Certified Planners, IMSA Certified Traffic Signal Technicians, ITS Specialist s, and Systems Engineers. We provide a variety of land development reviews and plan checks for site plans (traffic circulation, access , sight distance, and parking), TIA and VMT assessments , new traffic signals and communications infrastructure, signal modifications, street lighting, signing and striping, bicycle and pedestrian facilities , and traffic control. We also conduct peer reviews for capital improvement projects and traffic studies, and have prepared a variety of traffic engineering design standards, technical s pecifications, and policy - level documents for our local agency clients.
A summary of some of our core traffic engineering services is provided below.
STC Traffic, Inc.
(Formerly Stack Traffic
Consulting, Inc.)
California Corporation
Date of Incorporation: 1/26/2007
Fed. Employer ID #: 56-2636889
DIR #: 1000009329
Total Employees: 27
Firm’s Experience (Years)
Providing Related Services: 16
Small Business Certifications:
SB (Micro) CA DGS: #53625
SBE Metro: #6454
Primary Contact:
Jason Stack, TE, PTOE
President/Principal-In-Charge
5973 Avenida Encinas, Ste 218
Carlsbad, CA 92008
(760) 602-4290
[email protected]
ON-CALL TRAFFIC ENGINEERING SERVICES
♦ Consultant City Traffic Engineer ♦ ITS & Network Engineering ♦ Traffic Engineering Plan Checks & Permitting ♦ Traffic Signal Timing & Corridor Synchronization ♦ Traffic Signal and Street Lighting PS&E ♦ Signal Interconnect (Copper, Fiber & Wireless) ♦ Traffic Control Plans ♦ TMC Design, Operations & Training ♦ Signing and Striping Plans ♦ Systems Integration & Performance Monitoring ♦ Contract Bidding & Construction Support ♦ Advanced Traffic Signal Operations ♦ Construction Engineering & Inspections (At-Grade Rail Crossings, Transit Priority Systems) ♦ Constructability Reviews / Value Engineering ♦ Traffic Control Warrants Analysis ♦ Active Transportation & Complete Streets ♦ Engineering & Traffic Surveys for Speed Limits ♦ Neighborhood Traffic Calming ♦ Sight Distance Evaluations ♦ Feasibility Studies / Alternatives Analysis ♦ Traffic Safety Assessments / Collision Analysis ♦ Traffic Impact Studies & VMT Analysis ♦ Community Engagement & Stakeholder Outreach ♦ Parking Studies
♦ Grant Writing and Management
♦ Traffic Engineering Support for CEQA/NEPA
♦ City Council & Planning Commission Support
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Work Plan
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Work Plan
Y ears of Service
Celebrating
Engineering Resources of Southern California, Inc.
Since 1996
Project Understanding
ERSC understands that the City of Chino intends to retain a professional team to support the City with Plan review services for various private development and CIP projects proposed within the City’s limits. The work includes assisting city staff in the plan review and the independent review of technical studies and reports related to onsite and offsite improvements for adherence to regulatory requirements, plans, specifications, standards, and safety guidelines.
Development activities support the growth and future of communities. Interested parties invest a great deal of time and money upfront to build the communities and infrastructure that form a City. Our involvement helps guide a project to completion in the City’s and stakeholders’ interests. As such, ERSC’s goal is to protect these interests and steward any project to approval as efficiently as possible without undue cost or burden. This understanding of the plan check processes and dedication to optimum results are the foundation of our 27-year history of serving a vast client list.
ERSC and the City of Chino
Our team is uniquely familiar with performing Plan Check in Chino. We have provided plan check services to the City of Chino in varying capacities since 2016. ERSC staff have also had the fortune to assist the City during various CIP projects, including transportation infrastructure improvements.
Some of our team members have served the City for the entirety of ERSC’s tenure. Their experience facilitates a close-knit relationship with the City, its staff and procedures, and local developers and contractors.
Local Professional Community
In its 27 years of providing plan review for cities across Southern California, our staff has had the opportunity to review plans prepared by a host of firms. Many of them have come to know ERSC and our staff well. Not only does our team know what to expect from these engineers and contractors, but they also understand what to expect from ERSC. Our processes are unwavering regardless of the party completing the work. Each project is held to the same objective requirements, no matter who may be conducting the work.
Special Considerations
Specific to the City of Chino, ERSC has found that some special circumstances may regularly impact plan checking of projects:
Standards and Codes
Private and public improvement plans submitted to ERSC for plan check will be evaluated on the basis of numerous standards and codes. Documents guiding the plan check process include the City of Chino Standard Drawings, the Standard Specifications for Public Works Construction (Greenbook), the City of Chino Municipal Code, the County of San Bernardino Department of Public Works and Flood Control Standards, and the California Department of Transportation Standard Plan and Standard Specifications.
Accessibility Requirements (ADA)
The City of Chino is especially dedicated to the portion of its community with disabilities. The City has gone as far as staffing specific positions in City Hall to review ADA related items as they impact development within the City. ERSC is cognizant of the City’s sensitivity to this matter and takes special care in ensuring plans comply with ADA requirements. Chino has adopted its own requirements for application during plan check of items that impact ADA Pedestrian Facilities, including:
• Dir ectional ADA Crosswalks
• Side walks and walks (private and public) shall be 60 inches minimum. • 7.2% ma ximum slope run.
• 9% ma ximum flare slope
• 2% cr oss-slope.
• 4% ma ximum sidewalk running slope
• Gutt er lip transition is required 24 inches on each side of the curb ramp.
Conditions of Approval
ERSC staff understand the importance of incorporating all Conditions of Approval into a project’s design. The conditions confirm how a developer has complied with the requirements placed on the development by the City’s Planning Commission and the City Council to mitigate the project’s impacts. This requires a complete and thorough review of Conditions of Approval imposed by the Public Works and Engineering departments, as well as Planning and Fire Department conditions that may impact the review and ultimate construction of a project.
Correspondence with Other Departments
ERSC has found coordination with other City Departments necessary in recent assignments. Specific to the City of Chino will be the need to coordinate certain water and sewer related items with the City’s Water and Wastewater Utility as well as Inland Empire Utility Agency Requirements.
Inland Empire Utilities Agency
Portions of the Inland Empire Utilities Agency (IEUA) overlay the corporate limits of the City of Chino. There are also three of the IEUA’s reclamation plants within the City.
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Engineering Resources of Southern California, Inc.
Since 1996
City Managed Water Utility
The City of Chino manages and operates its own water utility to provide quality drinking services to portions of the City and surrounding areas. ERSC has noted this and will work within the requirements of the water system as a City provided service.
Transportation Corridors
State Routes 60, 71, and 83 border or transect the City in various directions. Permitting by Caltrans is required for work performed in the and adjacent to the State’s right-of-way. ERSC has navigated Caltrans’ process in numerous projects and will utilize this experience during the review of projects for the City of Chino.
Planning Documents
Development in numerous areas of the City is driven by the requirements of various specific plans. Specific Plans governing development in the City of Chino include:
• Bike and Pedestrian Master Plan: Provides the City of Chino a guide to improve bicycling and walking activity throughout the City. • Central Avenue Specific Plan: This document covers the area along Central Avenue up to Phillips Avenue to the north and Schaefer Avenue to the south. The east and west boundaries vary but are generally located approximately 660 feet in either direction of Central Avenue. The Plan area is divided into seven sub-planning areas which provide for different land use and development criteria.
• College Park Specific Plan: this plan covers and is located within and adjacent to the northeastern boundary of the City of Chino, encompassing 710 acres. The State plans to convey the land to the City, Chaffey College, and private developers, which will guide development in the area.
• East Chino Specific Plan: Adopted in March 1987, the East Chino Specific Plan Study Area covers 972 acres bounded by Euclid, Riverside, Eucalyptus, and Mountain Avenues. The majority of existing land uses within the specific plan area are presently related to dairy production. The plan will guide current and future development in the area. • Eucalyptus Business Park Specific Plan: The plan encompasses a 430-acre area situated in the southwestern portion of the City located along the east side of the Chino Valley Freeway, between Chino Hills Parkway and Eucalyptus Avenue, and west of Central Avenue. The project site is comprised of numerous land holdings ranging in size from small lots to well over 100 acres. • Majestic Spectrum: This Specific Plan is located in the southwest part of the City. It includes 370 acres of land south of Schaefer Avenue, west of Ramona Avenue, north of Eucalyptus Avenue, and east of Highway 71. The Majestic Spectrum guides development for Office and Industrial uses.
• The Preserve: Preserve Specific Plan is a community based on a mixture of residential neighborhoods focused around a lively community core and a regional commercial center. The development will be inter-connected with a multi-purpose open space feature, using a series of paseos and trails, and will be integrated with the Chino Airport. The planning area covers over 5,000 acres of land.
Existing development within the Specific Plans areas varies by location, and, in some cases, implementation of the specific plan requirements may be driven by redevelopment. ERSC is currently involved in the implementation of large specific plans in Chino as well as the Cities of Banning and Palm Springs.
Electronic Plan Checking
ERSC has been performing plan checking electronically for almost a decade. Our staff are trained in the use of the City’s selected plan review software, e-PlanSoft.
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Engineering Resources of Southern California, Inc.
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Conflicts of Interest
By matter of corporate decision, ERSC does not provide engineering services to private developers. ERSC focuses solely on the public sector. We do not anticipate any conflicts of interest.
Technical Approach
Approach
ERSC has become well-versed in the many nuances that must be observed by anyone processing plans and studies for approval within the City of Chino. Our staff will rely on numerous codes, guidance documents, checklists, and standards to complete each review. This section will summarize the methods used to review assigned documents thoroughly.
Plan Check Reference Material
ERSC staff will reference different guidance materials based on the scope of the assignment (e.g., State Subdivision Map Act, Standard Specifications for Public Works Construction, Americans with Disabilities Act requirements, and the California Building Code). Other facets of a particular project, such as water quality or traffic improvements, are governed by the Construction General Permit, MS4 Permit, WQMP guidance document, Manual on Uniform Traffic Control Devices, State of California Highway Design Manual, Caltrans Standard Specifications, San Bernardino County Flood Control Hydrology Manual, and the United States Army Corps of Engineers Permit requirements. Each is applied respectively and where applicable. In addition, local guidance documents such as the City Grading Notes for Improvement Plans, City Encroachment Permit Application Package, City Municipal Code, City General Plan, and Specific Plan Elements are also applied when appropriate. Conditions of Approval are also thoroughly reviewed and applied to each project.
Process Applicable to all Plans/Subdivision Maps/Studies The below items are incorporated as applicable during the review of any plans, maps, and studies after assignment to ERSC for review. • Review initial submittal package for completeness. Items frequently required include a title report, geotechnical report, and conditions of approval.
• Verify ownership, review aerials and photos, and review onsite/adjacent conditions. Verify drawing content, including title block, file number, RCE signature block, benchmark, and proper drafting technique. Verify compliance with Conditions of Approval.
Verify general notes and content, construction notes, and quantities. Include project title, a list of utility companies with contact information, vicinity and index map, legal description, APN, site ownership, and addresses as applicable. • Review engineering design principles, requirements, and industry-standard practices. • Review special studies to ensure they are conceptually sound and meet City, County, and State Standards.
Specific Items Applied to Improvement Plan, Map, and Special Study Review Plan check for civil engineering design plans, survey related documents, and special studies will be performed by applying the below items to each assignment:
Rough, Mass, and Precise Grading Plans
Verify conformance with City guidelines and geotechnical report; show boundary information, easements, and adjacent lot numbers; show street dimensions, existing utilities, sewer lateral and water meter; review and verify perimeter conditions; cross reference with street and drainage plans and final map; verify compliance with California Building Code for grading and accessibility; verify minimum slope requirements and drainage control at top of slope; verify slopes, top of grate and invert elevations on drains; verify retention basin and BMP’s, show building locations/setbacks; show critical elevations, i.e. high points, thresholds, verify location of perimeter walls and retaining walls; show top of wall and finished surface at critical points. For commercial grading verify parking design per City standards; verify the accessible path of travel, parking, and signage; verify driveway/lane widths, fire access, and structural section. For all grading plans, verify conformance with FEMA requirements.
Street Plans and Alignment Review
Verify design speed, geometrics, and cross section; show typical section with cross fall and dimensions; verify minimum/maximum street grades and cul-de-sac design; verify structural section (AC/CMB); verify bearings, curve data (centerline and curb) and stationing; show stations/elevations at intersections, EC/BC and ECR/BCR; verify “join” elevations extend topography; show saw cut line and feathered paving; provide supplemental cross sections for widening; show driveway approaches and cross gutters; show drainage devices, easements, and lot lines/numbers. In the profile, show existing/proposed profile at centerline, curb left & right; show stations at begin/end construction, intersection, EC/BC and even stations; show slope, elevations at critical points and grade breaks; show the location, length, and PI for vertical curves; show projection and length of curb returns/verify design; profile “grade to drain” and show elevations.
Chino Unique Requirements for Street Plans
• Street improvements when under The Preserve limits, shall follow The Preserve Specific Plan. • Mandatory construction note from Section d.i.a for the City policy on Accessible Pedestrian Facilities. • Structural pavement sections must meet City Std. 100. • Improvement plans shall follow the City of Chino Policy on Accessible Pedestrian Facilities. 29 12.12.a
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• The projects under The Preserve Specific Plan use a pre-approved directional handicap ramps. • Conditions of approval has a section on ADA requirements. • Private alleyways to be named “Private Drive”
Storm Drain Plans
Verify size and design flow per City’s master plan, if applicable; design per Flood Control standards; verify alignment, geometrics, and stationing; show existing utilities (OH/UG); show catch basins, manholes/junction structures and inlet/outlet structures with details when required; show, obtain, and/or verify drainage easements; show invert elevations at inlet/outlet, structures, and grade breaks; verify design flow and street capacity with hydrology study; show HGL, flow rate, and velocity for main line and lateral; coordinate with hydraulic calculations; verify coordination with regulatory agencies as required. Storm drain plans will be checked against hydrology and hydraulic calculations to verify their design accuracy as required by the City Standards and coordinated with the City’s Storm Drain Mater Plan for the design of mater planned lines.
Domestic and Recycled Water Plans
Verify size per City’s master plan; verify minimum velocity and slope requirements; verify pipe material and class; verify meter, restraint and AR/AV calculations; verify compliance with CDPH separation requirements; verify alignment and stationing; show existing utilities (OH/UG); verify minimum cover and maximum & valve spacing; verify valve placement; show stations and elevations at cleanouts, valves, fittings, and fire hydrants; verify cross-connection requirements; show easements. Water and Recycled Water Plans shall be coordinated with the City’s Water and Recycled Water Master Plan for design of master planned lines.
Chino Unique Requirements for Water Plans
• The pipe material shall be DIP or PVC C-900 AWWA for 4” – 12” diameters and C-905 for larger. • Pressure class 200 (DR14) shall be used from Schaefer Avenue and south of it. • Pressure class 150 (DR18) shall be used elsewhere.
• Ductile Iron Pipe shall be AWWA C-151 with C-104 cement mortar lining. • Steel pipe with AWWA C-200 outside coat, only when approved in advance. • The Water Division requires clustered meters to have 24-inches O.C. minimum separation; however, 30 inches is preferred. • In short pipe segments, the number of meter taps is restricted to avoid damage to the main pipe. • In horizontal location of Meters
o Distance from lot lines is 5 feet minimum.
o Distance from driveways is 2 feet minimum.
• The meter services shall be staggered. They cannot directly opposing. • Water lateral connection to existing main shall be with a “Tee”. • City does not utilize Standard 435B. For a common blow-off air/vac, B.O. shall be installed at the end of a line.
Sewer Plans
Verify size per City’s master plan; verify minimum velocity and slope requirements; verify minimum lateral slopes; verify compliance with CDPH separation requirements; verify alignment and stationing; show existing utilities (OH/UG); verify minimum cover and maximum manhole spacing; show stations and elevations at manholes, cleanouts and laterals; show easements. Sewer plans shall be coordinated with the City’s Sewer Master Plan for design of master plan lines.
Chino Unique Requirements for Sewer Plans
• The Sewer services are not accepted under driveways unless pre-approved by City Engineer.
Sewer Study
Review City’s sewer master plan; verify tributary area; verify existing pipe size and existing flow; determine proposed pipe size; verify sewer loading and peaking factors; determine/verify EDU’s, average daily flow; peak hour dry weather flow, peak hour wet weather flow; review pipe size calculations; verify d/D ratio and minimum velocity requirements; verify downstream pipe capacity.
Final Parcel and Tract Maps
Verify overall format complies with San Bernardino County map standards; verify conformance with tentative map and conditions of approval; review and verify content of title report, vesting deed and Schedule B documents; verify content of title sheet and required certificates; verify dedications required by conditions of approval in owners’ certificate and acceptance thereof; verify survey procedure including location/description of existing monuments, review and verify closure calculations; basis of bearings, and methods of re- establishing monuments; measured and record bearings, distances and curve data; lots and streets numbered and named, lot width and depth, street dimensions and radii and cul-de-sac and knuckle design; monumentation for streets and lots, centerline intersection, EC/BC and center of cul-de-sac, distinct boundary and lot corners.
Title Reports
Review title report to confirm that the legal description, ownership, vesting, trustees and beneficiaries are correctly shown; Review 30 12.12.a
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title insurance exceptions to confirm that rights of way and easements are correctly listed and plotted; Verify that applicable rights of way, easements and mineral rights are correctly listed as signature omissions; Verify that subdivider has requested non-interference letters from public entities and public utility companies.
Soils Reports and Geotechnical Reports
Review and comment on private project Geotechnical and Geology Reports including but not limited to items such as soil stability, soil composition, liquefaction, compaction, foundations, etc.; Development of Geotechnical and Geology Reports for limited special public projects, as well as peer review of geotechnical and geology reports; Prepare review comments and conditions of approval of soils reports in a written format that is acceptable to the City; Review responses to review comments provided by the developer’s soils engineer; Work with developer’s soils engineer to resolve issues generated by review comments; Attend meetings with the City, developers, builders, engineers, and consultants in a timely manner to resolve issues generated during the report review process or during construction; Review soils reports submitted by the developer’s soils engineer for proposed changes during grading; Provide technical support to the City for geotechnical engineering and geologic related issues on an as-needed basis; Provide grading inspection services on an as-needed basis to ensure compliance with City approved plans and standards.
Maps, Survey/Legal Documents
Check to assure compliance with applicable provisions of the State Subdivision Map Act, Land Surveyor’s Act, City Municipal Code, Conditions of Approval and other City requirements, and all other applicable state statutes and local ordinances; review of map sheets for centerline control, lot closure calculations, mathematical accuracy, surveyor notes and symbols, monumentation per City Standards, and survey procedures; review of boundary retracement procedures and title reports; review of format statements and certificates; conformance to City’s preferred format and layout; review legal description for accuracy and proper acknowledgment of record and easement documents; review and verify closure calculations, review plat for proper identification of R/W, lot lines, easements and location of existing structures and utilities.
Hydrology and Hydraulics Calculations
Verify compliance with Flood Control methods and City requirements; verify design criteria; review and verify critical design values; review and verify model input/output and content of hydrology map; and verify narrative content. For hydraulic calculations, verify mainline, lateral and catch basin design flow, review and verify model input/output; verify methods of analysis; review design methods of catch basins, hydraulic structures and outlet protection; review maximum velocity, junction losses, freeboard and outlet conditions; and verify hydraulic data on storm drain plans.
Water Quality Management Plans
Verify storm water management requirements applicable to the project, source control/site design, pollutant controls and hydromodification management; review performance requirements for source control and site design BMP’s, storm water pollutant control BMP’s and hydromodification management BMP’s. For a Standard WQMP verify project information and ownership, construction storm water BMP’s, post construction source control BMP’s and post construction site design BMP’s. For Priority Development Projects, verify onsite pollutant control BMP’s or combination BMP’s, BMP selection process and BMP sizing necessary to meet storm water pollutant control standards.
Storm Water Pollution Prevention Plans
Verify proper format and content; verify QSD certification and Legally responsible person, verify SWPPP requirements and content of Notice of Intent; review and verify project information, risk level determination and non-storm water discharges; review and evaluate best management practices and BMP inspection & maintenance requirements; review training requirements and responsible parties; review & evaluate monitoring and reporting requirements, sampling, analysis, and QA/QC requirements; review references documents.
Erosion and Sediment Control Plans
Verify plan adheres to City requirements; Verify WDID Number; Verify perimeter protection; Verify Inlet protection; Check BMPs with CASQA recommendations; Verify retention basin and BMPs, show building locations/setbacks perimeter walls and retaining walls; Verify stabilized construction entrance; Verify equipment staging areas; Verify materials storage areas; Ensure offsite inlet protection where applicable.
Traffic Scoping Agreements
Verify project location and scope; revive project scenarios; verify/review study intersections and roadway segments; review traffic forecasting for existing conditions, future growth, ambient growth and related projects; review/verify future changes to the transportation network; verify methodology; and, verify trip generation and distribution.
Traffic Impact Analysis
Confirm approval of scoping agreement; verify project characteristics; evaluate traffic forecasts and supporting data; review/verify existing conditions; review future conditions without the project including intersections and roadway segment analyzes; review future conditions with the project including intersections and roadway segments analyzes; and, review the transportation marnagement plan.
Signing and Striping Plans
Gather all available information including ‘as-builts’ and Conditions of Approval to adjacent existing improvements and future developments to provide a coordinated review. Review plans against current traffic engineering design standards, guidelines and practices; City standards for street construction; City’s Guidelines for Bicycle Facilities; adhere to the Caltrans Highway Design Manual, Caltrans Traffic Manual, CA MUCTD and Caltrans Standard Plans and Specifications. 31 12.12.a
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Traffic Signal and Interconnect Plans
Review and recommend approval of new traffic signal installations and traffic signal modifications including: review of proposed and verification of existing intersection geometrics, lane configuration and improvements; review/ verification of existing utilities, subsurface and overhead obstructions; verify general notes, construction notes and standard plan references; review pole locations, mast arm lengths and ADA compliance; review/evaluate conduit layout and sizing, pull box locations; verify controller location and type, service connection and pedestal location, review pole and equipment schedule, conductor schedule and phase diagram; verify location of loop detectors or video detection zones; review/verify directional and warning signage, street name signs (illuminated v. non illuminated); review and verify vehicle storage (que), striping, pavement markings and advanced warnings.
Street Light Plans and Voltage Drop Calculations
Verify conformance with the City’s Public Works Standards, Standard Specifications for Street Lights and drafting standards; Verify location at intersections, along roadways and placement within median islands; Verify pole spacing and illumination requirements; Verify pole height, mast arm length and luminaire; Verify foundation requirements and location, pedestal location, service points and availability of service; Verify conduit layout, size and material; Verify circuit design; Calculate voltage drop throughout system/circuit.
Engineering Cost Estimates
Verify format adheres to City requirements; Verify all information called out for construction is included; Check quantities against plan; Verify construction notes correspond; Verify correct unit costs; Ensure contingency included; Provide civil engineer’s stamp and signature.
Chino Unique Requirements for Engineering Cost Estimates • Shall use the January 1, 2016 template.
• The submitted estimate shall not alter any of the items description nor unit prices.
Supplemental Engineering Services
ERSC has provided general support services to the City of Chino during our current contract. ERSC can usually provide these services free-of charge because of their small demand. Occasionally, a larger request will generate a more labor-intensive response, at which time ERSC staff will provide the potential below services to the City.
Field Coordination
Conduct field observations to assure that proposed construction complies with approved plans and is in compliance with the most recently adopted codes, policies, standards and procedures. Participate in field reviews for proposed projects to develop scoping requirements for areas within development vicinity that are noncompliant in accordance with current adopted codes, policies, standards and procedures. Prepare cost estimate for required noncompliance construction necessary for the project.
ERSC can provide the registered engineer that reviewed the plans for field review of projects in construction against the approved plans. ERSC can also provide full-time construction observation staff if necessary.
Legal and Plats
Prepare legal descriptions and plat maps for deeds, easements, encroachment areas or other purposes to show the divisions of a piece of land prepared by a licensed Land Surveyor.
ERSC’s dedicated City Surveyor will perform these tasks.
Traffic Analysis
Preparation of related plans, documents, and technical studies on the impact and mitigations related to traffic circulation in compliance with the City’s TIA Guidelines.
ERSC’s subconsultant, STC Traffic, staffs registered traffic engineers and transportation design personnel that can field these tasks with compliance to all city and local requirements.
Traffic Control
Preparation of all temporary street, lane, shoulder and sidewalk closures. Temporary traffic control plans differ based roadway classification and closure type which may require the preparation of detour plans in addition to the actual closure.
ERSC’s subconsultant, STC Traffic, will perform the traffic control related functions during this contract period. 32 12.12.a
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Management Approach
The project schedule will be determined and maintained by the project applicant. The project review schedule shall be as stated in the RFP and as outlined below:
Submittal Standard Plan Review Review Start
First Submittal 10 Working Days Upon electronic access to all project documents.
Second Submittal 5 Working Days
Third Submittal 3 Working Days
Final Approval 2 Working Days
Delta Revision Pre-Construction 7 Working Days
Delta Revision During Construction 3 Working Days
For expedited project review, the following schedule will apply.
Expedited Plan Review Plan Pickup Expediting Fee
50% of Standard Plan Review Electronic 125% Standard Fee Comprehensive Electronic Record Keeping
All plan check information is saved on our network for access. Redlines, transmittals, emails, supporting documents, and tracking logs are all available to ERSC staff in a central location.
Comment Memo
As a part of the plan check process, ERSC
summarizes all plan check comments in
a memo format. Most frequently, our
comments are summarized by sheet
or section number and accompany the
redlines with delivery. Some additional
comments are occasionally included in
the memos when requesting additional
information or compliance with certain
conditions of approval. The memo is
compiled in word format to allow the
engineer of record to reply to any ERSC
comment.
Internal Tracking and Assignment
ERSC assigns plan checks to internal staff utilizing our dedicated plan review software platform. Plans are assigned to an engineer with the applicable due dates, notes, and other information. Upon review completion, the engineer will assign to QA/QC, who will review and add additional comments as necessary. When QA/QC is complete, the QA/QC will assign to admin staff for package and electronic delivery. This system allows ERSC to monitor status on a per-client and per-project basis to allow for adherence to established schedules and quality expectations.
Task Order Accounting
ERSC is familiar with the accounting for charges in plan check projects on a task order basis. We utilize Deltek Ajera (ERP), a Financial Management System that tracks time and expenses in real time. Using ERP , ERSC assigns each task an individual phase number in the system using City’s tracking/file information and the project name. Every hour logged on a time card is instantly reflected in our system.
This allows our project managers to control budgets as the project progresses. Upon invoicing, the City can reference each project’s charges by its tracking/file information and the project name as well as an overall cost accounting for the billing period. Hours spent, billing rates, and overall charges by project and team member are all available for reference on each invoice and in the ERP system.
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City Responsibilities
The below activities are required of the City for ERSC to provide adequate levels of service:
• Address consultant requests related to issues with City-owned software. Technical issues with e-Plan Soft (EPR) are the responsibility of the City and shall be addressed by City IT accordingly. • Each day that ERSC is not provided access to documents will be added to review time. • City Staff shall accurately and consistently title documents. Eg:
o Storm Drain 02 Pine Avenue – Plan Check 1
• City shall use the Attachment Feature available in EPR as outlined below:
o Reference Documents:
o All reference documents shall be properly labeled with “REF” for organization and accessibility of downloads. o ERSC Memos, checklists and cost estimates shall be received by the City using the “Attachment Feature” to eliminate emails to City and to ensure EOR receives comments.
• Credentials are issued and tested by City IT to ensure ERSC access. • ERSC will rely on email notification from a designated City representative for review of EPR assignments. City shall disable automatic email notifications from EPR to ERSC staff.
Any time of ERSC staff conducting, correcting, investigating, or any similar activities related to the above responsibilities of the City will be billed at the corresponding hourly billing rate.
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Appendix - Required Forms
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VI. CONFLICT OF INTEREST STATEMENT
Provide in this section a statement disclosing any past, ongoing or potential conflicts of interest that your firm, proposed staff, or any subcontractors may have as a result of performing this work.
If there is no conflict of interest then provide such statement in this section.
If there is a real or perceived conflict of interest that exists with the submission of a proposal, or would exist if the Proposer entered into an Agreement with the City of Chino in this proposal, full details should be provided in this section. Detail a plan to manage the conflict of interest.
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ________________________________________
*** End of Section 6 ***
NONE
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VII. ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS
I,
_______________________________, the______________________________________ (Title)
of __________________
_______________, certify that the Insurance Requirements set forth in (Proposer’s Company Name)
the P
roposed Agreement for RFP #2023-3002-DS – GENERAL PLAN CHECK SERVICES & OTHER RELATED ENGINEERING SERVICES have
been read
and understood. I certify that __________________________________________’s (Proposer’s Company Name)
ins
urance company(ies) ________________________________________ is/are able to prov
ide the (Name(s) of insurance company(ies)coverages specified.
Authorized Signature Date
John M. Brudin, PE
President
Engineering Resources of Southern California, Inc.
Engineering Resources of Southern California, Inc.
Travelers Property Casualty Company of America
April 20, 2023
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01225.0001/863604.2 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
No Special Requirements.
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01225.0001/863604.2 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall be compensated for the services p rovided under this Agreement in accordance with the budget and rates provided in Exhibit “C-1”.
II. T he City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.4.
III. T he total comp ensation for the Services shall not exceed the Cont ract Sum, as provided in Section 2.1 of this Agreement.
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FEE PROPOSAL
General Plan Checking Services
Submitted: April 20, 2023
EXHIBIT C-1 12.12.a
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Engineering Resources of Southern California, Inc. | Schedule of Rates Professional Staff
President ........................................................................... $285.00 Vice President ....................................................................$245.00 Sr. Principal Engineer ......................................................... $240.00 Principal Engineer ..............................................................$215.00 Assistant Principal Engineer .............................................. $200.00 Engineer V .........................................................................$180.00 Engineer IV ........................................................................$165.00 Engineer III ........................................................................ $150.00 Engineer II ......................................................................... $135.00 Engineer I .......................................................................... $120.00 Engineering Staff
Principal Engineering Associate .........................................$195.00 Senior Engineering Associate ............................................$175.00 Engineering Associate V .................................................... $155.00 Engineering Associate IV ................................................... $135.00 Engineering Associate III.................................................... $125.00 Engineering Associate II..................................................... $110.00 Engineering Associate I...................................................... $105.00 Engineering Aide II .............................................................. $60.00 Engineering Aide I ............................................................... $55.00 Survey Staff and Services
Principal Surveyor.............................................................. $200.00 Senior Surveyor .................................................................$165.00 Surveyor III ........................................................................ $130.00 Surveyor II ......................................................................... $115.00 Surveyor I .......................................................................... $100.00 2-Man Survey Crew (Std Equipment/Truck) ......................$300.00 1-Man Survey Crew (Std Equipment/Truck) ......................$235.00 3rd Man on Survey Crew ...................................................$130.00 Construction Support Staff
Construction Manager .......................................................$200.00 Chief Construction Inspector .............................................$155.00 Sr. Construction Inspector .................................................$145.00 Construction Inspector ......................................................$135.00 Inspector Overtime (Hours 8-12/Saturdays) ..................... $185.00 Inspector Overtime (Hours 12+/Sundays) .........................$220.00 Administrative Staff
Operations Manager ......................................................... $110.00 Operations Specialist ...........................................................$95.00 Administrative Assistant II ...................................................$85.00 Administrative Assistant I ....................................................$75.00 Other Direct Expenses
Vehicle Mileage ................................................ $0.70/Mile Subconsultant ...................................................Cost + 20% Reimbursable Expenses/Charges ..................... Cost + 15% Forensic Analysis ................................. Standard Rate X 2 Expert Witness .................................... Standard Rate X 3 NOTE: All rates hereon are subject to
automatic increase upon July 1st of each
year. Rates will be adjusted by the percent
increase in California Consumer Price Index-
All Urban Consumers for the twelve-month period
ending February as calculated by the California Department of Industrial Relations (CADIR) California Consumer Price Index Calculator. Prevailing Wage Rates are dictated by the CADIR.
All classifications which are subject to Prevailing Wages will be adjusted when revised determinations are published by the CADIR.
Unless otherwise established by contractual agreement,
payment is due and payable upon receipt. Payment is considered delinquent if not paid within 30 days of invoice date. If payment is not completed within agreed terms, Client agrees to pay a service charge on the amount past due at the rate of 1.5% per month (18% per annum).
January 1, 2023
EXHIBIT A
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F E E S C H E D U L E
Executive/Management Classifications Hourly Rate
Principal‐In‐Charge $270
Senior Principal Manager $250
Principal Manager $230
Senior Project Manager $210
Project Manager $200
Deputy Project Manager $190
Professional Engineering Classifications
Principal Engineer $230
Senior Project Engineer $200
Project Engineer III $180
Project Engineer II $150
Project Engineer I $130
Professional Planning Classifications
Principal Planner $190
Senior Project Planner $170
Project Planner III $160
Project Planner II $130
Project Planner I $110
Technical/Specialized Classifications
Senior Systems Engineer $200
Construction Manager $200
Systems Engineer $180
Construction Engineer/Senior Inspector $170
Other Classifications
Intern $90
Expert Witness $350
STC Traffic is a local business and there are no direct costs for mileage.
Outsourced reimbursable expenses such as printing and reproduction, deliveries and overnight shipping, computerized plotting, materials, etc., will be charged to the client at the consultant’s cost without mark‐ up.
EXHIBIT A
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DESCRIPTION
Principal In
Charge
Project Manager
QA/QC (Project
Manager)
Project Engineer
Principal
Surveyor (Survey
QA/QC)
Project
Administrator
TOTAL
$285 $215 $215 $120-$215 $240 $110
Rough Grading Plan Less than 10 Acres 0.25 0.25 0.50 8.00 1.00 1,462.50 $ Rough Grading Plan Greater than 10 Acres 0.50 0.25 1.00 12.00 0.50 2,146.25 $ Precise Grading Plan Less than 10 Acres 0.25 0.25 1.00 16.00 0.25 2,607.50 $ Precise Grading Plan Greater Than 10 Acres 0.50 0.25 2.00 24.00 0.50 4,041.25 $ Improvement Plan (ECE $0-25000) 0.25 0.25 0.50 8.00 0.25 1,380.00 $ Improvement Plan (ECE $25001-75000) 0.25 0.25 1.00 12.00 0.25 2,047.50 $ Improvement Plan (ECE $75001-125000) 0.50 0.25 2.00 16.00 1.00 2,976.25 $ Improvement Plan (ECE $125001 - 200000) 0.50 0.25 4.00 24.00 1.00 4,526.25 $ Improvement Plan (ECE $200001 +) 1.00 0.25 4.00 32.00 1.00 5,788.75 $ Erosion Control Less than 5 Acres 0.25 0.25 1.00 0.50 302.50 $ Erosion Control Greater than 5 Acres 0.25 0.25 1.00 0.50 302.50 $ Parel Map 0.25 2.00 1.00 1.00 683.75 $
Tract Map 0.25 4.00 2.00 1.00 1,203.75 $
Other Survey Related Document 0.25 2.00 1.00 0.25 601.25 $ Technical Study (Drainage Less than 3 Acres) 0.25 0.25 0.50 12.00 0.25 1,940.00 $ Technical Study (Drainage Greater Than 3 Acres) 0.25 0.25 0.50 18.00 0.25 2,780.00 $ Technical Study (Water Quality Less than 5 Acres) 0.25 0.50 4.00 0.25 748.75 $ Technical Study (Water Quality Greater than 5 Acres) 0.25 0.50 4.00 0.25 748.75 $ Technical Study/Plan (Traffic Related) 0.25 0.50 0.50 216.25 $ Technical Study (Geotechnical/Soils) 0.25 0.50 4.00 0.25 748.75 $ *Time and Cost for plan check/review will be dependent on size of project, quality/completeness of information submitted, responsiveness of developer's engineer, and ofther factors impacting the review. This information is intended for illustrative purposes only to conform to the requirements of the RFP. Actual review costs may vary.
Engineering Plan Check Average Cost Estimate
City of Chino
Plan Check/Technical Study Review Item*
EXHIBIT B
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01225.0001/863604.2 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely per direction from the Project Manager.
II. The Project M anager m ay approve e xtensions for performance of the s ervices in accordance with Section 3.2.
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Project Name/No.: ________________ Contr act No.: ______________ Project Manager: ________________ Approved: ______________
01225.0001/863604.2 (Long Form)
AGREEMENT FOR SERVICES
BETWEEN THE CITY OF CHINO AND
CANNON CORPORATION
(General Plan Check Services & Other Related Engineering Services) THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 1 st day of July 2023 (“Effective Date ”) by and between the City of Chino, a California municipal corporation (“ City”) and Cannon Corporation (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”
RECITALS
A. C ity has sought, by issuance of a Request for Proposals or Inv itation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant , following submission of a proposal or bid for the performance of the services defined and described particularly in Ar ticle 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Chino’s Municipal Code, City has authority to enter into and execute this Agreement.
D. The Par ties desire to formalize the s election of Consultant for per formance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, i n consideration of the mu tual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compl iance with all terms and condit ions of this Agreement, the Consultant shall provide those services specified in the “ Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be ref erred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, a nd professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder
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01225.0001/863604.2 2
and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phr ase “highest professional standards ” shall mean Consultant shall meet or exceed those standards of practice generally recognized by competent firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Services shall include the scope of work i ncluded in Consultant’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agre ement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with , all ordinances, resolutions, statutes, rules, and regulations of the City an d any Federal, State or local governmental entity having j urisdiction in effect at the time service is rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Lab or Code Section 1720 et seq. a nd California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code se ction 1770 et seq. and 1810 et seq., and all other appli cable laws, as they pertain to such work, including the following requirements:
(a) DIR Monitoring and Enforcement. The public work and/or maintenance work performed under this Agreement shall be subje ct to compliance monitoring and enforcement by the Department of Industrial Relations ( “DIR”). Consultant shall post job site notices, as prescribed by regulation.
(b) P revailing Wages . Consultant shall p ay prevailing wages to the exte nt required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copi es of the prevailing rate of per diem wages are on file at City Hall a nd will be made available to any interested party on request. By initiating any work under this Agree ment, Consultant acknowledges receipt of a copy of th e DIR determination of the prev ailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) P enalty for Failure to Pay Prevailing Wages. Consultant s hall comply with and be bound by the provisions of Labor Co de Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the pe nalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, for feit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined
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by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records . Co nsultant shall comp ly with and be bound by the provisions of Labor Code Section 1776, which require s Consultant and each subcontractor to:
keep accurate payroll records and verify such records in w riting under penalty of perjury, as specified in Sectio n 1776; ce rtify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) A pprentices . Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, a nd 1777.7 and California Co de of Regulations T itle 8, S ection 200 et seq. concerning the empl oyment of apprentices on public works projects. Consultant shall be responsible for compliance w ith these aforementioned Sections for all apprenti ceable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any a pplicable apprenticeship program. Within sixty (60) days aft er concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) E ight- Hour Work Day. Consultant acknowledges that e ight (8) hours labor constitutes a legal day's work. Co nsultant shall comply with and be bound by Labor Code Section 1810.
(g) P enalties for Excess Hours . Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forf eit twenty-five dollars ($25) for each worker employed in the perf ormance of this Agreement by the Consultant or by any subcontractor for each calendar day during wh ich such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of t he provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consulta nt in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Work ers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer wil l be required to secure the payment of compensation to its employees if it has employees. By exec uting this Agreement, and in a ccordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code w hich require every employer to be insured against l iability f or workers' compensation or to undertake self-insurance 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.”
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(i) Consultant ’s Responsibility for Subcontrac tors. For every subcontractor who will perform work under th is Agr eement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapte r 1 (comme ncing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontr actor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without lim itation, conducting a review of the certified payroll re cords of th e subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently ta ke corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain a t its sole cost and expense such licenses, permits and approvals as may be required by law for the performanc e of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may b e imposed by law and arise from or are necessary for the Consultant’ s per formance of the services requi red by this Agreement, and shal l indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
By executing this Agre ement, Consul tant warrants that Consultant (i) has thoroughly investigated and considered the sco pe of services to be performed, (ii) has carefully considered how the services should be performed, and ( iii) fully understands the fac ilities, difficulties an d restrictions attending performance of the services under this Agreement. If the services i nvolve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to c ommencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consult ant’s risk until written instructions are received from the Project Manager.
1.7 Software and Computer Services.
If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer t echnology, Consultant repr esents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer t echnology provided and/or installed by Consultant unde r this Agreement is compat ible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.
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1.8 Care of Work.
The Consultant shall adopt reasonable met hods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, pa pers, documents, plans, studies and/or other components the reof t o prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.9 Further Responsibilities of Parties.
Both par ties agre e to use reasonable care and diligence to perform their respective obligations under this Agreement. B oth parties agree to act in good faith to execute all instruments, prepare all documents and take all action s as may be reasonably necessar y to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.10 Additional Services.
City shall have the right , subject to state law and the City’s M unicipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a wr itten order is first given by the Project Manager to the Consultant , incorporating the rein any adjustment in (i) the Contract Sum for the actual costs of the extra work , and/or (ii) the time to p erform this Agreement, which s aid adjustments are subject to the wr itten approval of the Consultant. Any increase in compensation for extra work sh all require the approval of City Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the i ncrease does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Sect ion shall not apply to services specifically set forth in the Scope of Service s. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensat ion therefor. City may in its sole and absolute discretion ha ve sim ilar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreemen t, if any, which are made a part hereof are set forth in the “ Special Requ irements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant t he amounts specified in the “ Schedule of Compe nsation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Twenty- Five Thousand Doll ars ($125,000) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
2.2 M ethod of Compensation.
The metho d of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completio n of the servic es, less contract retention; (iii) payment for time and materials based upon the Consultant’ s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract re tention is main tained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and nec essary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance o f Consultant at all project meetings reasonably deemed necessary by the City .
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilita te such coordina tion, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during t he preceding m onth in a form a pproved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement . Consultant shall not invoi ce City for any duplicate services performed by more than one person.
All invoices shall be submitted by email to [email protected] . Each invoice is to include:
(a) Line items for all personnel describing the wor k performed, the number of hours worked, and the hourly rate.
(b) L ine items for all materials and equipment properly charged to the Services.
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(c) Line items for all oth er approved reimbursable expenses claimed, with supporting documentation.
(d) Line i tems for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agre ement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Cer tified Payroll and proof that C ertified Payr oll has been subm itted to the DIR.
Consultant shall also submit a list of the prevailing wa ge rat es for all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first invoice. If these rates change at any time during the t erm of the Agreement, Consultant shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.
City shall independently review each invoice sub mitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use i ts best efforts t o cause Consultant to be paid within forty- five (45) days of receipt of Con sultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarante e that paymen t will occur with in thi s t ime period . In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitu te a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
2.6 Contingency of Funds.
Consultant acknowledges that funding or portions of funding for this Agreem ent may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of Calif ornia to City; or inclusion of sufficient f unding for the ser vices hereunder in the budget approved by Chino City Council for each fisc al year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise lim ited, City may immediately terminate or modify this Agreement without penalty.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
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3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant , extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.
3.3 F orce Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered purs uant t o this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant , including, but not restricted to, acts of God or of the public enemy, unusually severe weat her, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, str ikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City , if the Consultant shall within ten (10) days of the comm encement of such delay n otify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for t he period of the enforced delay when and if in the judgment of the Pr oject Manager such delay is justified. The Project Manager ’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to re cover damages against the City for any delay in the performan ce of this Agreement, however caused, Consultant’ s sole remedy being exten sion of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in ful l force and effect until c ompletion of the services, which shall be no later than June 30, 2024, except as otherwise provided i n the Schedule of Performance ( Exhibit “D”).
This Agreement may be renewed by a written amendment for up to an additional two (2) year(s) at the o ption of the City if the City is satisfied with the quality of service s per formed by Consultant under this Agreement.
ARTICLE 4. CO ORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“ Principals”) are hereby designated as being the principals and representatives of Consultant authoriz ed to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Gary Solsona, PE, QSD Public Works Manager
(Name) ( Title)
Larry Kraemer, PE D irector, Public Works Division (Name) (Title)
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It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals w ere a substantial inducement for City to enter into th is Agreement.
Therefore, the fo regoing principals shall be r esponsible during the term of this Agreement for directing all activities of Consultant and devoting suff icient time to personally supervise the services hereunder. All personnel of Consultant , and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreem ent, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’ s staff and subcontractors, i f any, assigned to perform the s ervices required under this Agreement.
Consultant shall notify City of a ny changes in Consultant’s sta ff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any suc h performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unl ess such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shal l not at any time or in any ma nner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. N either Consultant, nor any of Consultant’ s officers, employees or agents, shall obtain any rights to r etirement, health care or any other benefits which may otherwise accrue to City ’s employees. Consultant expressly waives an y cla im Consultant may have to any such rights.
4.3 Project Manager.
The Project Manager shall be the Director of Development Services or any other person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shal l refer any decisions which must be made by City to the Proje ct Manager.
Unless otherwise specified herein, any approval of City required hereunde r shall mean the approval of the Pro ject Manager . The Project Manager shall have authority, if specified in writing by the City Manager , to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant , its agents or employees, perform the service s required herein, except as otherwise set forth herei n. City shall have no voice in the selecti on, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of servic e. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all time s as to City a wholly independent contractor with only such obliga tions as are consistent with that ro le. Consultant
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shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowled ge, capability and reputation of Consultant , its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract w ith any other entity to perform in whole or in part the services required hereunder without the express written approval of the City . In ad dition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City . Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant , taking all transfers into account on a cumulative basis . In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant sha ll obtain, provide and maintain at its own expense during the term of t his Agreement, policies of insu rance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant s hall maintain commercial g eneral liability insurance with coverage at least as broad as Insu rance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy m ust include contractual liability that has not been amended. Any e ndorsement restricting standard ISO “insured contract” language will not be accepted.
(b) A utomobile liability insurance . C onsultant shall maintain automo bile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and prope rty damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including covera ge for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) P rofessional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance tha t covers t he Services to be performe d in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the e ffective date of this
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Agreement and Consultant agrees to maintain c ontinuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Worke rs’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) S ubcontra ctors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements fo r each subcontractor. All coverage s for subcontractors shall include all of the requirements stated herein.
(f) A dditional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 G eneral Insurance Requirements .
(a) Proof of insurance. Consu ltant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insura nce certificates and endorsemen ts must be approved by City’s Risk Manager prior to commencement of performance. Current certificat ion of insurance shall be kept on fi le with City at all times during the term of this Agreement . City reserves the right to re quire complete, certified copies of al l required insurance polic ies, at any time.
(b) D uration of coverage. Consultant shall proc ure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) P rim ary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herei n may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provisio n that such coverage shall also apply on a primary and non - contributory basis for the benefi t of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) C ity ’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or i s 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 cancel this Agreement. (e) A cceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance C ommissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an
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assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the l atest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to wai ve su brogation against City, it s elected or appointed officers, agents, officials, employees and volunt eers or shall specifically all ow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereb y waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) E nforcement of contract provisi ons (non -estoppel). Consultant acknowledges and agrees that an y act ual or alleged failure on the part of the City to inform Consultant of non- compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) R equirements not limiting . Requirements of specific co verage features or limits contained in this section are not intend ed as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than t he minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in e xcess of the specified minimum limits of insurance and coverage shall be available to the City. (i) N otice of cancel lation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of c overage for each required coverage.
(j) A dditional insured status . General liability policie s sha ll provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such polic ies. This provision shall also apply to any excess/umbrella liability policies.
(k) P
rohibit ion of undisclosed coverage limitati ons. None of the coverages required he rein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) S eparatio n of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom clai m is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
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(m) Pass through clause. Consultant agrees to ensure that its subconsul tants, subcontractors, and any other party involved with the project who is brought onto or involved i n the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all s uch coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of t his section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) A gency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) S elf -insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) T imely no tice of claims . Consultant sha ll give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) A dditional i nsurance. Consultant shall also procure and maintain, at its own cost a nd expense, any additional kinds of insurance, which in its own judgme nt may be necessary for its proper protection and prosecution of the work.
5.3 I ndemnific ation.
To the full extent perm itted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employe es and agents ( “Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actio ns, either judicial, administrative, arbitration or regulatory claims, damages to persons or property , losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, fi rm or entity arising out of or in connection with the negligent pe rformance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, o r invitees, or any individual or entity for which Consultant is legally liable (“indemnitors ”), or arising from Consultant’ s or indemnitors’ reckless or willful misconduct, or arising from Consultant’ s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any actio n or actions filed in connection with any of said claims or liabilitie s and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
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(b) Consultant will promptly pay any judgment rendered against the City, it s officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent perfor mance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and h old the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City , its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or i n connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the Ci ty, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys ’ fees.
Consultant shall incorporate similar indemnity agreements w ith its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of C ity to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply t o claims or liabilities occurr ing as a result of City ’s sole negligence or willful acts or omiss ions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City ’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligenc e, recklessness or willful misconduct of the design professional . The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers , books o f accounts, invoices, vouchers, canceled checks, reports, studies or other documents rel ating to the disbursements charged to City and services performed hereunder (the “ books and recor ds”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any aud it is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
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6.2 Reports.
Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performe d pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniqu es, or events that may or will materially increase or decrease the cost of the work o r services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and th e estimated increased or decrease d cost related thereto and , if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant , its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its f ull rights of ownership use, reus e, or assignment of the documents and materials hereunder. Any use, reuse or assignment of s uch c ompleted documents for other projects and/or use of uncompleted documents without specific written authorization by the Consul tant will be at the City’s sole risk and without liability to Consultant , and Consultant’ s guarantee and warranties shall not extend to such use, re use or assign ment. Consultant may retain copies of suc h documents for its own use. Consultant shall have the right to use the concepts embodi ed therein.
All subcontractors shall provide for assignment to City of any documents or mate rials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damage s resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “ works made for hire ” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior writ ten authorization from the Project Manager.
(b) Consultant , its officers, employees, agents or subcontractors, shall not, without pr ior written authorization from the Project Manager or unl ess reques ted by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work per formed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
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(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or w ork product in violation of this Agre ement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant s hall promptly notify City should Consultant , its officers, employees, agents or subcontract ors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement s hall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the St ate of California. Legal actions concerning any dispute , claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenant s and agrees to submit to the personal jurisdiction of such court in the event of such act ion. In the event of litigation in a U.S. District Court, venue shall lie exclusi vely in the Central District of California, in the County of San Bernardino, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in w hich Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, i f circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect t o pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article . Any failure on the part of the City to give notice of t he Consultant’ s default sh all not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
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dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City , and (ii) all amounts for which City ma y be liable to third parties, by reason of Consultant’ s acts or omissions in performing or failing to perform Consultant’ s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obli gations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of an y provision of this Agreement.
Acceptance by City of any work or s ervices by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies ex pressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either par ty of one or more of such ri ghts or remedies shall not preclude the exercise by it, at the same or different times, of a ny other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agr eement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consu ltant, except that where termination is due to the fault of the Consultant , the period of notice may be such shorter time as may be det ermined by the Proj ect Manager . I n addition, the Consultant reserves the right to ter minate this Contract at any time, with or without cause, upon sixty (60)
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days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager . Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager , ex cept as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable val ue of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant t o fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completio n of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to a ny action or proceeding in any way conne cted with this Agreement, the prev ailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney ’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party e ntitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litig ation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be persona lly liable to the Consultant , or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Co nsultant or t o its successor, or for breach of any obligation of the terms of this Agreement.
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8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manne r with the interests of City or which would in any way hinder Cons ultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such inter est shall be employed by it as a n officer, employee, agent or subcontractor without the express wr itten consent of the Project Manager . Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interest s of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement w hich a ffects her/ his financial interest or the financial interest of any corpora tion, partnership or association in which (s)he is, d irectly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregatio n of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative act ion to insure tha t applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in co nnection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed a gainst City f or such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys ’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request , document, consent, approval, or commu nication eithe r party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City
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Manager and to the attention of the P roject Manager (with her/his name and City title), Ci ty of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant , to the person(s) at the address de signated on the execution page of this Ag reement. Either party may change its address by not ifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the author ship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreem ent including the attachments heret o is the entir e, co mplete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting t his Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid u nless made in wri ting and approved by the Consultant and by the Ci ty Council. The parties agree that t his requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the ev ent that any one or more of the phrases, sen tences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceabil ity shall not affect any of the remaining phra ses, sentences, clauses, paragrap hs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision i s so material that its inva lidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any of ficial, officer, or employee of C ity participate in any decision relating to this A greement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association i n which (s)h e is directly or indirectly inter ested, or in violation of any corporation, partnership, or association in which (s) he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of
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“financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City offi cial, officer, or employee, any money, considerati on, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represen ts that (s)he/it has not engage d in any act(s), omission(s), or ot her conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of cons equence of obtaining or being award ed any agreement. C onsultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will re nder this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, ( ii) they are duly authoriz ed to execute and deliver this Agreement on behalf o f said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:
Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Warren Morelion, AICP
Interim Director of Development Services
CONSULTANT:
CANNON CORPORATION
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Cons ultant is a corporation, with one si gnature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
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EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s Proposal, attached hereto as Exhibit A-1 (the entirety of which is on file with the Development Servi ces Department).
II. All wor k pr oduct is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
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RFP # 2023-8001-DSRFP # 2023-8001-DS
General Plan Check and Other General Plan Check and Other Related Engineering ServicesRelated Engineering Services Cannon
Reliable Responsive Solutions
ChinoChino
City ofCity of
EXHIBIT A-1
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Cannon
Table of Contents
Cover Letter ..............................................................................................................................1 Section 1: Qualifi cations, Relevant Experience, and References ........................2 • Firm Pro fi le
• C lient References
Section 2: Proposed Team ......................................................................................7 • Organization Chart
• R esumes
Section 3: Detailed Work Plan ............................................................................ 13 • Understanding
• Approach
• Scope of Work
Fee proposal submitted in a separate cost file.
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Cannon
Jesus Plasencia, Assistant City Engineer
City of Chino
13220 Central Avenue
Chino, California 91710
Subject: Qualifications for General Plan Check Services and Other Related Engineering Services
Dear Mr. Plasencia:
The City of Chino (City) is seeking a thorough and high-quality civil engineering fi rm to provide general plan check and other related engineering services on an as-needed, on-call basis. For the past six years, Cannon has served as the City’s Plan Check Consultant in reviewing commercial, industrial, residenƟ al development, and capital improvement projects for compliance with State, County, and City engineering codes and requirements. We have experienced the City’s rapid economic growth in employment, housing, and populaƟ on throughout our Ɵ me providing plan check services. We have fulfi lled our commitment to the City by providing the right team and extensive resources to meet develop demands.
We look forward to working with the City again in delivering quality, expedited and cost effi cient services, and bring the following benefi ts to City:
Experienced and commiƩ ed plan check team: Cannon’s team is led by development plan check manager and primary point of contact, Gary Solsona, PE, QSD, who brings more than 20 years of engineering experience to the project. Our three, lead senior plan check engineers, Jay Kanani, PE; and Bijan Yazdani, PE have 85 cumulaƟ ve years of plan check experience in grading, drainage, hydrology and hydraulic studies; and water quality management plans (WQMP) for residenƟ al, commercial, and industrial land development projects. Read more about our team’s qualifi caƟ ons on pages 7-11. We have also included traffi c, street lighƟ ng, survey, and structural team members to round out our team and provide experƟ se in each subject area. We have selected LOR Geotechnical Group, Inc. who will provide geotechnical services, and TJW who will provide Traffi c Signal and Interconnect Plans, and Traffi c Analysis.
Thoroughness, Quality, and Responsiveness: We understand the Citys plan check processes, procedures, and the City and the County of San Bernardino-based codes and standards. Our team prioriƟ zes a keen aƩ enƟ on to detail and quality reviews with clear comments to avoid repeaƟ ng comments in subsequent plan submiƩ als.
Electronic Plan Check Process (e-PlanREVIEW): Having received formal training of e-PlanREVIEW alongside City staff and as current licensed users with the City, our plan check engineers are experienced in navigaƟ ng, accessing, and conducƟ ng plan check reviews using this web-based plan check program. We will apply our knowledge and experience of e-PlanREVIEW to “hit the ground running” and effi ciently provide plan check reviews, make comments, request changes and/or apply status updates to “CorrecƟ ons Needed” or “Approved”.
Cannon aƩ ests that all informaƟ on submiƩ ed with the proposal is true and correct. Cannon acknowledges receipt of Addendum No. 1 dated April 12, 2023. This proposal is valid for 120 days from the date of submiƩ al to the City. I, Gary Solsona, am available at the contact methods below should you have any quesƟ ons regarding our qualifi caƟ ons. We look forward to working with the City.
Sincerely,
incerely,
April 20, 2023
Gary Solsona, PE, QSD*
Public Works Manager
16842 Von Karman Avenue, Suite 150
Irvine, CA 92606
949.777.1580 [email protected]
Larry Kraemer, PE
Director, Public Works Division
1050 Southwood Drive
San Luis Obispo, CA 93401
805.503.4542 [email protected]
*Authorized to bind the fi rm
Larry Kraemer, PE
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2CannonGeneral Plan Check Services and Other Related Engineering Services Qualifications, Relevant Experience, References
11 As a full-service engineering, surveying, and construcƟ on management fi rm, we take pride in our ability to off er
clients a broad range of services. Our commitment to
providing clients Reliable Responsive SoluƟ ons, whether the project scope is expansive or more specialized, spans 47 years.
Our staff of professionals includes registered civil,
structural, mechanical, and electrical engineers; licensed land surveyors; construcƟ on managers; instrumentaƟ on
and controls (SCADA) specialists; Geographic InformaƟ on System (GIS) specialists; and planners. In addiƟ on, we employ experts in 3D scanning and modeling, permiƫ ng
and compliance, Low Impact Development (LID), and the
LEED cerƟ fi caƟ on process.
With more than 135 professionals, Cannon can provide
services from grant management and project planning
through design, construcƟ on, and project closeout. We
have extensive experience in general civil plan checking services; map check services; design; surveying services; street rehabilitaƟ on, widening, and improvement projects; and major street, storm drain, right-of-way, water, sewer, and dry uƟ lity design.
Cannon provides preliminary engineering studies and
master planning for drainage faciliƟ es, hydrology and
hydraulics, water uƟ liƟ es, sewer, and dry uƟ liƟ es. We have strong experience in the preparaƟ on of engineering documents for each phase of design and construcƟ on:
conceptual design, preliminary design, fi nal engineering, construcƟ on documents, construcƟ on support, and
construcƟ on management.
Office Locations
Services for the City will be provided primarily from
our Irvine offi ce with support from our other offi ces, if needed. Cannon offi ce locaƟ ons include the following:
Irvine
16842 Von Karman Ave.
Suite 150
Irvine, CA 92606
949.753.8111
Ventura
305 S Kalorama St.
Suite A
Ventura, CA 93001
805.544.7407
Los Angeles
11900 W Olympic Blvd.
Suite 530
Los Angeles, CA 90064
310.664.1166
San Luis Obispo
1050 Southwood Dr.
San Luis Obispo, CA 93401
805.544.7407
Cannon Corporation – Providing Reliable Responsive Solutions Since 1976 For any quesƟ ons concerning this proposal submiƩ al,
please contact Mr. Solsona at the phone numbers or
email provided below:
Gary Solsona, PE, QSD
Public Works Manager
16842 Von Karman Avenue
Irvine, CA 92606
949.777.1580
📱 909.234.7857
[email protected]
the phone numbers or
D
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3CannonGeneral Plan Check Services and Other Related Engineering Services Experience and Technical Competence
Meeting the City’s Expectations
Our team has direct experience working on similar
development plan checking services, improvement plans,
and related report service contracts with public agencies throughout Southern California and are very familiar with the City’s grading checklist, municipal codes, standards, and requirements.
We’ve developed a comprehensive and dynamic program
to successfully deliver on-call plan check and map check review services for our clients to review subdivision maps, hydrology and hydraulic reports, street improvement
plans, grading plans, water and sewer plans, WQMPs,
uƟ lity permit review, survey maps, enƟ tlements, and
easement plans. We understand the importance of, and
place a heavy emphasis on, proacƟ ve communicaƟ on,
responsiveness, and fl exibility when providing on-call
services. We are accustomed to being ready when
called upon for specifi c assignments to exceed client
expectaƟ ons.
Our team has the proven ability to streamline the plan
check review process based on the systems and templates we’ve created (such as our plan check log) to confi rm
quality and promptness. Cannon is strongly commiƩ ed to serving our clients by listening to their project objecƟ ves, producing quality work, and compleƟ ng plan check
reviews early or on Ɵ me, and within budget.
Experience Working with Municipalities
Cannon has had the opportunity to build professional
relaƟ onships with many ciƟ es, counƟ es, and local agency representaƟ ves throughout California. The following
abbreviated list presents a summary of municipal enƟ Ɵ es we have worked with:
• City of Chino
• City of Corona
• City of Riverside
• County of Riverside
• City of Menifee
• City of HunƟ ngton
Beach
• City of Fullerton
• City of El Monte
• City of Diamond Bar
• City of Santa Ana
• County of Los Angeles
Dept. of Public Works
• City of HunƟ ngton Park
• City of Santa Monica
• City of Beverly Hills
• City of Gardena
• City of Bell
• City of Lakewood
• City of Glendale
• City of Pico Rivera
• City of Simi Valley
• City of Westlake Village
• City of Thousand Oaks
• City of Lancaster
• City of Santa Paula
• City of Ventura
• Ventura County Water
• City of Carpinteria
• City of Montecito
• County of Santa Barbara
• City of Santa Barbara
• City of Goleta
• Santa Ynez Community
Services District
• City of Buellton
• City of Solvang
• City of Santa Maria
• City of Guadalupe
• County of San Luis
Obispo
• City of San Luis Obispo
• City of Paso Robles
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4CannonGeneral Plan Check Services and Other Related Engineering Services Financial Stability
As a growing, fi nancially stable organizaƟ on, we are proud of the good credit raƟ ng we have earned from Dunn &
Bradstreet in an industry dominated by fair and poor
raƟ ngs. Cannon has not been debarred, suspended, or
otherwise declared ineligible to contract by any federal, state, or local public agency, and has not had a contract terminated for breach with a client.
Cannon has the fi nancial resources and regular staffi ng to provide responsive, reliable services to the City of Chino, and is able to maintain our proposed project team (including subconsultants) to facilitate the Ɵ mely and conƟ nuous performance of work.
Litigation History
Cannon has never been disqualifi ed, removed, or
otherwise prevented from bidding on, or compleƟ ng
a federal, state, or local government project due to a
violaƟ on of a law or safety regulaƟ on. We have provided the following descripƟ ons regarding liƟ gaƟ on Cannon is currently party to:
Moylan Terrace Homeowners AssociaƟ on: J.W. Design &
ConstrucƟ on, Inc. (Builder) was the prime contractor for the Moylan Terrance condominium housing project in
San Luis Obispo. In December 2020, the Moylan Terrace
Homeowners AssociaƟ on (HOA) presented the Builder
with a NoƟ ce of Commencement of LiƟ gaƟ on in which
it alleged construcƟ on defects at the project. In the
noƟ ce, HOA makes claims against the Builder, the general contractor and all subcontractors regarding the design
and construcƟ on of the project. Cannon was the structural engineer for the project.
At this early stage there is liƩ le known about the substance of the claims, damages being sought or whether any claims involve the structural design. The project was covered by a contractor wrap policy that may cover all claims against the parƟ es named in the suit.
County of Santa Barbara v Rosser InternaƟ onal, Inc. and Does, 1 through 20, CA Superior Court in Santa Barbara
County, Case No. 19CV03608 The County of Santa Barbara
(County) contracted with Rosser InternaƟ onal, Inc. (Rosser) to serve as the project’s Architect of Record for the
design and construcƟ on of a jail in Santa Barbara County, commonly known as the Northern Branch Jail Project.
At the Ɵ me of contracƟ ng, Rosser was an architectural fi rm based in Atlanta, Georgia. The project was put to bid and S.J. Amoroso ConstrucƟ on Company (Amoroso) was
selected as the project’s General Contractor. Cannon’s
counsel understands that Amoroso has made a signifi cant claim—in excess of $3,000,000—against the County, and
the County has, in turn, fi led its claim against Rosser and all its subconsultants (Does, 1 through 20) on the Project.
Cannon provided structural engineering services for the project under a contract with Rosser. Throughout the
duraƟ on of the project, Rosser was plagued by fi nancial struggles arising from their underperforming projects in the Middle East, which detrimentally impacted Rosser’s
ability to carry out its role as the Project’s Architect of Record. While construcƟ on was underway for this
project, Rosser laid off approximately 2/3 of its staff and ulƟ mately declared bankruptcy. This is alleged as a basis for performance failures and resulƟ ng liability of Rosser in the County’s Complaint.
The Complaint makes just one allegaƟ on that appears
to be aimed at Cannon: “incorrect top of wall structural connecƟ ons.” Cannon knows of no other potenƟ al errors in its performance and is currently seeking to resolve this one issue and be dropped from this liƟ gaƟ on.
Pismo Beach Pier Project: Cannon provided the City of
Pismo Beach construcƟ on management services for a
renovaƟ on project commonly known as the Pismo Beach
Pier Project. The project began construcƟ on in October 2019 and it was completed around September 2020. One
component of the project was a set of slides that guests visiƟ ng the area could use to slide from the pier entrance area to the sand. Several individuals have fi led suit
against the City and all designers, contractors and other subcontractors for the project, including Cannon claiming, to have been injured due to improper design of the slides and their safety features.
Cannon, as the project’s ConstrucƟ on Manager, was
far removed from any design, approval, or installa-Ɵ on of the slides at issue. There is however clear evidence of acceptance and sign off by both the prime designer
(RRM Design Group) and a third-party special inspector
for playgrounds (Safeplay, Inc.), both of whom are also among those named in the liƟ gaƟ on. Based on Cannon’s
posiƟ on as a construcƟ on manager with no design scope whatsoever, Cannon has been advised and believes the
aƩ empt to in-clude Cannon among the defendants is
unfounded. Cannon is currently seeking to be dismissed
from this suit based both on defects in the pleadings,
as well as the more obvious lack of control that a con- strucƟ on manager could exercise over the design of the slides in quesƟ on.
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5CannonGeneral Plan Check Services and Other Related Engineering Services City of Santa Ana On-Call Plan Check Services
Santa Ana, California
Cannon is currently providing numerous broad-based plan checking duƟ es for the City of Santa Ana. Typical plan check services include grading, storm drain, hydrology reports, WQMPs, and street improvement plans. Project types include residenƟ al, commercial, and industrial.
Dollar Value: $1,690,132 Start/Finish: 2016 - in progress Staff : Gary Solsona - Project Manager, Bijan Yazdani - Plan Checker, Jay Kanani - Plan Checker, Marco Canta - Plan Checker, Karena Diep- Plan Checker, Aaron Tillmanns - Surveyor Reference: Taig Higgins, PE
Principal Engineer
City of Santa Ana
20 Civic Center Plaza, M-93, Santa Ana, CA 92701
714.647.5071 [email protected]
RELEVANT PROJECT HIGHLIGHTS
• On-Call Plan Check
• Grading Plans
• Street Improvement Plans
• WQMPs
• Hydrology and Hydraulic
Reports
• Erosion Control
Our Cannon Team has direct experience working on similar plan check service contracts with public agencies throughout Southern California. Cannon’s featured, relevant projects with-in the last fi ve years are presented below with key elements for the scope of work that the City may anƟ cipate and client contact informaƟ on.
City of Chino On-Call Civil Plan Check Services
Chino, California
Cannon is currently providing plan checking duƟ es for the City of Chino. Plan check services include grading, soils report reviews, sewer, water, storm drain, hydrology reports, WQMPs, street improvement plans, signing and striping plans, street lighƟ ng, parcel/tract maps, easements, and lot line adjustments.
Project types include residenƟ al, commercial, and industrial. Our survey team has acquired and reviewed record maps (tract maps, parcel maps, and record of surveys) adjacent to the annexaƟ on boundary and selected the most perƟ nent to create the annexaƟ on parcel.
Dollar Value: $648,000 Start/Finish: 2017 – in progress Staff : Gary Solsona - Project Manager, Bijan Yazdani - Plan Checker, Jay Kanani - Plan Checker, Karena Diep - Plan Checker, Aaron Tillmanns - Survey and Map Check
Reference: Jesus Plasencia, PE
Assistant City Engineer
City of Chino
13220 Central Avenue, Chino, CA 91710
909.334.3417 [email protected]
RELEVANT PROJECT HIGHLIGHTS
• On-Call Plan Check
• Grading Plans
• Storm Drains
• Hydrology Reports
• WQMPs
• Street Improvement Plans
• Wet UƟ lity Plans
• Signing and Striping Plans
• Street LighƟ ng
• Soils Report Reviews
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6CannonGeneral Plan Check Services and Other Related Engineering Services City of Lancaster Permit Plan Check Services
Lancaster, California
Cannon provides civil plan check and fi nal map plan checking for private development projects for the City of Lancaster on an as needed basis. Typical assignments include grading and erosion control plans, hydrology studies, street improvements plans, sewer plans, sewer area studies, water plans, soil reports, street light plans, Proto II wall calculaƟ ons, landscape plans, and bond esƟ mates.
Dollar Value: $550,000 Start/Finish: 2016 – in progress Staff : Gary Solsona - Project Manager, Bijan Yazdani - Plan Checker, Jay Kanani - Plan Checker, Karena Diep - Plan Checker, Alex Maestre - Street Light Plan Checker, Marco Canta - Plan Checker, Aaron Tillmanns - Surveyor Reference: Stephen Carillo, PE
Senior Engineer – Capital Programs
City of Lancaster
44933 Fern Avenue, Lancaster, CA 93534
661.723.6000 scarrillo@cityofl ancasterca.org
City of Fullerton On-Call Professional Engineering
Services and Private Development Plan Check
Fullerton, California
Cannon is currently providing enƟ tlement review services and plan checking duƟ es for the City of Fullerton. Plan Check services include grading, storm drain, hydrology reports, and street improvement plans. Project types include residenƟ al, commercial, and industrial.
Dollar Value: $515,000 Start/Finish: 2018 – in progress Staff : Gary Solsona - Project Manager, Jay Kanani - Plan Checker, Bijan Yazdani - Plan Checker, Karena Diep - Plan Checker Reference: Juan Zavala
Principal Civil Engineer / Public Works Department
City of Fullerton
303. W. Commonwealth Ave, Fullerton, CA 92832
714.738.6852 JZavala@cityoff ullerton.com
RELEVANT PROJECT HIGHLIGHTS
• On-Call Plan Check
• EnƟ tlement Reviews
• Hydroloŕy and Hydraulic
• Street Improvements
• Gradinŕ Plans
• Storm Drains
• Erosion Control
RELEVANT PROJECT HIGHLIGHTS
• On-Call Plan Check
• WQMPs
• Street Improvement Plans
• Drainage Plans
• Grading plans
• Sewer Plans
• Hydrology Studies
• Landscape Plans
• Street Light Plans
• Sewer Area Studies
• Soils Report
• Bond EsƟ mate
• Erosion Control Plans
• Water Plans
• Proto II Walls
• Final Map Plans
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7CannonGeneral Plan Check Services and Other Related Engineering Services Proposed Team
22 Principal-in-Charge
Larry Kraemer, PE
Project Manager
Gary Solsona, PE, QSD
Key Personnel
Organizational Chart
The following project organizaƟ onal chart illustrates our key personnel and support personnel who will provide plan check services, and their current workload and availability. Our key personnel will be available for the duraƟ on of the required services. We acknowledge that no person designated as “key” will be removed or replaced without the prior wriƩ en concurrence of the City.
Plan Checkers
Jay Kanani, PE - Drainage/Hydrology/WQMP
Bijan Yazdani, PE - Grading/Improvement Plans
Marco Canta, PE - Grading/Improvement Plans
Karena Diep, EIT - Grading/Improvement Plans
Alex Maestre, PE - Electrical / Street LighƟ ng Plans
Marshall Pihl, SE - Structural
Survey
and
Map Checks
Aaron Tillmanns, PLS
SUBCONSULTANTS
Soils Report Review
LOR Geotechnical Group
John Leuer, PE, GE
Traffic Plan Check
TJW Engineering
Thomas J. Wheat, PE, TE
Gene Kim, PE, TE
Key Team Member Capabilities
We have provided an overview of
our teams experience with similar
scope tasks in Table 1 on page 8.
Key Team Members / Role Current Project Workload % Available Gary Solsona, PE, QSD
Project Manager
Plan check services for CiƟ es of
Santa Ana, Fullerton, and Lancaster
25%
Jay Kanani, PE
Plan Checker 50%
Bijan Yazdani, PE
Plan Checker 50%
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8CannonGeneral Plan Check Services and Other Related Engineering Services Table 1
Team Members
Scope of Services
Development Plan Check Map Check
Building Plans and Title 24
Structural CalculaƟ ons (Proto Wall)
Grading, Drainage, and Erosion Control Plans
Site ExcavaƟ ons and/or PreparaƟ ons
Low Impact Development / WQMP
NPDES
Street Improvement Plans
Sewers
Storm Drains
Water Mains
Signing Striping Plans
Street LighƟ ng Plans
Traffi c Control
Traffi c Signals
Landscaping and IrrigaƟ on
Roundabouts
Hydrology Reports
Soils Report Review
ConstrucƟ on Cost EsƟ mates
Parcel / Tract Maps
Easement and ROW Documents
Lot Line Adjustments
CerƟ fi cates of Compliance
Gary Solsona, PE, QSD
Jay Kanani, PE
Bijan Yazdani, PE
Marco Canta, PE
Karena Diep, EIT
Alex Maestre, PE
Marshall Pihl, SE
Aaron Tillmanns, PLS
TJW Traffi c Plan Check
LOR Geotechnical
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13CannonGeneral Plan Check Services and Other Related Engineering Services Detailed Work Plan
33 PROJECT UNDERSTANDING
The City of Chino (City) is seeking an engineering
consultant to provide general plan check and map check
review services on an on-call, as needed basis. The services include review of the condiƟ ons of approval, reference material, agency / municipality standard plans and plan check requirements, accessibility, constructability /
clarity, maintenance, and general design for commercial, industrial, and residenƟ al development.
We have built our team around the understanding that
plan check services should be provided by or under the
responsible charge of a California Licensed Professional Engineer (and/or California Licensed Land Surveyor as
applicable).
From our years of experience, we have a good
understanding of the scope of work items, which may
include rough grading, precise grading, hydrology and
hydraulics, street improvements, street lighƟ ng, erosion control, water quality management plans (WQMP), water
and sewer plans, survey maps and easement plans, lot line adjustments, uƟ lity easements, and map recordaƟ on.
We’ve developed a comprehensive and dynamic program
to successfully deliver on-call plan checking review services for our clients. We understand the importance of proacƟ ve communicaƟ on, responsiveness, and fl exibility. We are
accustomed to being ready when called upon for specifi c assignments to meet your expectaƟ ons. Our team has the proven ability to streamline the plan check review process based on the systems and templates we’ve created (such
as our plan check log [Figure 1.]) to confi rm quality and promptness. Cannon is strongly commiƩ ed to serving
our clients by truly listening to their project objecƟ ves, producing quality work, and compleƟ ng plan check reviews early or on Ɵ me and within budget.
Learn more about our Work Product Review Process
and plan check review workfl ow on page 19.
APPROACH
Cannon’s approach to provide plan check and map check
services to the City includes the following key components:
• Responsiveness / CommunicaƟ on
• Experienced and CommiƩ ed Plan Check Team
• Plan Check Conformance
• FacilitaƟ ng the Plan Check Process
• Electronic Development Plan Checking
• Record Keeping and ReporƟ ng
• Turnaround Time
Responsiveness / Communication
At the top of this list of key components that will lead to project success is eff ecƟ ve communicaƟ on between
our internal review team and the City’s Project Manager and staff . This will confi rm we provide the City with the support they are looking to reduce the impact to poliƟ cally sensiƟ ve areas or disrupƟ on to the public. The closest possible rapport will be developed with the City’s Project Manager to understand special budget constraints, Ɵ me
schedules, and associated impacts. By building on excellent communicaƟ ons, we will more easily defi ne problem areas, technical requirements, and facilitate a smoother plan
check review and approval process.
Our responsiveness is aƩ ributed to our fi rm’s value of “Two to Four, Never More”. We want the City to know our teammates are available to take care of their needs. This means we check messages frequently so we can respond
within two to four hours and regularly communicate with City staff . We are “on call” with the City for this reason.
Natalie Sparrow MPH, ADA-C
Prior City of Chino ADA Coordinator
Figure 1. Sample of Cannon Plan Check Log
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14CannonGeneral Plan Check Services and Other Related Engineering Services Experienced and Committed Plan Check
Team
Within our highly skilled staff of engineers, project
managers, quality assurance / quality control (QA/QC)
team, and constructability reviewers are personnel that take their chosen profession very seriously. This team
strives for the highest quality of service for each project review. Because our plan check engineers have extensive design experience using local, regional, and other
applicable design standards on a day-to-day basis, we can confi rm the improvement plans and associated reports
and documents will meet the current applicable codes and standards.
We have also structured our team to have fl exibility with meeƟ ng varying workload sizes. In addiƟ on to our key
personnel, Cannon is ready to commence project work
immediately, should the need arise. We can meet short-
term workload needs by temporarily bringing in other
personnel and, with the City’s approval, meet long-term needs with the addiƟ on or removal of other trained staff .
Plan Check Conformance
Cannon also understands that, at a minimum, plan check
services will be provided in conformance with the most
current version of the following documents and standards as applicable:
• City of Chino’s Policy on Accessible Pedestrian
Features, adopted December 2019
• City of Chino’s Standard Specifi caƟ ons and Standard
Drawings
• City of Chino’s Specifi caƟ ons and General Notes
• City of Chino’s Plan Check Lists for Final Map, Grading, Sewer, Water, Storm Drain, Street, and Street LighƟ ng
• San Bernardino County Standard Plans
• California Building Code
• Standard Speci fi caƟ on for Public Works ConstrucƟ on (Greenbook)
• CondiƟ ons of Approval and Title Reports
• City of Chino ‘s Master Plan of Drainage, Sewer and
Water
• City of Chino’s Municipal Code
• Inland Empire UƟ liƟ es Agency (IEUA) Standards and
Design Guidelines
• San Bernardino County Technical Guidance Document
for Water Quality Management Plans
• San Bernardino Hydrology Manual
• Lot Line adjustment
• City benchmarks
• Approved Speci fi c Plans, Site Plans, Environmental
Documents, and/or TentaƟ ve and Final Maps
• Grants, easements, or vacaƟ ons as applicable
• Traverse, lot and tract boundary closures for fi nal or parcel maps subdivision map act
Facilitating the Plan Check Process
We understand the concern, need, and desire to approve
the plan check package at the fi rst submiƩ al. It has been our experience that when plan checks extend three review cycles, there is potenƟ ally an issue or concern that has not been addressed up front or there has been a breakdown in communicaƟ on. We have experienced success in the past
by implemenƟ ng the following approach:
• Timely and complete technical reviews of the
submiƩ ed plans and associated reports.
• Sound record keeping and documentaƟ on of
when plan reviews are submi
Ʃ ed, and returned,
correspondence fi les, meeƟ ng minutes (if necessary),
plan check mark-ups and reference materials. When
plan correcƟ ons are required, a wriƩ en plan correcƟ on list will be provided to the applicant, or the applicant’s agent(s).
• Upon the City’s permission, communicaƟ on between
plan reviewer(s) and the engineer/architect of record
through phone calls, e-mails, faxes and/or plan check
review meeƟ ngs, as needed. Keeping our client and
the project owners informed through CC’s of review
memo’s, e-mails and plan check logs.
Ehab Elias, Asst. Engineer II
City of Santa Ana
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15CannonGeneral Plan Check Services and Other Related Engineering Services Electronic Development Plan Checking
We are commiƩ ed to sustainable business pracƟ ces, as
we’ve been performing electronic plan check reviews
for the past 5 years. Our objecƟ ve with this process is to reduce waste and paper consumpƟ on and save money,
resources, and Ɵ me by eliminaƟ ng mail or courier delivery services for hard copy pack-ages, therefore reducing
vehicle emissions.
AddiƟ onally, we are aware the City uƟ lizes e-PlanREVIEW to perform plan check review of improvement plans,
technical studies and other documents. Our plan check
team is adept with e-PlanREVIEW having received formal
training on this cloud-based soŌ ware alongside City staff and we are currently licensed users with the City. We are familiar with navigaƟ ng through this cloud-based soŌ ware, such as:
• Reviewing open projects and “my assignments” .
• Adding plan check comments using the basic markup
tools, commenƟ ng tools (highlighƟ ng, measurement,
text box, etc.), response funcƟ onality, standard
comment library.
• Reviewing prior comments to check if they’ve been
resolved.
• Using the Overlay tool (overlapping squares) to
compare resubmiƩ als with prior submiƩ als.
• Changing status of plan check reviews to “CorrecƟ ons Needed” or “Approved”.
Already having experience with navigaƟ ng and uƟ lizing e-PlanREVIEW allows our plan check team to “hit the
ground running” on performing plan check reviews with
zero learning curve.
Record Keeping and Reporting
Through years of experience, we have developed
streamlined procedures that produce Ɵ mely, accurate, and consistent plan reviews. SubmiƩ ed improvement plans will be logged into a plan check log. The plan check log (see Figure 1 on page 13) tracks the engineer of record, types of improvement plans submiƩ ed, date submiƩ ed, due
date to be completed, and any signifi cant comments or
submiƩ al requirements outstanding for that plan review.
Cannon will provide regular updates (and as requested by the City) of the status of plan reviews to report progress and anƟ cipated return dates of outstanding plan check
projects.
As part of our project controls, Cannon will keep a record of when plans are received and returned in our plan
check log. Excellent communicaƟ ons will allow us to
defi ne quesƟ onable areas, technical requirements, and to facilitate a smooth review and approval process.
Turnaround Time
We take no excepƟ on to the turnaround Ɵ me as outlined in the City’s RFP. Upon our iniƟ al review of the plan check package, if addiƟ onal Ɵ me is determined upon our review, we will contact the City’s Project Manager to provide an explanaƟ on for the request for Ɵ me extension and obtain approval. If expedited reviews are requested, we are open to having discussions with the City and implemenƟ ng these types of reviews, if necessary.
Figure 2. Sample of Electronic Plan Check Comments
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16CannonGeneral Plan Check Services and Other Related Engineering Services
SCOPE OF SERVICES
The scope for potenƟ al tasks includes the following:
Mass, Rough and/or Precise Grading Plans
Cannon will review rough grading plans for substanƟ al
conformance to the approved documents from the
enƟ tlement process, including but not limited to tentaƟ ve map, drainage concepts (hydrology and hydraulics),
Preliminary Water Quality Management Plan, etc.
Review of precise grading plans consists of verifi caƟ on of detailed fi nish grade elevaƟ ons to show drainage paƩ erns, fl ow lines for lot drainage, proposed paving, conformance with FEMA requirements, grading plans are signed and
sealed by a registered civil engineer, and may include
idenƟ fying previous preliminary grading permits issued for the project site.
Street Improvement Plans
Cannon will review street improvement plans, provide
comments and recommend for approval. We will check
for compliance with City adopted standard drawings,
specifi caƟ ons, ADA standards (in compliance with the
City’s Policy on Accessible Pedestrian Features) and
applicable regulaƟ ons using Cannon’s in-house plan
check list or as provided by City staff . Services will include iniƟ al and subsequent reviews, full or parƟ al plan review services, interacƟ on with the City and recommendaƟ ons to the City staff for fi nal approval. To confi rm adequate document preparaƟ on, we will aƩ end project status
meeƟ ngs with the City staff (upon request) and with others as required to discuss status and/or details of the project.
We will verify code compliance of street geometrics,
typical secƟ ons showing cross slopes, centerline, right- of-way, dimensions and applicable construcƟ on notes,
verify minimum/maximum street profi le grades, grade
breaks, verƟ cal curve info, review street profi les of
centerline, leŌ and right curbs, confi rm AC/AB pavement structural secƟ on complies with City standard 100 and/or geotechnical report recommendaƟ ons, staƟ on/elevaƟ
ons
at key locaƟ ons, curb ramp details, driveway details,
working design secƟ ons, proposed drainage devices such as catch basins with local depressions, and review “join” condiƟ ons at limits of work. For any work within Caltrans Right-of-Way (intersecƟ ng State Routes 60, 71 and 83), we will verify compliance with the Caltrans Standard Plans and Standard Specifi caƟ ons.
Wet Utility Plan Review
Cannon will review wet uƟ lity plans, consisƟ ng of sewer, water, storm drain, and domesƟ c and/or recycled water, including, but not limited to, verifying conformance to the City design standards, constructability of the proposed wet uƟ lity design improvements considering site constraints, design requirements, corrosion protecƟ on requirements, exisƟ ng condiƟ ons, confi rm labels and calculaƟ ons of pipe slopes, pipe size, material, hydraulic data, fl ow rates (Q), velociƟ es, no confl ict at uƟ lity crossings, manhole/juncƟ on structure types and spacing ,confi rm street capacity
calculaƟ ons/analysis meets fl ood protecƟ on goals, and verify valves, meters, restraints, AR/AV calculaƟ ons, fi re hydrants, cleanouts and check the wet uƟ lity plans to
confi rm compliance with the City’s Storm Drain, Sewer and Water Master Plans, and IEUA standards for any IEUA-
owned and maintained faciliƟ es.
AddiƟ onal items for review include verifi caƟ on of basic separaƟ on standards for water mains and sanitary sewers/ storm drains in compliance with the California Waterworks Standards and California Department of Public Health
criteria to prevent contaminaƟ on of the public water
supplies, verifi caƟ on of pressure zone boundaries, if
necessary, for water improvements, confi rmaƟ on of
exisƟ ng storm drain and sewer structure capaciƟ es,
idenƟ fy potenƟ al uƟ lity confl icts, and compare manhole rim elevaƟ on versus pad elevaƟ ons.
Hydrology Studies and
Hydraulics Calculations
Cannon will provide preliminary design review of
hydrology/hydraulics technical reports for proposed
private development projects and aƩ end City design
review meeƟ ngs as necessary. Cannon will apply our
current plan check experience on drainage projects with the City’s specifi c requirements, such as 1) verifying the new site development will not place addiƟ onal stress on the exisƟ ng drainage system, 2) verify storm frequency of 100 years will not exceed the ulƟ mate street right-of- way and 3) sump condiƟ ons will carry a 100-year storm
frequency and have a secondary “emergency overfl ow”
outlet. AddiƟ onally, we will verify the proposed fi nished fl oor elevaƟ on of residenƟ al buildings are minimum of one foot higher than 100-year fl ood.
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17CannonGeneral Plan Check Services and Other Related Engineering Services WQMP Review Process
Cannon will review the WQMP Report submiƩ als to
confi rm compliance with the 2013 Technical Guidance
Document for Water Quality Management Plans for County
of San Bernardino. Our review of each WQMP submiƩ al
will consist of idenƟ fying the process that PermiƩ ees will employ for developing a Water Quality Management
Plan for new development and signifi cant redevelopment
projects.
Traffic Signal, Interconnect, Signing and
Striping, and Traffic Control
Cannon will verify conformance with applicable traffi c
engineering design standards, such as California MUTCD, Caltrans Traffi c Manual, Caltrans Highway Design Manual, American AssociaƟ on of State Highway, Work Area
Traffi c Control Manual, and NaƟ onal AssociaƟ on of City TransportaƟ on Offi cials Bikeway Design guide for bicycle faciliƟ es.
Our review will also assess various Intelligent
TransportaƟ on System (ITS) component designs (including changeable message signs, closed circuit television, etc.), traffi c safety studies, speed zone surveys, “red light” camera invesƟ gaƟ ons, parking studies, demonstraƟ on
projects, bicycle studies and faciliƟ es design, transit studies, truck studies, traffi c studies for new development, and traffi c signal coordinaƟ on Ɵ ming development.
We will verify that striping construcƟ on notes are
referencing the appropriate Caltrans Standard Plans A20A through A20G for striping and A24A through A24H for
pavement markings. We will also verify other traffi c related items meet minimum standards, such as lane widths, taper lengths, sign placement, crosswalk width, etc.
Traffic Analysis Review
We will verify conformance to specifi c circulaƟ on plans, including transportaƟ on management plans, master
plans of streets and highways, general circulaƟ on plans and coordinaƟ on of these plans with those developed by metropolitan planning organizaƟ ons.
Since we recognize the City’s need to balance the
economic advantages of increased development and
redevelopment projects, our review includes idenƟ fying the potenƟ al negaƟ ve impacts to travel demand
forecasƟ ng models, traffi c fl ow, circulaƟ on, and parking that such projects could create. This approach also consists of verifying exisƟ ng traffi c site condiƟ ons and future condiƟ ons with various project alternaƟ ves consisƟ ng of “no-build” to “most impacƞ ul”.
Street Light Plans and Voltage
Drop Calculations
We will provide plans review for street lighƟ ng and voltage drop calculaƟ ons. Work will include public street lighƟ ng plan checking and voltage drop calculaƟ on services in
the City. There will be coordinaƟ on with client and uƟ lity consultant to verify electrical service pedestal locaƟ ons and street light standard specifi caƟ on.
CoordinaƟ on with the City for verifi caƟ on of City approved street lighƟ ng standard. Voltage drop calculaƟ on services will include verifying voltage drop for branch circuits and adequate wire and conduit sizing for the street lighƟ ng project. Plan check requirements, specifi c City design
guidelines for street lighƟ ng and conformance of current electrical, state, and jurisdicƟ onal standards/codes will be verifi ed.
Survey and Mapping Plan Check Services
Cannon’s Survey Team is experienced in providing
easements and right-of-way dedicaƟ ons, lot line
adjustments, tract and parcel maps, topographic and fi eld survey data, and Ɵ tle and closure reports.
Cannon will provide review of subdivision improvement
projects, including review of easements and right-of-
way dedicaƟ ons; lot line adjustments; tract and parcel maps; Ɵ tle and closure reports; and applicable plans and recommendaƟ ons as well as any other related reports
and recommendaƟ ons to confi rm constructability
considering site constraints, design requirements, and
exisƟ ng condiƟ ons. Typically, tasks would include iniƟ al site assessments, review of plans, and review of reports.
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18CannonGeneral Plan Check Services and Other Related Engineering Services We review each project proponent to implement a
progr
am that requires structural Best Management
PracƟ ces (BMPs) on Priority Development Projects to
be designed, constructed, and maintained to remove
pollutants in storm water to meet the criteria set forth in the TGD, and exisƟ ng Hydromodifi caƟ on Management Plan (HMP).
Our review will include, but not be limited to:
•
Correctness of project address, descripƟ on, site
in
formaƟ on, the owner’s informaƟ on or the person for
signing the cerƟ fi caƟ
on of ownership
•
Verify the CondiƟ on of Approval is addressed in the
pr
oposed WQMP Report
• Con fi
rm if Hydrologic CondiƟ on of Concern (HCOC)
e
xists and verify the receiving waters
•
Verify the PotenƟ al Stormwater Pollutants on the
pr
oject
•
Verify LID BMP selecƟ on and project conformance
analy
sis
•
Conform LID BMPs follow the hierarchy of infi ltraƟ on,
ev
apotranspiraƟ on, harvest/re-use, and biotreatment
• Verify that Non-Structural and Structural Source
Con
trol BMPs are incorporated in the report and onto
WQMP Site Plan
•
Verify if project qualifi es for Water Quality Credits
• Con fi
rm that BMP InspecƟ on and Maintenance
Schedule ar
e listed, and the Responsible Party and the
minimum fr
equency of acƟ viƟ es are tabulated in the
report
• V
erify the fi nal SubmiƩ al for RecordaƟ on of WQMP
R
eport includes necessary documents
Soils and Geotechnical Reports
Our subconsultant, LOR Geotechnical Group, Inc. (LOR), will provide the following scope items:
•
Review geotechnical plans, and/or reports prepared by
others and submiƩ ed to the City
•
Generate geotechnical review comments based on
current City, County, and/or State standards
• Pr
epare wriƩ en comments or approvals by a state
licensed Geotechnical Engineer
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19CannonGeneral Plan Check Services and Other Related Engineering Services City issues
approved grading permit
Workflow Chart
City of Chino Assigns
Project
Cannon Plan
Checker Reviews
WPR process is
completed
Cannon
Accesses EPR
If no further comments
recommend for
permit approval
If changes
are required:
repeat review process
Method by which work is
Completed and Reviewed
Quality Assurance /Quality Control Program
Cannon has earned a strong reputaƟ on for product
delivery and professional service. We have built and
conƟ nue to develop internal control processes that
incorporate peer review and progress reporƟ ng to help
projects meet established design and review guidelines, remain within budget, and stay on schedule. We take
a proacƟ ve approach to project management, with an
emphasis on project and review process familiarity, open communicaƟ on, quality and cost control, and project
scheduling. Processes include a *Work Product Review
(WPR) Program, project “Look Backs,” Project Progress
Reviews, plan check checklists, and an Earned Value
Analysis (EVA) program.
In addiƟ on, we employ cost savings strategies that have been eff ecƟ ve in managing projects for public and private industry clients. These strategies may include: cost
benefi t analysis and value engineering reviews; alternaƟ ve technologies review or innovaƟ ve approach analysis; and the use of plan check review control logs.
Our work fl ow incorporates quality review processes
to confi rm compliance with standards, and that our
engineering services are accurate, effi cient, and fully meet our clients’ expectaƟ ons. We place an emphasis on “geƫ ng it right the fi rst Ɵ me.”
Deliverables
We recognize the importance of providing accurate,
detailed, and high-quality deliverables. It is criƟ cal that plan check redlines and the comment leƩ er clearly
illustrate the necessary informaƟ on to produce a
successful project. Many of our Cannon design staff
have also worked in our ConstrucƟ on Management
Department, gaining meaningful insight on the
importance of well-defi ned plans, specifi caƟ ons, and bid item quanƟ Ɵ es. Our Project “Look Backs” are not only
conducted from the designer perspecƟ ve, but also from
our managers perspecƟ ve, to further develop our design team’s accuracy in work products.
We have illustrated our plan check work fl ow process
below. In addiƟ on, read more about the duƟ es and
experience of our project team on pages 7-12.
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20CannonGeneral Plan Check Services and Other Related Engineering Services
EXCEPTIONS TO RFP
Cannon accepts the terms and condiƟ ons outlined in the City’s Sample Contract provided with the RFP , with the following excepƟ ons to SecƟ on 1.1 Scope of Services (noted in red text and strikethrough) and SecƟ on 7.7 Enforcement of Agreement and TerminaƟ on (noted in strike through, there is not a liquidated damage clause in the RFP and the amounts in SecƟ on 7.7 are leŌ blank, assuming it should not be included).
1.1 Scope of Services.
In compliance with all terms and condiƟ ons of this Agreement, the Consultant shall provide those services specifi ed in the “Scope of Services” aƩ ached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifi caƟ ons, experience, and faciliƟ es necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all Ɵ mes faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fi t for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean Consultant shall meet or exceed those standards of pracƟ ce generally recognized by one or more fi rst-class competent fi rms performing similar work under similar circumstances.”
7.7 ExcepƟ ons/DeviaƟ ons Liquidated Damages.
Since the determinaƟ on of actual damages for any delay in performance of this Agreement would be extremely diffi cult or impracƟ cal to determine in the event of a breach of this Agreement, the Consultant and its sureƟ es shall be liable for and shall pay to the City the sum of ________________________________________________________________________ ($ ______________________) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Consultant any accrued liquidated damages.
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01225.0001/863604.2 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
No Special Requirements.
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01225.0001/863604.2 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall be compensated for the services p rovided under this Agreement in accordance with the budget and rates provided in Exhibit “C-1”.
II. T he City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.4.
III. T he total comp ensation for th e Services shall not exceed the Cont ract Sum, as provided in Section 2.1 of this Agreement.
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2022/2023 Fee Schedule
Bill Rate Ranges
Subject to change
Assistant Resident Engineer 140 $ - 169 $ Project Designer 114 $ - 143 $ Associate Engineer 157 $ - 200 $ Project Engineer 141 $ - 173 $ Associate Land Surveyor 185 $ 208 $ Resident Engineer 179 $ - 201 $ Associate Landscape Architect 158 $ - 177 $ Sr. Associate Architect 195 $ 219 $ Automation Specialist 147 $ - 165 $ Sr. Associate Engineer 173 $ - 219 $ Automation Technician 113 $ - 127 $ Sr. Automation Specialist 172 $ - 193 $ CAD Tech 101 $ - 113 $ Sr. Automation Technician 137 $ - 154 $ CAD Manager 120 $ - 134 $ Sr. CAD Tech 109 $ - 122 $ Construction Inspector I - III 111 $ - 154 $ Sr. Consultant / Principal-in-Charge 249 $ - 297 $ Design Engineer 130 $ - 158 $ Sr. Land Surveyor 203 $ - 228 $ Director/ Department Manager 187 $ - 264 $ Sr. Landscape Architect 172 $ - 193 $ Engineer Tech 108 $ - 121 $ Sr. Plan Check Engineer 169 $ 189 $ Engineering Assistant I - II 92 $ - 116 $ Sr. Principal Designer 130 $ - 184 $ Grant Funding Manager I - II 141 $ - 177 $ Sr. Principal Engineer 196 $ - 266 $ I&E Services Coordinator 103 $ - 116 $ Sr. Project Designer 114 $ - 156 $ Information Systems Admin/Manager 120 $ - 134 $ Sr. Project Engineer 147 $ - 187 $ Land Surveyor 174 $ - 196 $ Sr. Resident Engineer 192 $ - 216 $ Landscape Architect 118 $ - 132 $ Survey Assistant 103 $ - 116 $ Landscape Designer I - II 103 $ - 127 $ Survey Technician I - V 120 $ - 183 $ Lead Automation Specialist 162 $ - 182 $ Technical Writer I - IV 92 $ - 116 $ Lead Automation Technician 127 $ - 143 $
Lead Designer 130 $ - 149 $
Office Engineer / Document Control I-III 107 $ - 140 $ Plan Check Engineer I - II 123 $ - 165 $ Survey Crew Rates - Regular Planner I - III 113 $ - 143 $ One-Man Field 195 $ Planning Assistant 92 $ - 116 $ Two-Man Field 270 $ Principal Automation Specialist 176 $ - 198 $ Three-Man Field 355 $ Principal Designer 120 $ - 163 $ Two-Man - HDS 310 $ Principal Engineer 185 $ - 244 $
Survey Crew Rates - Prevailing Wage
One-Man Field 230 $
Two-Man Field 330 $
Three-Man Field 470 $
Electrical - Prevailing Wage
Electrician 185 $
Building and Construction Inspector - Prevailing Wage
BCI Construction Inspector 150 $
Forensics Engineering / Expert Testimony Fee Schedule Available Upon Request.
Other Direct Charges
Black Line Plots $2.00 per page Color Plots $5.00 per page Outside Reproduction Cost + 15% Travel and Related Subsistence Cost + 15% Automation & Electrical Materials Cost + 25% (+tax) Standard Mileage Rate IRS Rate per mile Subconsultant Fees Cost + 10% Airplane Mileage Rate GSA Rate per mile Technology Fee $30/Day
(effective 10/01/2022)
All expenses, such as special equipment, shipping costs, travel other than by automobile, parking expenses, and permit fees will be billed at the actual cost plus 15%. If the client requests, or the client’s schedule requires work to be done on an overtime basis, a multiplier of 1.5 will be applied to the stated rates for weekdays for daily hours in excess of 8 as well as weekends and a multiplier of 2.0 for daily hours in excess of 12 and holidays. If the client requests field services to be provided outside of normal working hours, a multiplier of 1.5 will be applied to the stated rates. For prevailing wage projects, if the client requests field services to be provided on any given Sunday, a multiplier of 2.0 will be applied to the stated rates; on or around an observed holiday, other rates may be applied. Survey Crews and Automation Field staff are billed portal to portal. A minimum charge of 4 hours will be charged for any Automation Field Service calls outside of normal working hours. The stated rates are subject to change, typically on an annual basis.
Average cost estimate for various plans, technical studies, and documents specified in Section III (Scope of Work): $5,000 per grading project.
EXHIBIT C-1
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FEE SCHEDULE
AUGUST 2022
SERVICES
Geotechnical Engineering
LOR Geotechnical Group, Inc. provides geotechnical engineering services, including: preliminary geotechnical investigations, foundation investigations, percolation feasibility investigations, liquefaction evaluation investigations, as well as grading observation materials testing services.
Geological
LOR Geotechnical Group, Inc. provides geological services, engineering geology investigations, seismic setting studies, slope stability investigations, liquefaction susceptibility investigations, hydrology/water resource studies, and bedrock rippability evaluations.
Environmental
LOR Geotechnical Group, Inc. provides, environmental site assessments, underground storage tank investigations and remediation investigations, groundwater monitoring systems, soil and groundwater sampling and analysis, and environmental studies for property transfers.
All costs for Geotechnical Engineering, Geological, and Environmental Services are based on the site and investigative parameters requested.
FEES
The hourly personnel charges and laboratory test unit rates are as follows:
Personnel Charges-Hourly
Principal Engineer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $300.00 Project Engineer/Geologist. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $165.00 Staff Engineer/Geologist. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $140.00 Soil Technician/Deputy Inspector (Field or Laboratory) 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $104.00 Soil Technician/Deputy Inspector (Prevailing Wage) 1, 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $132.00 Soil Technician/Deputy Inspector (CBA) 1, 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $142.00 Traffic Control (Prevailing Wage) 1, 2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $122.00 Drafting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $95.00 Clerical.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $80.00 Laboratory Testing Charges - Unit Costs
CT 202: Sieve Analysis (Soil). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $110.00 CT 202: Sieve Analysis (Aggregate).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $140.00 CT 202: #200 Sieve Wash. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $65.00 CT 205: Crushed Particle Analysis. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $140.00 CT 207: Specific Gravity Absorption of Fine Aggregate.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150.00 CT 211: LA Rattler.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $250.00 CT 213: Organic Impurities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $80.00 CT 217: Sand Equivalent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $120.00 CT 217: Sand Equivalent -QC.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $130.00 CT 226: Moisture Content. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30.00 CT 227: Cleanness Value. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $130.00 CT 229: Durability Index Fine/Coarse.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $260.00 CT 235: Percentage of Flat and Elongated Particles in Coarse Aggregate.. . . . . . . . . . . . . . $100.00 CT 301: R-Value. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $350.00 CT 305: Swell Tests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100.00 CT 307: Moisture Vapor Susceptibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $175.00
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CT 308 & CT 366: Asphalt Concrete Density & Stability/Rubberized. . . . . . . . . . . . $220.00/$270.00 CT 308: Asphalt Concrete Density/Rubberized. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $130.00/$190.00 CT 309: Asphalt Concrete Theoretical Maximum Density .. . . . . . . . . . . . . . . . . . . . . . . . . . . $175.00 CT 366: Asphalt Concrete Stability/Rubberized. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $200.00/$250.00 CT 382: Asphalt Extraction & Gradation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $260.00 CT 521: Concrete Cylinder Compressive Strength. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35.00 CT 523: Beam Cylinder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $75.00 Concrete & Beam Cylinder Hold.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10.00 ASTM D6913/7928: Mechanical Analysis.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $220.00 ASTM D1557: (Modified)/ ASTM D698: (Standard) Proctor (4"). . . . . . . . . . . . . . . . . . . . . . . $190.00 ASTM D1557: (Modified)/ ASTM D698: Proctor (6" or Cal-216). . . . . . . . . . . . . . . . . . . . . . . $220.00 ASTM D2434: Permeability.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $400.00 ASTM D2435: Consolidation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $240.00 ASTM D5333: Collapse Potential. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $200.00 ASTM D2216: Moisture Content. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30.00 ASTM D221/D2937: Moisture/Unit Weight (Ring). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $40.00 ASTM D2974: Organic Matter Test.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $90.00 ASTM D4318: Atterberg Limits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $220.00 ASTM D4829: Expansion Index. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $190.00 ASTM D3080: Direct Shear.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $270.00 Soluble Sulfate: (Test Kit SF-1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $80.00 1 10% field supervision and equipment/vehicle charge will be added to all field services. 2 Rate based on current State determined prevailing wage rates as of the date of this document. Adjustments to our rates may be necessary based on the actual State determined prevailing wage rates at the time of our work.
TERMS
Reimbursable Expenses
Outside services performed by others and direct costs expended on the client's behalf are charged at cost plus twenty percent. These expenses include rental of drill rigs, bulldozers, backhoes, travel and subsistence, permits, reproduction costs, etc.
Travel Time
Travel time required to provide professional or technical services will be charged at the appropriate hourly rates.
Overtime
An overtime rate of 1.5 times the standard rate will be used for time in excess of 8 hours per day and Saturdays.
An overtime rate of 2.0 times the standard rate will be added for work on Sundays, official company holidays, and on all work in excess of 12 hours per day.
Prepayments
A retainer of fifty percent of the total fee is required for all field studies. The balance of the fee must be paid at the time the report is released to the client.
Billing
Billings will be provided periodically and will be classified by fee categories set forth above or as given by proposal.
Terms of Payment
Invoices rendered for professional services are due upon presentation. A service charge of 1.5 percent, per month, may be charged on accounts not paid within thirty days to cover additional processing and carrying costs. Any attorney's fees or other costs incurred in collecting any delinquent account will be paid by the client.
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98 41 Irvine Center Drive, Suite 200 | Irvine, California 92618 | t: (949) 878‐3509 www.tjwengineering.com
TJW ENGINEERING, INC.
STANDARD COMPENSATION SCHEDULE
(Effective May 2021)
Classification Hourly Rate
Principal Traffic Engineer $230.00
Traffic Engineering Manager $200.00
Transportation Planning Manager $200.00
Senior Engineer $175.00
Senior Transportation Planner $175.00
Project Engineer/Planner $120.00 ‐ $150.00
Asst. Project Engineer $90.00 ‐ $100.00
Senior Technician $100.00
Technician $85.00
Administrative Aide $65.00
GENERAL PROVISIONS OF AGREEMENT
1. The above schedule is for straight time. Overtime will be charged at 1.5 times the standard hourly rate. Hourly rates apply to work time as well as travel time and waiting time, which occur at meetings and public hearings.
2. Unless otherwise stated in the contract, project‐related travel, reproduction, and supply costs are billed at cost. Mileage will be billed at prevailing standard mileage rate as determined by the IRS.
Subcontractors and other project‐related expenses will be billed at cost plus 15%
3. Unless otherwise stated in the contract, invoice will be submitted monthly for work in progress or upon completion of work. Invoices are payable within 30 days of the invoice date. Any unpaid invoice after 30 days shall be subject to a service charge of the maximum interest rate allowed by law or two (2) percent pe
r month whichever is less.
4. Client hereby agrees that the balance in a billing statement is correct and binding unless the client notifies the consultant in writing within fifteen (15) days of the date of billing and informs consultant of the alleged incorrect item.
5. All documents produced as a result of this agreement may be used by TJW Engineering (TJW) without consent from the client.
6. TJW makes no warranty as to his findings except that the work is performed using generally accepted methods.
7. Unless otherwise stated in the contract, the client agrees to limit TJW’s liability to the client, due to professional negligent acts, errors, or omissions by the consultant, to the consultant’s fee.
8. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and Judgment upon the award rendered by the arbitration may be entered in any court having jurisdiction thereof.
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SEALED FEE PROPOSAL SAMPLE
Plan Check/ Technical Report
Review
Item
Senior Project
Manager
Senior Plan
Check
Engineer
Survey
Manager
Senior
Land
Surveyor
Engineering
Assistant /
Business
Admin
Other Total
Hours Average Fee
Subdivision Map/Final Tract
Map
1 2 14 17 $3,500
Rough Grading 2 20 1 23 $3,500
Precise Grading 2 24 1 33 $4,000
Hydrology & Hydraulic Study 1 12 1 14 $2,500
Erosion Control Plan 1 2 1 4 $500
Water Quality Management
Plan
1 12 1 14 $2,500
Soils Report 1 3 4 $500
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timel y per direction from the Project Manager.
II. The Project M anager m ay approve extensions for performance of the s ervices in accordance with Section 3.2.
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Contr act No.: ______________
Approved: ______________
01225.0001/863604.2 (Long Form)
AGREEMENT FOR SERVICES
BETWEEN THE CITY OF CHINO AND
BUREAU VERITAS NORTH AMERICA, INC.
(General Plan Check Services & Other Related Engineering Services) THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 1 st day of July 2023 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Bureau Veritas North America, Inc. (“Consultant” ). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Inv itation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant , following submission of a proposal or bid for the performance of the services defined and described particularly in Ar ticle 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Chino’s Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for per formance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mu tual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and condit ions of this Agreement, the Consultant shall provide those services specified in the “ Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be r eferred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, a nd professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder
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and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phr ase “highest professional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Services shall include the scope of work i ncluded in Consultant’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with , all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having j urisdiction in effect at the time service is rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California L abor Code S ection 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other appli cable laws, as they pertain to such work, including the following requirements:
(a) DIR Monitoring and Enforcement. The public work and/or maintenance work performed under this Agreement shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations ( “DIR”). Consultant shall post job site notices, as prescribed by regulation.
(b) P revailing Wages . Consultant shall p ay prevailing wages to the exte nt required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copi es of the prevailing rate of per diem wages are on file at City Hall a nd will be made available to any interested party on request. By initiating any work under this Agree ment, Consultant acknowledges receipt of a copy of the DIR determination of the prev ailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) P enalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Co de Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the pe nalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined
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by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records . Co nsultant shall comp ly with and be bound by the provisions of Labor Code Section 1776, which require s Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Sectio n 1776; ce rtify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) A pprentices . Consultant shall comply with an d be bound by the provisions of Labor Code Sections 1777.5, 1777.6, a nd 1777.7 and California Co de of Regulations T itle 8, S ection 200 et seq. concerning the empl oyment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenti ceable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any a pplicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) E
ight- Hour Work Day. Consultant acknowledges th at eight (8) hours labor constitutes a legal day's work. Co nsultant shall comply with and be bound by Labor Code Section 1810.
(g) P enalties for Excess Hours . Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forf eit twenty-five dollars ($25) for each worker employed in the perf ormance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of t he provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consulta nt in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Work ers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer wil l be required to secure the payment of compensation to its employees if it has employees. By ex ecuting this Agreement, and in accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code w hich require every employer to be insured against l iability for workers' compensation or to undertake self-insurance 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.”
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(i) Consultant ’s Responsibility for Subcontractors. For every subcontractor who will perform work under th is Agr eement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapte r 1 (comme ncing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontr actor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll re cords of th e subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain a t its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may b e imposed by law and arise from or are necessary for the Consultant’ s p erformance of the services required by this Agreement, an d shal l indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
By executing this Agre ement, Consul tant warrants that Consultant (i) has thoroughly investigated and considered the sco pe of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties an d restrictions attending performance of the services under this Agreement. If the services i nvolve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to c ommencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consult ant’s risk until written instructions are received from the Project Manager.
1.7 Software and Computer Services.
If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer t echnology, Consultant repr esents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant unde r this Agreement is compat ible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.
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1.8 Care of Work.
The Consultant shall adopt reasonable met hods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components the reof t o prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.9 Further Responsibilities of Parties.
Both par ties agre e to use reasonable care and diligence to perform their respective obligations under this Agreement. B oth parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessar y to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.10 Additional Services.
City shall have the right, subje ct to state law and the City’s Municipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a wr itten order is first given by the Project Manager to the Consultant , incorporating the rein any adjustment in (i) the Contract Sum for the actual costs of the extra work , and/or (ii) the time to perform this Agreement, which said adjustments are subject to the wr itten approval of the Consultant. Any increase in compensation for extra work sh all require the approval of City Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the i ncrease does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Sect ion shall not apply to services specifically set forth in the Scope of Servi ces. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compens ation therefor. City may in its sole and absolute discretion ha ve sim ilar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreemen t, if any, which are made a part hereof are set forth in the “ Special Requ irements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “ Schedule of Compe nsation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Two Hundred Fifty Thousand Dollars ($ 250,000) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
2.2 M ethod of Compensation.
The metho d of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’ s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks , (b) contract retention is main tained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compe nsation. The Contract Sum shall include the attendance o f Consultant at all project meetings reasonably deemed necessary by the City .
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required t o attend additional meetings to facilita te such coordina tion, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form a pproved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement . Consultant shall not invoice City for any duplicate services performed by more than one person.
All invoices shall be submitted by email to [email protected] . Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) L ine items for all materials and equipment properly charged to the Services.
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(c) Line items for all oth er approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agre ement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certifie d Payroll and proof that Certified Payroll has been subm itted to the DIR.
Consultant shall also submit a list of the prevailing wa ge rat es for all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first invoice. If these rates change at any time during the t erm of the Agreement, Consultant shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use i ts best efforts t o cause Consultant to be paid within forty- five (45) days of receipt of Con sultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur with in thi s t ime period . In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitu te a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
2.6 Contingency of Funds.
Consultant acknowledges that funding or portions of funding for this Agreem ent may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the ser vices hereunder in the budget approved by Chino City Council for each fisc al year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
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3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consul tant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.
3.3 F orce Majeure.
The time period(s) specified in the Schedule of P erformance for performance of the services rendered purs uant t o this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant , including, but not restricted to, acts of God or of the public enemy, unusually severe weat her, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, str ikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City , if the Consultant shall within ten (10) days of the comm encement of such delay n otify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Pr oject Manager such delay is justified. The Project Manager ’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performan ce of this Agreement, however caused, Consultant’ s sole remedy being exten sion of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in ful l force and effect until c ompletion of the services, which shall be no later than June 30, 2024, except as otherwise provided i n the Schedule of Performance ( Exhibit “D”).
This Agreement may be renewed by a written amendment for up to an additional two (2) year(s) at the o ption of the City if the City is satisfied with the quality of service s per formed by Consultant under this Agreement.
ARTICLE 4. CO ORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“ Principals”) are hereby designated as being the principals and representatives of Consultant authoriz ed to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Trang Huynh, P.E., C.B.O. Reg ional Manager
(Name) (Title)
Mehdi Keshmiri, PE QSD/P Director of Civil Engineering (Name) (Title)
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It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Ag reement.
Therefore, the foregoing principals shall be r esponsible during the term of this Agreement for directing all activities of Consultant and devoting suff icient time to personally supervise the services hereunder. All personnel of Consultant , and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreem ent, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval o f City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’ s staff and subcontractors, if any, assigned to perform the s ervices required under this Agreement.
Consultant shall notify City of a ny changes in Consultant’s sta ff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shal l not at any time or in any ma nner represent that Consultant or any of Consultant’ s officers, employees, or agents are in any m anner officials, officers, employees or agents of City. N either Consultant, nor any of Consultant’ s officers, employees or agents, shall obtain any rights to r etirement, health care or any other benefits which may otherwise accrue to City ’s employees. Consultant expressly waives any cla im Consultant may have to any such rights.
4.3 Project Manager.
The Project Manager shall be the Director of Development Services or any other person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shal l refer any decisions which must be made by City to the Project Man ager.
Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Pro ject Manager . The Project Manager shall have authority, if specified in writing by the City Manager , to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant , its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all time s as to City a wholly independent contractor with only such obliga tions as are consistent with that ro le. Consultant
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shall not at any time o r in any manner represent that it or any of its agent s or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowled ge, capability and reputation of Consultant , its principals and employees were a substantial inducement for the City to enter into this Agree ment. Therefore, Consultant shall not contract with a ny other entity to perform in whole or in part the services required hereunder without the express written approval of the City . In ad dition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City . Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than tw enty five percent (25%) of the present ownership and/or control of Consultant , taking all transfers into account on a cumulative basis . In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant sha ll obtain, provide and maintain at its own expense during the term of t his Agreement, policies of insu rance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant s hall maintain commercial g eneral liability insurance with coverage at least as broad as Insu rance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy m ust include contractual liability that has not been amended. Any e ndorsement restricting standard ISO “insured contract” language will not be accepted.
(b) A utomobile liability insurance . Consul tant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and prope rty damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) P rofessional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performe d in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effect ive date of this
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Agreement and Consultant agrees to maintain c ontinuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ co mpensation insurance. Consultant shall maintain Worke rs’ Compensation Insurance (Statutory Limits) and Employer’s L iability Insurance (with limits of at least $1,000,000).
(e) S ubcontra ctors. Consultant shall include all subcontractors as insureds under it s policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverage s for subcontractors shall include all of the requirements stated herein.
(f) A dditional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 G eneral Insurance Requirements .
(a) Proof of insurance. Consu ltant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogati on endorsement for workers’ compensation. Insurance c ertificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certificat ion of insurance shall be kept on fi le with City at all times during the term of this Agreement . City reserves the right to require complete, certified copies of al l required insurance polic ies, at any time.
(b) D uration of coverage. Consultant shall proc ure and maintain for the duration of this Agreement insurance against claims fo r injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) P rim ary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herei n may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefi t of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) C ity ’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or i s 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 Ci ty will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) A cceptable in surers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance C ommissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an
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assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the l atest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance cove rage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, it s elected or appointed officers, agents, officials, employees and volunt eers or shall specifically all ow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereb y waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) E nforcement of contract provisions ( non-estoppel). Consultant acknowledges and agrees that an y act ual or alleged failure on the part of the City to inform Consultant of non- compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) R equirements not limiting . Requirements of specific co verage features or limits contained in this section are not intend ed as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specifi c reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) N otice of cancel lation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of c overage for each required coverage.
(j) A dditional insured status . General liability policie s sha ll provide or be endorsed to pr ovide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) P rohibit ion of undisclosed coverage limitati ons. None of the coverages required herein w ill be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) S eparatio n of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom clai m is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
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(m) Pass through clause. Consultant agrees to ensure that its subconsultants , subcontractors, and any other party involved with the project who is brought onto or involved i n the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agr ees to monitor and review all s uch coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of t his section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) A gency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) S elf -insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) T imely notice of claims . Consultant sha ll give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) A
dditional i nsurance. Consultant shall also procure and maintain, at its own cost a nd expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 I ndemnificatio n.
To the full extent perm itted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employe es and agents ( “Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property , losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, fi rm or entity arising out of or in connection with the negligent pe rformance of the work, operations or activities provided herein of Consultant, it s officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors ”), or arising from Consultant’ s or indemnitors’ reckless or willful misconduct, or arising from Consultant’ s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any actio n or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal cost s and attorneys’ fees incurred in connection therewith;
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(b) Consultant will promptly pay any judgment rendered against the City, it s officers, agents or employees for any such claims or liabilities arising o ut of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and h old the City, its officers, agents, and employees harmless therefrom;
(c) In the even t the City , its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or i n connection with the negligent performance of or failure to perform the wo rk, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the Ci ty, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys ’ fees.
Consultant shall incorporate similar indemnity agreements w ith its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to cl aims or liabilities occurr ing as a result of City ’s sole negligence or willful acts or omiss ions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City ’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligenc e, recklessness or willful misconduct of the design professional . The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “ books and recor ds”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and t he City shall have access to such records in the event any aud it is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. N otwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
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6.2 Reports.
Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatl y concerned about the cost of work and services to be performe d pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decre ase the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and , if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant , its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reus e, or assignment of the documents and materials hereunder. Any use, reuse or assignment of s uch c ompleted documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole r isk and without liability to Consultant , and Consultant’ s guarantee and warranties shall not extend to such use, re use or assign ment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodi ed therein.
All subcontractors shall provide for assignment to City of any documents or mate rials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages res ulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “ works made for hire ” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose an y such information or work product to persons or entities other than City without prior writ ten authorization from the Project Manager.
(b) Consultant , its officers, employees, agents or subcontractors, shall not, without prior w ritten authorization from the Project Manager or unl ess reques ted by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performe d under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
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(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agre ement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant , its officers, employees, agents or subcontract ors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proce eding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement s hall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State o f California. Legal actions concerning any dispute , claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covena nts and agrees to submit to the personal jurisdiction of such court in the event of such act ion. In the event of litigation in a U.S. District Court, venue shall lie exclusively i n the Central District of California, in the County of San Bernardino, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensa ting Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in w hich Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreemen t under this Article. Any failure on the part of the City to give notice of t he Consultant’s default sh all not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
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dispute hereunder or which are necessary to compensate City for any losses, costs, l iabilities, or damages suffered by City , and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’ s acts or omissions in performing or failing to perform Consultant’ s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obli gations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or s ervices by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies ex pressly declared to be exclusive in this Agreement, the rights and remedies of the parti es are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of a ny other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agr eement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determin ation of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shal l be liable for and sh all pay to the City the sum of Zero Doll ars ($0) as li quidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Consultant any accrued liquidated damages.
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7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consu ltant, except that where termination is due to the fault of the Consultant , the period of notice may be such shorter time as may be determin ed by the Proj ect Manager . I n addition, the Consultant reserves the right to ter minate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City , the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager . Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager , ex cept as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Consultant.
If termination is due to the failure of the Consultant t o fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completio n of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reas onable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to a ny action or proceeding in any way conne cted with this Agreement, the prev ailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitle d to reasonable attorney ’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party e ntitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discover y and all other necessary costs the court allows whic h are incurred in such litig ation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
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ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be persona lly liable to the Consultant , or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manne r with the interests of City or which would in any way hinder Cons ultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be emplo yed by it as a n officer, employee, agent or subcontractor without the express wr itten consent of the Project Manager . Consultant agrees to at all times avoid conflicts of interest or the appearance of an y conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision r elating to the Agreement which a ffects her/ his financial interest or the financial interest of any corpora tion, partnership or association in which (s)he is, d irectly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through the m, that there shall be no di scrimination against or segregatio n of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative act ion to insure tha t applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, ma rital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein . Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for su ch use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such
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liabilities or sanctions imposed, together with any and all costs, including attorneys ’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or commu nication eithe r party desires or is required to give to the other party or any other person shall be in writing and either served personal ly or sent by prepaid, first -class mail, in the case of the City, to the City Manager and to the attention of the P roject Manager (with her/his name and City title), Ci ty of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consul tant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by not ifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally deliv ered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreemen t including the attachments heret o is the entir e, co mplete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting th is Agreement and this Agre ement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid u nless made in writing and approved by the Consultant and by the Ci ty Council. The parties agree that t his requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sente nces, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceabili ty shall not affe ct any of the remaining phra ses, sentences, clauses, paragrap hs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
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of the parties hereu nder unless the invalid provision is so material that its inva lidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of C ity participate in any decision relating to this A greement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association i n which (s)he is directly or indirectly inter ested, or in violation of any corporation, partnership, or association in which (s) he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that i t has not paid or given, and will not pay or give, to any third party including, but not limited to, any City offi cial, officer, or employee, any money, considerati on, or other thing of value as a result or consequence of obtaining or being awarded any agr eement.
Consultant further warrants and represents that (s)he/ it has not engaged in any act(s), omission(s), or ot her conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of conseq uence of obtaining or being award ed any agreement. C onsultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, ( ii) they are duly authoriz ed to execute and d eliver this Agreement on behalf o f said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Ag reement on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:
Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Warren Morelion, AICP
Interim Director of Development Services
CONSULTANT:
BUREAU VERITAS NORTH AMERICA, INC.
By:
Name: Craig Baptista, M.B.A.
Title: Vice President – Facilities Division,
West Region
By:
Name: Heather Bush
Title: Corporate Secretary and Vice
President, General Counsel
Address: 600 North Rosemead Boulevard
Suite 233
Pasadena, CA 91107
Two corporate officer sig natures required when Consul tant is a corporation, with one si gnature requ ired from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
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EX HIBIT “A”
SCOPE
OF SERVICES
I. C onsultant will perform the Services described in Consultant’s Proposal, attached hereto as Exhibit A-1 (the entirety of which is on file with the Development Servi ces Department).
II. All wor k pr oduct is subj ect to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
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Bureau Veritas | 600 N. Rosemead Blvd., Suite 233 Pasadena, CA 91107 P. 626.325.9800 | www.bvna.com
April 20, 2023
CITY OF CHINO
Jesus Plasencia, Assistant City Engineer
13220 Central Avenue
Chino, CA 91710
O. 909.627.7577
CONTACT REGARDING THIS PROPOSAL
Craig Baptista, Vice President – Facilities Division, West Region Bureau Veritas North America, Inc.
600 N. Rosemead Blvd., Suite 233
Pasadena, CA 91107
P . 916.514.4516 | C. 916.291.9151 | F . 916.725.8242 E. [email protected]
Proposal No. 5538228
PROPOSAL FOR
CITY OF CHINO
REQUEST FOR FOR PROPOSALS (RFP) NO. 2023-8001-DS
GENERAL PLAN CHECK AND OTHER RELATED
ENGINEERING SERVICES
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Bureau Veritas | 600 N. Rosemead Blvd., Suite 233 Pasadena, CA 91107 P. 626.325.9800 | www.bvna.com
2 TABLE OF CONTENTS
A. TABLE OF CONTENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 B. LETTER OF TRANSMITTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 C. TECHNICAL PROPOSAL
1. Qualifications, Relevant Experience and References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Firm Profile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Stability, Capacity, and Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Firm’s Experience in Performing Work of a Similar Nature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2. Project Team . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Key Personnel, Organization Chart and Availability Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Resumes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
3. Detailed Work Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Statement of Understanding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Approach to Managing Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
FORMS / ATTACHMENTS
Conflict of Interest Statement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Acknowledgment of Insurance Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 D. SEALED FEE PROPOSAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Separately Uploaded
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33 B. LETTER OF TRANSMITTAL
April 20, 2023
Jesus Plasencia, Assistant City Engineer
13220 Central Avenue | Chino, CA 91710
O. 909.627.7577
Re: Request for Proposals for General Plan Check Services & Other Related Engineering Services Dear Mr. Plasencia,
Bureau Veritas North America, Inc. (BV) is excited for this opportunity to continue to cultivate a relationship with the City of Chino (the City). Our submittal will highlight our experience providing similar services for other cities and counties as well as to the City itself. We are an industry leader in the code compliance sector and take great pride in our ability to provide exemplary services to our clients.
BV’s strong local, regional and state presence has allowed us to assist nearly 200 jurisdictions throughout California since 1975.
The City will benefit from local staff that understands the unique needs of the area’s diverse communities. Our statement of qualifications will highlight our experience providing similar services for other cities, counties, and public works departments.
We have the breadth and depth of resources, skills, and expertise needed to provide excellent services for public works projects including various capital improvement projects (roadway design, drainage infrastructure repair, erosion control and repair, storm water management, design of miscellaneous facilities and improvements, etc.), review of land development plans and calculations, and emergency responses.
As a unique, single source consulting firm surveying and civil engineering are two of our core service areas. We have a clear understanding of the scope of work to be performed under the City’s request and we are well versed in the local, state, and federal codes and requirements.
We offer optimal solutions to deliver quality in-house services, or capacity to sub-consult services:
✓ Unparalleled engineering plan review and code
compliance expertise
✓ Established relationships to ensure timely service
delivery, transparency, and responsiveness
✓ Depth of resources and close proximity to maximize
flexibility and deliver quality services
✓ Licensed and certified professionals
✓ Web-based document control best practices to
consistently meet turnaround schedules and streamline
communication
✓ Extensive and proven experience providing services
in San Bernardino and Riverside County as well as
throughout Southern California
All work will be managed from BV’s Pasadena, CA office (600 N. Rosemead Blvd., Suite 233, Pasadena, CA 91107) and augmented by our staff located throughout California, enabling quick and efficient responses. Trang Huynh, P.E., C.B.O., Regional Manager and Director of Civil Engineering, Mehdi Keshmiri, PE, QSD/P will be the primary contacts for the management of work. Mr. Craig Baptista, Vice President , is the firm’s contact person for proposal evaluation and is authorized to make representations for the firm and bind the contract. Mr. Baptista’s signature and contact information can be found below. BV formally states the firm has no exceptions and accepts the terms of the RFP and Sample Agreement presented in RFP #2023- 8001-DS. The firm acknowledges the receipt of Addendum No. 1 released April 13, 2022. This proposal shall remain valid for not less than 120 days from the due date of submittal and all information submitted and contained within is true and correct.
Our team looks forward to continuing its successful, and professional relationship with the City of Chino through unparalleled service delivery, promoting transparency in our work, improving efficiencies, and exceeding your expectations.
Sincerely,
Craig Baptista, M.B.A. Trang Huynh, P .E., C.B.O. Mehdi Keshmiri, PE QSD/P Vice President – Facilities Division,
West Region
Regional Manager / Special
Projects Manager
Director of Civil Engineering
P . 916.514.4516 | C. 916.291.9151 P . 714.431.4123 | C. 714.487.4223 P . 949.231.0205 | C. 949.310.7567 E. [email protected] E. [email protected] E. [email protected]
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44 1. QUALIFICATIONS, RELEVANT EXPERIENCE AND REFERENCES
FIRM PROFILE
Within the United States, Bureau Veritas North America, Inc., a corporation incorporated in the state of Delaware, is recognized as being the largest code compliance firm in the nation with over 4,000 employees working out of 100+ offices.
Many of the firm’s staff have been public agency employees or augmented public agency personnel who know and
understand government processes. Consequently BV is
ready to step in immediately at whatever level City’s requires and bring one integrated source to meet its needs.
The firm has provided conceptual design review, plan review (e.g., civil, land surveying and map, structural, mechanical/ plumbing, electrical,fire, access compliance, architectural, etc.), building official, permitting, and inspection services for more than 500 municipalities throughout the United
States. BV’s clients include jurisdictions of all sizes, multiple universities and education institutions, and high profile projects.
Firm Capabilities
BV will always strive to deliver excellent service and work hard to meet and exceed the City’s expectations regarding all agreed upon turnaround times. Our proposed program
establishes a process to ensure that the City will receive only the highest quality plan reviews. We will provide the City with services with the objective of verifying compliance with the City’s adopted civil codes, zoning ordinances, drainage regulations and other adopted ordinances, policies and
standards, as well as other relevant program standards and requirements.
The firm has specific experience working through a variety of challenges including infill commercial development, adaptive reuse and change of occupancies of existing buildings,
retrofit of un-reinforced masonry or soft-story buildings, large commercial shopping centers and mixed-use multi-family
developments, live-work projects, and high tech, research and development facilities.
The firm’s range of experience covers every key area of service defining an engineering department. The firm is skilled at helping existing departments augment or refine their current level of client service and is also capable of crafting a department from the ground up. Service offerings include:
• Engineering Reviews
• Building Plan Review
• Building Inspections
• Fire Plan Review
• Construction
Management &
Inspection
• Permitting
• Planning
• Code Interpretation
• Code Enforcement
• Code Adoption and
Ordinance Preparation
• Planning and Zoning
Meeting Attendance
• City Council Meeting
Attendance
• Building Official Duties
• Permit Tracking and
Record Keeping
• Budget and Staffing
Planning
• Pre-Design and Pre-
Construction Meetings
• Fee Schedule Evaluation
and Updates
BV’s Professional Service offerings relative to the needs of the City of Chino include, but are not limited to:
• Entitlement Review
• Surveying &
Subdivision Maps (i.e.,
lot line adjustment,
tract map, parcel
map, certificate of
compliance)
• Land Development
(i.e., grading, streets,
hydrology, water
quality management
plan)
• Hydrology and
Hydraulics
• Water Quality
Management Plans
(WQMP)
• Utility (i.e., wireless
telecommunication
and investor-owned
utilities)
• Staff Augmentation
BV EXCELLENCE
BV will consistently provide excellent
customer service and qualified staff for all
project types.
BV’s professional staff evaluates all city, state, and federal requirements applicable to the project before beginning services.
Familiarity with City’s Standards
• Design and Construction
Standards for public
improvements, sewer,
water, and recycled
water, grading
• Caltrans Standard Plans
and Specifications,
Highway Design Manual
and CA-MUTCD
• BASMAA Post
Construction Manual
• Subdivision Map Act,
IBC, CBC, IRC, NEC, Title
24 of the California Code
of Regulations, AWWA
and APWA
• Floodplain- FEMA
• WQMP and NPDES
Requriements
BV anticipates needs and responds with specific, immediate solutions to the challenges associated with development projects. The firm’s professional members are dedicated to meeting a high standard of public service which is crucial to effective delivery of engineering and planning regulatory services. Consistency, responsiveness, efficiency, and a positive attitude are key components of our approach.
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5 1. QUALIFICATIONS, RELEVANT EXPERIENCE AND REFERENCES5 Putting The Right People to Work for You
As the largest plan review firm in the United States, we have a large breadth of personnel available and immediately
accessible to provide the City. Located throughout California, we have more than 100 licensed and certified engineers, plans examiners, as well as CASp Certified staff who are equipped to handle the City’s needs. Our local presence allows us to provide timely delivery and exceptional customer service in the most cost-effective manner. Our longtime presence in California allow us to tailor solutions specifically to the City of Chino’s request. We bring a cooperative and creative problem solving approach to plan review. We fully understand our role as a team member committed to
achieving successful projects for the City and its customers.
BV is committed to the provision of services of the very highest quality. This means the firm has the capacity to seamlessly augment its staffing and resources, if needed, to ensure a project is appropriately supported and effectively fulfilled.
BV will always strive to deliver excellent service and work hard to exceed the City’s expectations regarding all agreed upon turnaround times. We will provide the City with services with the objective of verifying compliance with the City’s adopted codes, zoning ordinances, drainage regulations and other adopted ordinances, policies and standards, as well as other relevant program standards and requirements.
STABILITY, CAPACITY, AND RESOURCES
BV is committed to the provision of services of the very highest quality. This means the firm has the capacity to seamlessly augment its staffing and resources, if needed, to ensure a project is appropriately supported and effectively fulfilled. The firm’s more than 4,000 professionals are spread throughout the United States, making it possible for it to have highly qualified plans examiners and inspectors available expeditiously even for the most remote project. BV retains the requisite depth of lead professionals to step in and take charge. The firm retains additional professionals at various offices throughout California which can be assigned to a project assignment at any given point of time in the event additional staffing is required with minimal to no lead time in order to provide our clients the highest level of satisfaction and no interruption of services.
Hiring and retaining exceptional talent is critical to BV’s success and growth. That’s why it’s a customary practice for the firm’s Human Resources department to treat hiring as a year-round business process. In addition to using outside recruiting consultants, the BV team also employs full-time recruiters to constantly identify technical and managerial talent which possess the credentials, background, and
cultural fit for the firm’s clients. BV has an established planning, recruiting, and selection process for hiring new talent. BV offers competitive salaries and benefits including professional development and personal growth initiatives which serve to attract and retain the best and the brightest in the industry.
It is BV’s goal to exceed client expectations by being present, punctual, and professional in all interactions with the City’s staff as well as with any and all contractors and stakeholders involved in a project.
Any projects associated with this contract will in no way impact the firm’s current scheduling and BV doesn’t not anticipate any scheduling problems. BV’s full-service, in- house project teams communicate throughout the day and
evening hours via telephone, e-mail, and the latest technology sharing project information, data, drawings, specifications etc. is assigned the firm’s Project Managers will monitor the progress and address any staffing needs to the City of Chino.
The firm will provide all necessary resources, materials, equipment, tools, and technology to its staff. Each office has a substantial library which is continually updated with the most current code books and reference materials.
Financial Condition
Over the past five years, BV has demonstrated proven resilience to the effects of economic cycles. The firm continues to post positive organic growth while improving its operating margin thanks to its diversified and balanced business portfolio.
Documentation of these financials can be made available upon request or downloaded here: https://group.bureauveritas. com/ investorsfinancial-information /financial-reports
Bureau Veritas is not currently for sale nor involved in any transaction to become acquired by another business entity.
BV supports companies, governments and public authorities in reducing their risks in terms of health, quality, safety, environmental protection and social responsibility. In an effort to increase the level of support provided to current and future clients, diversify service offerings, and enable its teams to work together to cross-train, tap into subject matter experts, and successfully support innovative and complex projects throughout California and the United
States, BV periodically facilitates strategic acquisitions but has no financial interests which would present a conflict in association with the execution of this contract.
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6 1. QUALIFICATIONS, RELEVANT EXPERIENCE AND REFERENCES6 BV’s staff in the state of California includes the following:
NUMBER OF CALIFORNIA PROFESSIONALS
Principals 4
Structural/Civil Engineers/Architects 55
Engineering Technicians 25
Chief Building Officials 12
Building & Safety (ICC Certified) 150
Fire Protection 15
Heath, Safety & Environmental 25
Planning 8
Permit Technicians, Other/Admin Support 22
The size variation of our staffing levels has remained
consistent over the past five (5) years.
Knowledge and Expertise
BV and our proposed, locally-based staff for this contract have a long-established history working for the nearby
municipalities to perform in-house and outside plan
check, civil and other engineering department services.
Consequently, we can leverage a breadth of expertise to meet the needs of the City, and offer highly qualified engineering as well as ICC and CASp certified staff who are in close proximity and can quickly respond to the City’s requests.
BV’s team is intimately familiar with the policies and
procedures necessary for building and maintaining a
thriving building and community development department, selecting and managing personnel from administrative
to key management positions, and using creative and
leading-edge approaches to reaching successful solutions to tough problems. Because the firm’s back office deals with the public, they always display good interpersonal skills and listening skills, which are needed for assessing and understanding customers’ needs. BV’s management
team is dedicated to serving the City of Chino and providing the resources necessary to ensure successful Plan Review, Inspections, Permitting Services and other related services.
The firm’s management team will directly oversee the review of submittal documents, bulletins, and change orders to assess compliance with the regulations contained in the various building codes, and recommend action with respect to the building permit.
Certified and Accredited to High Standards
Bureau Veritas is recognized and accredited by major
national and international organizations. More than any other company, Bureau Veritas must be exemplary in Quality, Health, Safety and Environment (QHSE). Being a recognized leader in these fields and thus having these competencies in its DNA, BV is continuously improving internal processes to better protect the health and safety of its employees, while also minimizing its impact on the environment and delivering added-value services to its clients.
To demonstrate its commitment to high standards, Bureau Veritas was audited by independent third parties to achieve the ISO 9001:2015 Certification and IAS AC251 Accreditation. /gid00050/gid00054/gid00034/gid00045/gid00042/gid00053/gid00058/gid00001/gid00034/gid00052/gid00052/gid00054/gid00051/gid00034/gid00047/gid00036/gid00038/gid00001/gid00046/gid00034/gid00047/gid00034/gid00040/gid00038/gid00046/gid00038/gid00047/gid00053 /gid00042/gid00052/gid00048
/gid00026/gid00017/gid00017/gid00018/gid00038/gid00047/gid00055/gid00042/gid00051/gid00048/gid00047/gid00046/gid00038/gid00047/gid00053/gid00034/gid00045/gid00001/gid00046/gid00034/gid00047/gid00034/gid00040/gid00038/gid00046/gid00038/gid00047/gid00053 /gid00042/gid00052/gid00048
/gid00018/gid00021/gid00017/gid00017/gid00018
/gid00048/gid00036/gid00036/gid00054/gid00049/gid00034/gid00053/gid00042/gid00048/gid00047/gid00034/gid00045/gid00001/gid00041/gid00038/gid00034/gid00045/gid00053/gid00041/gid00001/gid00007/gid00001/gid00052/gid00034/gid00039/gid00038/gid00053/gid00058 /gid00048/gid00052/gid00041/gid00034/gid00052
/gid00018/gid00025/gid00017/gid00017/gid00018
ISO 9001:2015 Quality Management System Certified
ISO 9001:2015 specifies requirements for a quality
management system where an organization:
• Needs to demonstrate its ability to consistently provide service that meets customer and applicable statutory
and regulatory requirements, and
• Aims to enhance customer satisfaction through the
effective application of the system, including processes for continual improvement of the system and the
assurance of conformity to customer and applicable
statutory and regulatory requirements
• Bureau Veritas achieved ISO 9001 in 2007 and is audited annually.
IAS AC251 Accreditation
In 2010, Bureau Veritas proudly became the
first company to achieve accreditation under
the International Accreditation Service (IAS)
Third-Party Permitting, Plan Review and Inspection
Service Providers Accreditation Program (AC 251). AC251 outlines requirements for the accreditation of third-party nongovernmental providers of building department services and thus recognizes the important role that private firms play in ensuring public safety. The goal of this program is to provide accreditation to independent providers of building department services based on quality management principles and best practices, and to ensure that the outstanding safety record of buildings in the U.S., in comparison to buildings elsewhere in the world, is maintained.
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7 1. QUALIFICATIONS, RELEVANT EXPERIENCE AND REFERENCES7 FIRM’S EXPERIENCE IN PERFORMING WORK OF A SIMILAR NATURE For over 48 years, BV has provided comprehensive municipal consulting services across the United States. Our team can provide the City of Chino with general plan review and engineering plan review services performed by licensed engineers with direct experience but not limited to various engineering designs and/or studies, site grading, drainage, National Pollutant Discharge Elimination System (NPDES), Standard Urban Stormwater Management (SUSM) Plan, Low Impact Development (LID), and hydromodification. The following provides a description from similar projects performed for other government entities.
CITY OF RANCHO CUCAMONGA, CA
BUILDING INSPECTION AND PLAN REVIEW
SERVICES
CONTACT: Brian Sandona, Senior Engineer
A. 10500 Civic Center Drive • Rancho Cucamonga, CA 91730 P. 909.774.4021
E. [email protected]
BV was selected to provide building and fire plan review and inspection services for the City of Rancho Cucamonga on an as-needed basis. Projects include single family residential, multi-family residential, commercial tenant improvements, new commercial, additions, and others. Services are provided to determine compliance with City and State codes and
regulations including but not limited to, Rancho Cucamonga Municipal Code; California Building Code; California Residential Code; California Plumbing Code; California Electrical Code; California Disabled Regulations (in conjunction with Federal ADA regulations); and the California Department of Transportation (Caltrans).
CITY OF RANCHO
SANTA MARGARTITA, CA
ON-CALL PLAN CHECKING SERVICES
CONTACT: Brendan Dugan, P.E., Public Works Director /
City Engineer
A: 22112 El Paseo • Rancho Santa Margarita, CA 92688
P: 949.635.1800 ext. 6201
E: [email protected]
In January 2021, BV was selected to provide On-Call Plan Checking Services to the City of Rancho Santa Margarita. The City’s Capital Improvement Program includes various projects which the City will likely use consultant plan checking services for design submittals, as well as the Public Works portion of development and outside agency projects described herein.
Plan Checking Services includes:
• Improvements: street, sewer, street lighting, structural (bridge, foundations, walls, etc.), striping, erosion control, drainage and traffic related plans (signal, signing and striping, traffic control, etc.). • Sub-division maps: including parcel and final tract maps, and other Subdivision Map Act documents. • Erosion Control Plans: comply with Storm Water Pollution Prevention Plans (SWPPP), in compliance with National Pollutant Discharge Elimination System (NPDES) and Water Quality Management Plan (WQMP) requirements • Landscaping and Irrigation Plans: Irrigation calculations shall be reviewed to verify a functional system is being proposed. Compliance with documents reviewed and with the City’s Water Efficient Ordinance will be required.
Recent plan review projects include: Plaza Empresa, and two Applied Medical buildings.
Dates of Service/Completion: 2014 - Present
Dates of Service/Completion: 2021 - Present
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8 1. QUALIFICATIONS, RELEVANT EXPERIENCE AND REFERENCES8
ORANGE COUNTY PUBLIC WORKS
CIVIL ENGINEERING, BUILDING PLAN REVIEW &
INSPECTION SERVICES
CONTACT: Hadi Tabatabaee PE, CBO, CGBP , CASpm
Building & Safety/ Neighborhood Preservation,
Manager/County Building Official
A. 601 N. Ross Street, #365 • Santa Ana, CA 92703-4048
P. 714.667.8843 | C. 714.856.4658
[email protected]
BV has been providing building and civil engineering plan review and inspection and services since 2012 Orange
County Public Works. BV is the Prime Consultant. Select projects include:
• Rancho Mission Viejo (The Ranch) Land Development
Plan Check - BV has provided plan check and map check review of various projects and backbone infrastructure associated with Planning Area 1 of the Ranch Plan. The 23,000-acre development is composed of 6,000 buildable acres. Bureau Veritas staff reviewed tentative maps, site development plans, rough grading and precise grading plans, Runoff Management Plans, hydrology and hydraulic studies, Water Quality Management Plans, revetment plans, storm drain plans, and street improvement plans, checking for conformance to the County of Orange standards and regulations, easements and right-of-way requirements and for conformance to the conditions of approval. BV is currently collaborating with OCPW as they prepare to begin the next Planning Areas of this development. The scope of these next phases includes the development of 3,313 gross acres (2,666 development acres and 647 open space acres), 7,500 maximum dwelling units, over 3.2 million sq. ft. of non-residential development, a 201 acre urban activity center, a 19 acre neighborhood activity center, and a 50 acre business park. • John Wayne Airport Terminals A and B - On behalf of Orange County Public Works, BV reviewed plans for the seismic strengthening of Terminals A and B of John Wayne airport for OCPW. The terminals were constructed with steel moment frame system in the 1970s. Each terminal is around 160,000 sf. After strengthening, both terminals will meet ASCE-41 criteria as essential facilities. In 2013, a seismic analysis was conducted to investigate the ability of JWA to maintain Essential Facility performance in Terminals A and B. The terminals were originally constructed with steel framing with flat and high bay arched metal roof systems that included brittle wide flanged-beam connections which lacked the ductility to withstand major earthquakes. The seismic strengthening and retrofit included improvements to architecture, electrical infrastructure, heating, ventilation, air conditioning, mechanical systems, lighting systems, ADA compliance, IT systems, security and closed circuit television (CCTV) systems, general aesthetics improvements, and fire sprinkler and alarm systems.
CITY OF CHINO, CA
ON-CALL ACCESSIBILITY DESIGN DRAFTING
AND PLAN CHECK SERVICES
CONTACT: Karen Campbell, Public Works Project Manager
A. 13220 Central Avenue • Chino, CA 91710
P . 909.334.3403
E. [email protected]
BV is currently providing on-call accessibility design, drafting, and plan check services for ADA grievance projects and
pedestrian accessibility for public works capital improvement projects. The project includes scope, design, and construction of new improvement and alteration projects in compliance with Federal, State, and Local accessibility regulations; including ADA, California Building Code, and the City of Chino ordinances and policies.
Dates of Service/Completion: 2019 - Present
Dates of Service/Completion: 2019 - Present
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9 1. QUALIFICATIONS, RELEVANT EXPERIENCE AND REFERENCES9
CITY OF MURRIETA, CA
AS-NEEDED MAP REVIEW AND PLAN REVIEW
SERVICES
CONTACT: Bob Moehling, P.E., City Engineer
A: 1 Town Square, Murrieta • CA 92562
P: 951.461.6036
E: [email protected]
BV has provided development review/processing and map
review to the City since its incorporation in 1991. We have also provided architectural/building/fire plan review services, as well as staff augmentation for the Building Department.
Originally, when the City first incorporated, BV initiated policies and procedures for the transition of development cases from the County and were instrumental in writing the City’s grading code and manual. Reviewed projects have run the full scale in size and type from improvement and grading plans and maps for large, low-density estate type subdivisions, to single commercial lots and single-family residences as well as drainage plans per RCFC&WCD’s standards. Our plan review personnel have reviewed major road improvement projects, business parks, shopping centers, new residential housing developments, infrastructure, and public right-of-way projects. Staff assignments have included infrastructure, mass grading, roads, sidewalks, curb and gutter, underground utilities, AC overlay, sub grade, structural, and NPDES compliance. In addition, we have also been responsible for providing on-site extension of engineering staff to work with designers, developers, property owners, contractors, and permitting agencies to develop and condition projects.
WHAT THEY’RE SAYING
“I’m glad we have your firm’s services. Your knowledge of the physical confines of the City is impressive and your work ethic is impeccable… Thanks for all your years of dedication to the City of Murrieta.” -Bob Moehling, PE, Engineering Manager, City of Murrieta
CITY OF PLACENTIA, CA
ON-CALL CIVIL PLAN CHECK SERVICES
CONTACT: Masoud Sepahi, City Engineer, Public
Works Department
A. 401 E Chapman Avenue • Placentia, CA 92870
P . 714.993.8132
E. [email protected]
BV is currently providing engineering plan-check services in support of various public improvements associated with private development projects, including, but not limited to rough/precise grading, street improvements, sanitary sewer, water, storm drain, paving, traffic signal, traffic striping/ signage, subdivision maps, final tract/parcel maps in addition to professional reviews of engineering reports and studies, including: hydrology/hydraulic, sanitary sewer capacity, traffic signal design, geotechnical, and water quality management reports and erosion control plans.
Dates of Service/Completion: 1991 - Present
Dates of Service/Completion: 2022 - Present
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2. PROJECT TEAM
KEY PERSONNEL, ORGANIZATION CHART AND AVAILABILITY STATEMENT The following organizational chart consists of BV’s proposed team for the City of Chino. BV has a robust in-house team of professionals and will not use any subcontractors for services to the City. Craig Baptista will be the primary point of contact for the contract. Trang Huynh, P .E., C.B.O., Regional Manager and Armil Allahyarian, M.S., Business Unit Manager. Each individual brings a wealth of knowledge, unmatched by any other company, and has been specifically chosen for their experience in performing the required scope of work detailed in the request as well as their extensive list of certifications and licenses.
Experience and certifications of key team members which are highlighted in red are in sections 3 and 4 that follows. Full resumes for additional support staff are available upon request.
Key personnel will be available to the extent proposed for the duration of the required services acknowledging that no person designated as “key” shall be removed or replaced without the prior written concurrence of the City of Chino.
LEADERSHIP TEAM
Craig Baptista, M.B.A.
Vice President - Facilities, West Region/Principal-in-Charge Mehdi Keshmiri, PE QSD/P
Vice President of Business
Development, QA/QC Manager
Trang Huynh, P .E., C.B.O.
Regional Manager / Special
Projects Manager
Armil Allahyarian, MSCE
Business Unit Manager
CIVIL PROJECT TEAM
PLAN REVIEW ENGINEERS
Benjamin De La C r uz , P. E . Mehdi Keshmiri, MS, P. E . , QS D/P Wendy Haggard, P .E.
Reza Soltani, P.E. Matthew Addington, P.E., P. L . S . , QS D/P Jee Choy, P .E.
Christian Chang, P .E. Michael Middleton, P .E. Craig Hamner, P .E.
Matthew Godinez, P .E. Monte Bowers, P .E. Michael Middleton, P .E.
Robert Chang, P.E. John Che, P .E., QSD/P
PLANS EXAMINERS
Orland Obtera, E.I.T, L.S.I.T. Benjamin Kang, E.I.T. Bijan Shakiba David Gavranich
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2323
STATEMENT OF UNDERSTANDING
ENGINEERING PLAN CHECK SERVICES
BV’s extensive experience providing Plan Review of various improvement plans, documents, and technical studies to
other public agencies enables the firm to evaluate items which are essential to providing effective services to the City of Chino.
BV offers services which range from reviewing a single, complex or unique project to handling all plan check needs for an entire jurisdiction. BV’s staff is dedicated to providing the highest level of customer service and ensuring all work is in conformance with all requirements. The firm’s resources can be adjusted on fast-track projects to meet demanding schedules, as needed.
Plan Check Compliance Standards
The firm’s professional staff evaluates all city, state, and federal requirements applicable to the project before
beginning a review. Requirements for civil infrastructure originate from multiple sources including statutory
requirements, local ordinances and design guidelines, federal requirements such as ADA and NPDES, state requirements
including the requirements of any affected utilities, districts, or agencies.
Civil infrastructure and site plans are reviewed for
conformance to the following quality standards:
• Grading ordinances
• Greenbook
• Geotechnical report recommendations
• Conditions of approval of the use permit or tentative map
• Municipal code and local ordinances
• Jurisdiction’s design guidelines and standard plans and specifications
• ADA and Title 24 accessibility standards
• NPDES and WQMP requirements when applicable
• Environmental mitigation requirements
• Requirements of affected outside agencies and utility districts
BV’s professional plan checkers will provide a comprehensive assessment of the conformance of submitted improvement
plans to these quality standards as well as others required by the City of Chino.
Plan Check Tasks
The following outlines the firm’s typical scope of services for the review of plans:
• Check design for conformity to the approved tentative map and conditions of approval
• Evaluate the layout for consistency with the final map • Review grading plans for consistency with the applicable drainage standards and grading ordinance
• Erosion and sediment control provisions
• Storm Water Pollution Prevention Plans and RWQCB
N.O.I.
• Review horizontal and vertical alignment of streets for conformance to the applicable street design standards,
check pavement structural section against geotechnical
recommendations
• Review storm and sanitary sewer systems and
hydrology/hydraulic calculations
• Review water distribution system for fire hydrant and valve spacing
• Street light spacing, and location for potential conflicts • Review underground utilities for crossing clearances and conflicts
• Review for compliance with outside agency
requirements
• Water, sewer and reclaimed water mechanical and
electrical plans
• Structural and technical calculations, studies, and
reports associated with various plan submittals
• Tract and parcel maps
• Records of Survey
• Lot line adjustments
• Easement documents
• Water Quality Management Plans
• Review quantities, estimates and schedules
• Other plans, drawings, specifications, and surveying
documents as needed.
Prompt delivery of quality plan checks is the hallmark of BV’s service. To achieve this, it is important for the plan examiner to see the “big picture” during the approval process and to expedite the review while assuring adherence to all City standards and requirements.
At the completion of each review, comments noting any
deficiencies are prepared for the applicant. Review comments may be distributed by the City staff or directly to the applicant
3. DETAILED WORK PLAN
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24 3. DETAILED WORK PLAN24
by BV depending on the City’s preference. Copies of review letters are always forwarded to the City for its records and files. The firm’s customary practice is to provide comments in narrative form in a memorandum. BV finds this method to be more precise than just marking the submittal alone.
Additionally, this method facilitates the transmission and preservation of comments in an electronic format.
Development Review and Entitlement Processing
Accurate, timely civil engineering plan and final map reviews facilitating land development projects requires a strong public-private partnership. Project momentum must be
balanced with engineering, water quality, traffic, public safety, and final map plans which comply with applicable codes, requirements, and design standards. The various
parties need impartial counsel from registered engineers and land surveyors with a quick turnaround of review comments.
Development review and entitlement processing involves
working seamlessly with the public agency and developer in the preliminary planning stages. This facilitates development agreements along with the review of civil engineering plans and maps for conformance, including conditions of approval, along with local and other applicable ordinances and
standards. All work will be performed under the direction of BV’s registered Civil Engineers. BV utilizes proven best practices, staff specialists, and comprehensive web-based tools to provide timely review, responsiveness, and accurate and detailed review comments.
Flood/Floodplain Management
BV provides a comprehensive review of projects proposed within the designated floodplain. The firm will review
plans for compliance with federal, state, and local adopted regulations and practices. Plan checks will consider FIRM map designations, Flood Plain Elevation Certificate review, and also consider any LOMA, LOMR, or CLOMR’s appropriately approved for the proposed project. Flood plain resistant construction will be plan checked and inspected in
accordance with adopted regulations and standards as well as pertinent FEMA Technical Bulletins.
A Foundation Rooted in Design
BV seeks to deliver review services which meet the high standards of its municipal clients. When it comes to the specific review services being requested by the City, a strong foundation which enables the delivery of this caliber of services goes beyond engineering licenses and a deep understanding of code compliance specifications and
regulations. There is added benefit to having a team with a robust engineering design background which enables these individuals to understand both sides of the development process. BV is a firm which has such a team.
Civil engineering services at BV are an integral part of the firm’s planning, infrastructure, and facilities work. In addition to providing street, grading and drainage, and utility design services, BV’s civil group offers specialized expertise in the areas of site development, transportation, water resources, water and wastewater, and construction administration and management. BV is actively involved in projects from pre- design through construction, providing bid phase assistance, contract administration, and management support. The
firm is highly experienced in the entire planning, design, and construction process of capital projects.
BV’s team has provided civil engineering plan design and review services performed by licensed engineers with
direct experience with site grading, drainage, National Pollutant Discharge Elimination System (NPDES), Standard Urban Stormwater Management (SUSM) Plan, Low Impact
Development (LID), and hydro-modification. The firm’s team is highly qualified because of their extensive experience in planning, design, construction, and maintenance of
structures and altering geography to meet a client’s specific needs for each project assigned.
Civil engineering services include:
• Conceptual, preliminary and final design for projects • Program and project management
• Right of way engineering
• Regulatory permit processing
• City design review processing
• Materials and methods technical specification
preparation
• Construction support services
• Surveying
• Record drawing preparation
• ADA compliance
• Site development & Subdivision (i.e., lot line adjustment, tract map, parcel map, certificate of compliance)
• Land Development (i.e., grading, streets, hydrology,
water quality management plan)
• Utilities (i.e., wireless telecommunication and investor- owned utilities)
• Storm drain hydrology
• Structural designs
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25 3. DETAILED WORK PLAN25
MAP REVIEW AND SURVEYING SERVICES
BV’s professional staff can provide comprehensive Surveyor services as required by the City.
Final Maps and Parcel Maps
Review Final Maps and Parcel Maps for conformance to the requirements of the Subdivision Map Act, the Land Surveyors Act, the City’s Municipal Code and ordinances, the approved Tentative Map, and any conditions of approval which have been set by the Planning Commission. Certification of the technical accuracy of approved maps in accordance with
§66442 and §66450 of the Subdivision Map.
Reversions to Acreage
Review Reversions to Acreage Maps prepared pursuant to the City’s Municipal Code and ordinances.
Lot Line Adjustments and Parcel Mergers
Review of legal descriptions prepared to affect Lot Line Adjustments pursuant to the City’s Municipal Code
and ordinances.
Legal Descriptions and Plats
Review and/or preparation of legal descriptions and plats for right-of-way takes, easements, or for other purposes when necessary.
Certificates of Correction
Review of proposed map amendments and Certificates of
Correction prepared pursuant to the City’s Municipal Code and ordinances.
STORMWATER COMPLIANCE
As a national leader in program administration services, BV offers a comprehensive solution to Stormwater NPDES
compliance needs. The firm has been at the forefront of stormwater compliance understanding issues and challenges faced by agencies.
BV’s depth of in-house expertise assures no ramp up and fully-integrated programmatic solutions from developing, implementing, and coordinating the City’s overall compliance program to plan production and review, staff training, and site inspection.
As a NPDES Coordinator for various cities, BV developed a proven, programmatic approach to NPDES compliance
activities. The firm has successfully written and received approval from Regional Water Quality Control Boards
(RWQCBs) for local implementation plans and represented agencies at Principal Permittee meetings to respond to
questions regarding permit implementation.
Consequently, BV staff have the perspective and experience to translate RWQCB expectations for permit requirements into an efficient and manageable program. The firm’s seasoned engineering staff has prepared Stormwater Pollution
Prevention Plans (SWPPPs) and Water Quality Management
Plans (WQMPs, also called Stormwater Management Plans), provided plan check of SWPPP and WQMP documents,
developed cost-effective Best Management Practices (BMPs), and inspected construction BMPs for municipal projects and yearly industrial/commercial facilities. As part of this work, BV staff also prepared materials and have spoken on behalf of agencies regarding public information and education
outreach. The firm has the resources and expertise to get the job done - more quickly, cost-effectively, and accurately for the City.
OTHER ENGINEERING TASKS WHEN NECESSARY
BV has a team of experts who are equipped to provide
exemplary deliverables associated with the provision of General Plan Check Services & Other Related Engineering Services to the City of Chino. Each individual brings a wealth of knowledge unmatched in the industry and demonstrates proven experience in performing the required scope of
work detailed in the request as well as an extensive list of certifications and licenses.
APPROACH TO MANAGING RESOURCES
BV will meet with the City to define their scope of services, project performance needs and expectations, any key issues that may need special attention, turnaround review schedule, communication and work flow process protocol, and key
stakeholder contacts. Setting expectations initially promotes a partnership to create a customized solution which achieves project goals.
BV has the ability to perform all of the requirements outlined in the RFQ, including reviews of digital engineering documents and plans for correctness, compliance with federal, state, county and local regulations, design calculations and
technical specifications related to materials for proposed improvements; preparing and transmitting digital lists of correction and plan redlines to the responsible party and City; attendance as needed at meetings on project issues; responding to inquiries on status and/or plan check issues;
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26 3. DETAILED WORK PLAN26
and retaining digital record of plan check activity to include supporting documentation for the contract period and
one year thereafter, rendering the digital record to the City upon request. BV will faciliate the use of the Bluebeam Revu software product for the City of Chino’s plan review needs.
As an ISO 9001 certified firm, BV undergoes systematic, independent audits of its management systems to meet rigorous objectives and provide continuous improvement in key areas.
The firm consistently incorporates proven best practices and protocols as part of its quality management system to meet and exceed ever-increasing customer requirements.
These tools include implementation of an established
quality assurance/quality control program using the BV
CARE program for the intake, tracking, and review of plans to enhance quality and streamline processing/approval;
electronic plan check to expedite turnaround times which save time and money; and the utilization of web-based
document control system which fosters collaboration,
24/7 access to documents and reports, and enhances
overall communication.
Plan Check Process
Our team becomes familiar with the requirements
of a public agency before beginning a review and continually monitors trends and legislation in order to advise the City on ordinances and standard practices to consider for adoption.
BV has extensive public sector experience, which assures that public interests are fully protected. We understand that careful consideration of issues and impacts is needed in addition to technical expertise. We have devoted a great deal of time over the years to refining our approach and developing documentation to assist our clients and train our staff to ensure highly efficient plan review procedures.
BV will work to ensure that submittals are properly
coordinated and tracked by following an established internal plan check coordination process in which each plan received for review is entered into our Protrak database, processed and returned on time to the client. Our plan tracking procedures are designed to track each submittal throughout the review process and maintain accurate and comprehensive records for each submittal. To accomplish this we:
• Screen and log each application to assure that they
are routed to all plan reviewers in a timely manner.
• Submittals are reviewed for compliance with all
ordinances. The log serves as a tracking device to assure turnaround times and completeness of the review.
• Plan reviews will be done in accordance with
local, state and federal regulations with which local
jurisdictions are mandated to enforce as well as all
codes and ordinances in effect by adoption at the
time of plan review. Preliminary consultations will be
provided to the applicant upon request, to assist and
guide them in the design and plans preparation process. • Information shown on each permit application
is verified. Construction valuation is based on
information provided by the City of Chino and compared
to estimates provided by the applicant.
• Preparation of a review letter report.
• Plan review management.
• BV assures that corrections are handled as quickly
and as clearly as possible. Our goal is to help
the applicant through the plan review process. All
corrections are identified based on compliance with
specified codes and regulations.
Generally, corrections are identified in two ways. Notes are made on plans during electronic review or on hard copy
plans, if appropriate, and a correction sheet is generated detailing what items need to be addressed before plans
are approved. To facilitate a thorough plan check, BV has developed comprehensive checklists for grading, both
rough and precise, street improvements, storm drain
improvements, and hydrology/hydraulic studies which
incorporate standards of practice for all agencies within San Bernardino County. The firm can utilize these checklists or, if the City prefers, the City’s checklist. Correction sheets for specific projects shall be forwarded to the City along with a cover memo containing at least the following:
• The date(s) plans were received and reviewed.
• The date(s) the applicant was notified of completed plan reviews.
• The name and telephone number of the applicant.
During the plan check process, BV is prepared to meet with the applicant or engineer, City employees, or consultants at any time. Telephone discussions, remote meetings using platforms such as Zoom or other online forums, or meetings at project sites are welcomed to assure any plan check
issues are handled efficiently. The firm proposes to meet at the offices of the Development Services Department or at a particular project site. BV’s goal is to issue approved plans as quickly as possible but in full compliance with laws, codes, ordinances, and regulations. Upon completion of the plan checks, the following information package of deliverables is prepared and logged as a minimum:
• Completed plan check documents including sign-offs.
• Transmittal letter documenting any conditions
associated with issuance of a permit, if any.
• Marked up plan review documents.
• Two sets of approved plans.
• Backup documents and reports.
• Documents provided in desired City format.
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• Transmittal of Plans and Correction Lists
Transmittal of Plans and Correction Lists
BV assumes responsibility for the pickup and return of plans.
All plans shall be picked up from the City offices within 24 hours of notification. Should the volume of work be sufficient, the firm proposes to establish regular pick up of plans on a consistent basis. BV will also utilize a shipping courier at no additional cost to the City. Upon completion of each plan review, the firm will forward a copy of the correction list to both the City and the applicant by email. When
corrected plans are resubmitted, the previous procedure will be followed or the applicant may schedule an office visit to examine any corrections in person. When plans are completed they are stamped, signed, and forwarded by BV staff. The firm’s transmittal forms will be customized for the City of Chino.
Electronic Plan Review
Electronic plan review uses a
software which presents customers
with a convenient alternative solution to printing and
delivering paper plans to City offices at zero cost. This modern solution has become especially valuable as municipalities seek to continue service delivery to their communities while focusing on health and safety during the COVID-19 crisis.
The proposed personnel have extensive experience using
many commonly used platforms such as e-PlanSoft ( the
City’s current system ), Energov, CityTech, ProjectDox, Bluebeam, Central Square, Accela, and Cityworks.
As part of this process, plans are first submitted as PDF files via a secure and confidential FTP site in which the client also has access. Our staff then reviews these plans and places comments and redlines directly on the plans, corresponding to areas needing revisions.
Next, redlined plans with comments are forwarded to, or placed on, the secure FTP site for the designers, engineers, and architects. Plans can then be revised and resubmitted via the same method described. Once all items are resolved, hard copy plans are sent to BV for approval stamps and signatures.
Finally, these stamped and signed approved drawings are sent to the jurisdiction for permitting.
Benefits of Electronic Plan Review to the City
• A paperless solution – available anytime, anywhere
• A web-based tool accessible by customers, applicants
and employees
• Improved project management and communication
• Delivers online reports and other data as required by the project
• Simplifies administrative procedures and streamlines
communications
• No expensive hardware / software requirements or
extensive training
BV has successfully implemented and utilized digital plan review in over 60 federal, state, and local agencies for multiple years.
Plan Review Turnaround Times
BV acknowledges the City’s maximum turnaround times in
the RFP and shall meet or exceed the City’s requirements. BV provides plan review activities on a fast-track basis to reduce the impact on project contraction schedules. Turnaround times for each submittal relate to the size and nature of the submittal and impact on the project construction schedule.
To reduce turn around times for plan check, the firm uses electronic submittals, phased submittals, conference calling, video-conferencing, and visits by plan check staff to design offices of the engineer or architect.
TYPE OF PLAN CHECK TIMEFRAMES
Standard Maximum
Working Days
Initial Submittal 10
Second Submittal 5
Third Submittal 3
Final Submittal 2
Revisions/Resubmittals 5
Delta revision change re-construction phase 7
Delta revision change during construction
phase
5 Fast Track
Initial Submittal 7
Subsequent Submittals 3
For simpler rechecks, services can be performed by
appointment at the BV office.
BV is available to provide valued-added deliverables such as tracking logs, reports, 24/7 access to web-based documents, and electronic plan check. The firm offers maximum flexibility in doing the work remotely as much as possible.
QUALITY ASSURANCE PROGRAM
BV associates all share the responsibility for continual improvement of the firm’s quality management process and believe the program, supported by the BV business model and its code of ethics, will ensure the continual delivery of high quality products and services to the City of Chino. In doing so, the firm will establish itself as the City’s preferred supplier in conformity assessment and certification services in the
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28 3. DETAILED WORK PLAN28
fields of quality assurance, health and safety, environment, and social responsibility (QHSE).
BV’s quality management system provides the framework
for continual improvement of its internal management
processes and resources which will in turn add value for the City through the services offered and delivered. In addition, our quality management system gives the company and
the City the confidence that the provision of services and products will be delivered consistently to predetermined high standards worldwide.
Budget Controls and Billing Related
Quality Assurance - FLEX
Budget control is achieved by closely
monitoring work assignment labor and
direct expenses. Work reports must be
completed by each individual and the
labor hours must be approved by the project manager
before being charged to The City. Similarly, expense reports and other direct expenses must be approved by the project manager prior to entering into the cost data system.
To ensure optimal administration of the main functionalities of contract management and the facilitation of billing related quality assurance, BV utilizes FLEX, a software developed by J.D. Edwards World Solution Company. FLEX is a reference repository which is comprised of all billing and contractual information (invoices, work assignments, expenses, labor reports, project reports, etc.). This state of the art system assists BV in implementing and maintaining a number of
budget and cost control processes which:
• Ensures data integrity and allows for a flexible and
secure billing process
• Enhances billing efficiency and productivity
• Minimizes revenue leakage by monitoring its sources
through control reports
FLEX ensures contract and budget control via standardized features and alignment of project information in real time.
Additionally, the system is designed to promote contract follow up from project outset to closing, which helps to establish and maintain optimal communication.
Project Management and Schedule Controls -
Quickbase Protrack
Work assignment schedules will be managed on several
levels. The project manager will maintain regular contact with the City manager to communicate the project status and progress on deliverables. In addition, an internal schedule including critical milestones and deliverable due dates will be established prior to initiating the task work. This allows ample time for editorial and technical review, changes, and assurance in schedule compliance.
In order to efficiently and effectively track project workflow BV employs Protrack, a quality assurance software solution created by Quickbase. This custom-built program was
developed specifically to meet the needs of the firm and enhance its project management capabilities in service to its clients. Protrack monitors numerous pieces of project data in real time including, but not limited to, project schedule status, active projects by office, project type, number of active projects per client, weekly number of new projects initiated, and much more. The program’s dashboard allows users to generate reports which can provide an overall
snapshot of BV’s current activities or can be filtered to present precise details regarding a specific project or client.
The crucial information monitored in Protrack not only aids in maintaining schedules and project turnaround times but also gives the firm the capacity to make decisive course corrections which ensure deliverables of the highest caliber and complete customer satisfaction. Furthermore, Protrack is designed to work collaboratively with BV’s billing and invoicing software, FLEX, to enable the consistent completion of projects on-time and on-budget.
Accurate, Timely, and Responsive Plan Reviews
BV’s plan check process highlights the tools and techniques the firm will employ to deliver quality, accurate, timely, and responsive plan reviews:
• Reliable and Responsive Service: BV’s Project Manager, through the firm’s CARE plan review and processing
program, proactive communication, proven project
management tools, and best practices will anticipate
the City’s needs and quickly respond with accurate and
detailed information every step of the way. The firm
is available to meet with the City at its convenience
to discuss procedures and projects to maintain
momentum and schedule.
• Efficiently Meet Turnaround Review Schedule and
Maintain Development Momentum: A premium will be
placed on BV staff’s already well-grounded knowledge
of the City’s processes and requirements to pro-actively facilitate communication and processing. The firm will
work to ensure proven quality assurance and schedule
control measures are implemented.
• Maintain Accuracy and Cost Savings Through Proven
Processes and Continuity: BV is able to provide
integrated, standardized processes and innovative
digital, web-based solutions at no additional cost.
Utilized by seasoned staff members who have worked
successfully on plan check projects, this helps ensure
reviews are consistent, thorough, accurate, and done
right the first time. The firm is able to customize its approach for the City based on its needs in order to
deliver solutions with positive results.
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• Customized Check Lists and Tracking Logs: A key to
maintaining close communication is the ability to give
the stakeholders (including elected officials, City staff, businesses, property owners, and other members of
the public) status updates on where projects are in the review process. BV will utilize customized check lists and tracking logs for the City of Chino according to its needs to ensure the successful delivery of services.
CARE Program – A Proven, Formalized & Integrated Plan
Review Process
The plan review process we follow for efficient completion of concurrent task management is shown in the flowchart below and managed through our CARE Program, a formalized and integrated process whereby Coordination, Analytical, Review, and Expert management/quality control functions are consistently implemented on each and every project.
We will implement a comprehensive program based on best practices to validate that each and every review is thorough, accurate, consistent, and timely. This system’s success is based on thousands of hours of practical, real-world experience by our dedicated personnel and their unique
ability to interact quickly and efficiently with your staff. The specific roles of each of our CARE elements include:
Coordinator: Our clerical personnel will handle various administrative functions, such as logging information
(project tracking, time budgeting), managing project controls, maintaining and distributing communications, reviewing
agendas and ordinance issues, and fielding calls on project status. The Coordinator is the first line of contact for each project submittal.
Analyst: Our analysts will review submittals, title sheets, and non-design items; maintain files; monitor due dates; monitor contract budget and status tracking reports; and coordinate invoicing. Our analysts also maximize and “right place” personnel resources to meet turnaround times in a quality manner. When assigning resubmittals to staff, our Analyst ensures consistency by passing the project to the same
reviewer that performed the previous reviews. Reassignments are done when unforeseen circumstances dictate.
Reviewer: Our experienced public works plan reviewers will routinely review agency standards, ordinances, guidelines, and checklists; create comments letters; coordinate project return with the coordinator; attend review meetings; and communicate questions/solutions to project stakeholders.
Because of our depth of resources and project tools
(checklists, corrections letters, etc), reassigned projects can be reviewed without missing deadlines or causing
unnecessary rechecks.
Expert: Our experts will provide quality review of applicable plans, studies, and reports in accordance with all accepted engineering, Subdivision Map Act, and industry professional practices and shall comply with the applicable regulations; visit the client contact regularly; monitor project progress with the reviewer; disseminate project/agency information to the team; train team members; peer review comments letters; and communicate questions/solutions to stakeholders. Our Experts provide the quality assurance reviews to each project which will minimize the number of resubmittals.
Bureau Veritas
Receives Plans &
Enters Information
Into Web-Enabled
System & Tracking Log
City of Chino
Assigns Project
Submittal Intake
Checklist
Discuss Key
Issues with City
Quality Review
Prepare
Corrections Memo
Engineer or Land
Surveyor of Work
Enter Information
Into Web-Based
Tracking System
Title Sheet & Bond
Estimate Review
Distribute Plan
to Appropriate
Plan Reviewers
C
A
R
E
Coordinator Analyst Reviewer Expert
Hydrology /
Hydraulic Report
Storm Drain
Improvement
Plan Review
Street
Improvement
Plan Review
Sewer
Improvement
Plan Review
Rough &
Precise Grading
Plan Review
NPDES /
WQMP Review
Structural
Plan Review
Tract &
Parcel Maps
PLAN REVIEW PROCESS
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UNIQUE STRENGTHS
Single Source Multidisciplinary Firm
BV is a firm supported by a range of California licensed professionals and engineers. Our deep bench of
multidisciplinary internal resources enables us to support nearly any client project requirements, and we have created a team for this City contract based off our successful past project experiences providing plan reviews for municipal public projects.
Integrated Solutions
We consider ourselves to be “problem solvers” and we bring to each challenge a fresh outlook, considering individual and unique program requirements, criteria, and budget
limitations of the specific project.
Responsive and Seamless Team
We have assembled a team capable of responding promptly and providing quality plan review and supporting engineering services on all types of task orders. We are ready to begin work today.
Depth of Professional Talent
BV has extensive resources and a large pool of licensed and certified experts who are experienced in California communities and equipped to handle the City’s needs. The firm’s professionals have extensive experience in educational, residential, commercial, industrial, and other related projects of all sizes and complexities which allow them to tailor solutions specifically to client needs.
DESCRIPTION AND ROLE OF SUBCONSULTANT PARTNERS
Additional/Optional Services
In an effort to ensure all-inclusive service delivery to the City for the provision of requested services, BV will be partnering with subconsultant partners. The firm selects its subconsultant partners for contracts of this nature based on a variety of factors including past working relationships for other similar clients, geographic proximity to the City, and the strategic utilization of DBE and SBE businesses.
To augment our City of Chino team, we’ve included these subconsultants: Alliance Group and Ninyo and Moore. Alliance Group will provide traffic engineering services, while Ninyo and Moore will provide geotechnical and pavement services.
The Alliance Group
The Alliance Group (TAGC) As a
California based transportation
engineering firm, TAGC provides
a wide spectrum of design and
management services: Project/Program Management,
Construction Management, Project Controls and Engineering Design Services. The firm is certified as SBE, DBE, MBE and LSBE. Engineering Design services includes Highway/ Roadway & Rail design, Hydrology & Hydraulic Studies/
Drainage Design/Water Quality Management, Utility
Investigations, Evaluation and Relocation Design Services, Traffic Engineering & Street Light Design Services along with Third Party Coordination & Permitting Support Services.
Ninyo And Moore
Since 1987, clients have turned to
Ninyo & Moore, an MBE, as the leading
geotechnical and environmental
sciences engineering and consulting
firm. Ninyo and Moore has registered
geotechnical and civil engineers, geologists, hydrogeologists, engineering geologists, geophysicists, environmental
scientists, and specialists in fields such as regulatory issues and interpretation, hazardous waste management, health
and safety, and remedial action planning.
Ninyo & Moore offers fully equipped, well-staffed, state-of- the-art laboratory facilities, which have been accredited by AASHTO/AMRL, Caltrans, California Division of the State Architect, City of Los Angeles, City of San Diego, and U.S.
Army Corps of Engineers.
12.12.c
Award PSA for the Development Services Department -
Packet Pg. 700
Bureau Veritas | 600 N. Rosemead Blvd., Suite 233 Pasadena, CA 91107 P. 626.325.9800 | www.bvna.com
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CONFLICT OF INTEREST STATEMENT