139
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.
* * * * *
3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220. a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.
You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (h ttps://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily
140
excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325.
* * * * *
4. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants: a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals:
(1) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;
(2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act
requirements)
b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.
When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.
141
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL
ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph
(1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.
2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to
perform the contract work, (b) the number of employees
required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.
3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.
4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of
subparagraph (1c) above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the use of mineral resource materials native to the
Appalachian region.
6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site
work.
142
FAITHFUL PERFORMANCE BOND
Whereas, The City Council of the City of El Centro, State of California, and (hereinafter designated as “principal”) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 20 , and identified as project
, is hereby referred to and made a part hereof;
and
Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
Now, therefore, we, the principal and _ , as surety, are held and firmly bound unto the City of El Centro (hereinafter designated as “El Centro”) in the penal sum of dollars ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above-bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless El Centro, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by El Centro in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
In Witness Whereof, this instrument has been duly executed by the principal and surety above named, on , 20 .
PRINCIPAL
SURETY
BY
ATTORNEY IN FACT
END OF FAITHFUL PERFORMANCE BOND
143
LABOR AND MATERIAL BOND
Whereas, The City Council of the City of El Centro, State of California, and (hereinafter designated as “the principal”) have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated , 20 , and identified as project , is hereby referred to and made a part
hereof; and
Whereas, Under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of El Centro to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, the principal and the undersigned as corporate surety, are held firmly bound unto the City of El Centro and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of
dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of El Centro in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on , 20 .
PRINCIPAL
SURETY
BY
ATTORNEY IN FACT
END OF LABOR AND MATERIAL BOND
144
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:
I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.
Date Contractor’s Name
Contractor’s Signature
Title
ATTEST:
By
Signature
Title
END OF WORKERS’ COMPENSATION INSURANCE CERTIFICATE
145
DRUG/ALCOHOL TESTING REQUIREMENTS
The Contractor shall execute the following form as required by the Federal Drug and Alcohol, Section 49 CFR Part 382.
I agree to comply with the provisions of Federal Omnibus Transportation Employee Testing Act of 1991, and that I will administer a program of alcohol and drug testing of all commercial vehicle operators, as required by Federal Regulations.
Contractor certifies compliance with the City of El Centro’s Drug and Alcohol Free Workplace Policy as a condition of the State Drug-Free Workplace Act of 1990 (Government Code §§8350 et seq.) and the Federal Drug Free Workplace Act of 1988 (41 U.S.C.A. sections 701 et seq.) In addition, Contractor agrees to submit a copy of its own drug free workplace policy.
Dated
Contractor’s Name
Contractor’s Signature
Title
END OF DRUG/ALCOHOL TESTING REQUIREMENTS
146
CORPORATE CERTIFICATION
OR
PARTNERSHIP INFORMATION
Name of Corporation or Partnership
State of Incorporation
List names and addresses of each partner, or titles, names and business addresses of President, Secretary and Treasurer.
Date Contractor
Signature Title
ATTEST:
Signature by
Title
END OF CORPORATE CERTIFICATION
147
CONTRACTOR’S CERTIFICATION OF QUALIFICATION
FOR LICENSE CLASSIFICATION
After award of the contract, the Contractor, whether an individual, co-partnership, limited partnership, corporation, or any other combination or organization, shall execute the following form:
1. If an individual, I hereby certify that I am, or my responsible managing employee (insert name) is, qualified for the license classification called for in these contract documents.
2. If a co-partnership or limited partnership, the general partner hereby certifies that the general partner (insert name), or responsible managing employee
(insert name), is qualified for the license classification called for in these contract documents.
3. If a corporation, or any other combination or organization, the responsible managing officer (insert name), or a responsible managing employee
(insert name), is qualified for the license classification called for in these contract documents.
If the individual who qualifies the Contractor for the license classification called for in these contract documents changes during the progress of the work, then Contractor shall, within seven (7) days of any such change, notify the Director of Public Works in writing of such change, including the name, license number and status of the individual.
For the purpose of this Certification, a responsible managing employee shall mean an individual who is a bona fide employee of the Contractor and is actively engaged in the classification of work for which that individual is the qualifying person on behalf of the Contractor under California law.
DATED: CONTRACTOR:
SIGNATURE: TITLE:
ATTEST:
SIGNATURE BY:
TITLE:
148
WAGE RATES
(Latest edition of wage rates will be
included in this projects section on the
City Website:
http://www.cityofelcentro.org/pworks/ind
ex.asp?m=1&page=68)
Exhibit 12-G
Required Federal-Aid Contract Language
Local Assistance Procedures Manual
October 2023
EXHIBIT 12-G: REQUIRED FEDERAL-AID CONTRACT LANGUAGE
(For Local Assistance Construction Projects)
The following language must be incorporated into all Local Assistance Federal-aid construction contracts.
The following language, with minor edits, was taken from the Code of Federal Regulations.
MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS
SECTION
1. SUBCONTRACTOR PROGRESS PAYMENT .....................................................................................................2 A. This item intentionally left blank...........................................................................................................3 B. This item intentionally left blank...........................................................................................................3 C. Prompt Progress Payment.................................................................................................................... 3 D. Prompt Payment of Withheld Funds to Subcontractors ................................................................... 3 E. This item intentionally left blank..........................................................................................................4 F. This item intentionally left blank...........................................................................................................6 G. This item intentionally left blank...........................................................................................................7 H. This item intentionally left blank...........................................................................................................7 I. This item intentionally left blank ...........................................................................................................8
2. BID OPENING ...................................................................................................................................................... 9
3. BID RIGGING ....................................................................................................................................................... 9
4. CONTRACT AWARD........................................................................................................................................... 9
5. CONTRACTOR LICENSE.................................................................................................................................... 9
6. CHANGED CONDITIONS .................................................................................................................................... 9 A. Differing Site Conditions....................................................................................................................... 9 B. Suspensions of Work Ordered by the Engineer................................................................................. 9 C. Significant Changes in the Character of Work .................................................................................10
7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES........................................10
8. BUY AMERICA...................................................................................................................................................10
9. QUALITY ASSURANCE ....................................................................................................................................11
10. PROMPT PAYMENT..........................................................................................................................................12
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS ..........................12
12. CONTRACTORS ANNUAL EEO REPORT (FORM PR-1391)...........................................................................12
13. TITLE VI ASSURANCES....................................................................................................................................14
14. FEDERAL TRAINEE PROGRAM ......................................................................................................................19
15. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND SERVICES..........................................................................................................................................................20 Imperial Ave. Traffic Signal Synchronization
CML-5169(058)
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2023
1. SUBCONTRACTOR PROGRESS PAYMENT
See next page for Subcontractor Progress Payment.
Imperial Ave. Traffic Signal Synchronization
CML-5169(058)
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2023
A. This item intentionally left blank
B. This item intentionally left blank
C. Prompt Progress Payment
In accordance with California Business and Professions Code section 7108.5, the prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal.
D. Prompt Payment of Withheld Funds to Subcontractors
The Agency may hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The Agency shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. The Agency shall include either Method 1, Method 2, or Method 3 below and delete the other two.
Method 1: No retainage will be held by the Agency from progress payments due to the prime contractor.
Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the Imperial Ave. Traffic Signal Synchronization
CML-5169(058)
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2023
contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor.
Method 2: No retainage will be held by the Agency from progress payments due to the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor within seven (7) days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor.
Method 3: The Agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor.
Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.
E. This item intentionally left blank
Imperial Ave. Traffic Signal Synchronization
CML-5169(058)
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2023
Imperial Ave. Traffic Signal Synchronization
CML-5169(058)
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2023
F. This item intentionally left blank
Imperial Ave. Traffic Signal Synchronization
CML-5169(058)
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2023
G. This item intentionally left blank
H. This item intentionally left blank
Imperial Ave. Traffic Signal Synchronization
CML-5169(058)
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2023
I. This item intentionally left blank
Imperial Ave. Traffic Signal Synchronization
CML-5169(058)
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2023
2. BID OPENING
The Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors.
3. BID RIGGING
The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424- 9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.
4. CONTRACT AWARD
If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder.
5. CONTRACTOR LICENSE
The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (23 CFR 635.110).
6. CHANGED CONDITIONS
A. Differing Site Conditions
1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.
2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.
3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.
4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. [This provision may be omitted by the Local Agency, at their option.] B. Suspensions of Work Ordered by the Engineer
1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.
2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted.
Imperial Ave. Traffic Signal Synchronization
CML-5169(058)
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2023
3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.
4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.
C. Significant Changes in the Character of Work
1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.
2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair andequitable.
3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.
4. The term “significant change” shall be construed to apply only to the following circumstances:
• When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or
• When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.
7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed.
This work shall be diligently prosecuted to completion before the expiration of WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed.
The Contractor shall pay to the City/County the sum of $ per day, for each and every calendar days’ delay in finishing the work in excess of the number of working days prescribed above.
8. BUY AMERICA
Buy America Requirements apply to steel and iron, manufactured products, and construction materials permanently incorporated into the project.
Steel and Iron Materials
All steel and iron materials must be melted and manufactured in the United States except:
1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];
2. If the total combined cost of the materials produced outside the United States does not exceed the greater of 0.1 percent of the total contract amount or $2,500, materials produced outside the United States may be used if authorized.
Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. All melting and manufacturing processes for these materials, including an application of a coating, must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied.
Imperial Ave. Traffic Signal Synchronization
CML-5169(058)
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2023
Manufactured Products
Iron and steel used in precast concrete manufactured products must meet the requirements of the above section (Steel and Iron Materials) regardless of the amount used. Iron and steel used in other manufactured products must meet the requirements of the above section (Steel and Iron Materials) if the weight of steel and iron components constitute 90 percent or more of the total weight of the manufactured product.
Construction Materials
Buy America requirements apply to the following construction materials that are or consist primarily of:
1. Non-ferrous metals
2. Plastic and polymer-based products such as:
2.1 Polyvinylchloride
2.2 Composite Building Materials
3. Glass
4. Fiber optic cable (including drop cable)
5. Optical fiber
6. Lumber
7. Engineered wood
8. Drywall
All manufacturing processes for these materials as defined in 2 CFR 184.6 must occur in the United States.
Where one or more of these construction materials have been combined by a manufacturer with other materials through a manufacturing process, Buy America requirements do not apply unless otherwise specified.
Furnish construction materials to be incorporated into the work with certificates of compliance with each project delivery. Manufacturer’s certificate of compliance must identify where the construction material was manufactured and attest specifically to Buy America compliance.
All manufacturing processes for these materials must occur in the United States.
Buy America requirements do not apply to the following:
1. Tools and construction equipment used in performing the work
2. Temporary work that is not incorporated into the finished project Waivers
If Buy America waivers are granted, use the following language to include in the contract:
The following steel and iron products, manufactured products, or construction materials have received an approved Buy America waiver for this contract, and therefore, are not subject to Buy America requirements:
1. _______________________________
2. _______________________________
9. QUALITY ASSURANCE
The Local Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. The Local Agency may examine the records and reports of tests the prime contractor performs if they are available at the job site. Schedule work to allow time for QAP.
Imperial Ave. Traffic Signal Synchronization
CML-5169(058)
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2023
10. PROMPT PAYMENT
A. FROM THE AGENCY TO THE CONTRACTORS
The Local Agency shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from the Contractor on a construction contract. If the Local Agency fails to pay promptly, the Local Agency shall pay interest to the Contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the Local Agency shall act in accordance with both of the following:
1. The Local Agency shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
2. The Local Agency must return any payment request deemed improper by the Local Agency to the Contractor as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.
B. THIS ITEM INTENTIONALLY LEFT BLANK
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS [Form FHWA-1273 must be physically inserted into the contract without modification, excluding ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS.]
[The current version of Form FHWA-1273 is accessible at FHWA’s website:
https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf]
12. CONTRACTORS ANNUAL EEO REPORT (FORM PR-1391)
Imperial Ave. Traffic Signal Synchronization
CML-5169(058)
For the last full week of July during which work is performed under the contract, the prime contractor and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15.
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2023
Imperial Ave. Traffic Signal Synchronization
CML-5169(058)
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2023
13. TITLE VI ASSURANCES
[The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a contractor to contain Appendix A and E.
Note: Appendix B only requires inclusion if the contract impacts deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein. Appendices C and D only require inclusion if the contract impacts deeds, licenses, leases, permits, or similar instruments entered into by the recipient.]
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
a. Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: CONTRACTOR shall provide all information and reports required by the Imperial Ave. Traffic Signal Synchronization
CML-5169(058)
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2023
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a subapplicant or supplier as a result of such direction, CONTRACTOR may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:
NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title Imperial Ave. Traffic Signal Synchronization
CML-5169(058)
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2023
VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
Imperial Ave. Traffic Signal Synchronization
CML-5169(058)
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2023
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE
ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such Imperial Ave. Traffic Signal Synchronization
CML-5169(058)
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2023
programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Imperial Ave. Traffic Signal Synchronization
CML-5169(058)
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2023
Federal Trainee Program Special Provisions
(to be used when applicable)
14. FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is .
This section applies if a number of trainees or apprentices is shown on the Notice of Bidders.
As part of the prime contractor’s equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved.
The prime contractor has primary responsibility for meeting this training requirement.
If the prime contractor subcontracts a contract part, they shall determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in each subcontract.
Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training.
Distribute the number of apprentices or trainees among the work classifications on the basis of the prime contractor’s needs and the availability of journeymen in the various classifications within a reasonable recruitment area.
Before starting work, the prime contractor shall submit to the City/County of :
1. Number of apprentices or trainees to be trained for each classification
2. Training program to be used
3. Training starting date for each classification
The prime contractor shall obtain the City/County of approval for this submitted information before the prime contractor starts work. The City/County of credits the prime contractor for each apprentice or trainee the prime contractor employs on the job who is currently enrolled or becomes enrolled in an approved program.
The primary objective of this section is to train and upgrade minorities and women toward journeyman status.
The prime contractor shall make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area and show that they have made the efforts. In making these efforts, the prime contractor shall not discriminate against any applicant for training.
The prime contractor shall not employ as an apprentice or trainee an employee:
1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman
2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training
The prime contractor shall ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. The prime contractor’s records must show the employee's answers to the questions.
In the training program, the prime contractor shall establish the minimum length and training type for each classification. The City/County of and FHWA approves a program if one of the following is met:
1. It is calculated to:
• Meet the equal employment opportunity responsibilities • Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period
2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts
Imperial Ave. Traffic Signal Synchronization
CML-5169(058)
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2023
The prime contractor shall obtain the State's approval for their training program before they start work involving the classification covered by the program.
The prime contractor shall provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in lower-level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.
The City/County of reimburses the prime contractor 80 cents per hour of training given an employee on thiscontract under an approved training program:
1. For on-site training
2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and prime contractor does at least one of the following:
a. Contribute to the cost of the training
b. Provide the instruction to the apprentice or trainee c. Pay the apprentice's or trainee's wages during the off-site training period
3. If the prime contractor complies with this section.
Each apprentice or trainee must:
1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill
2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program Furnish the apprentice or trainee a:
1. Copy of the training plan approved by the U.S, Department of Labor or a training plan for trainees approved by both Caltrans and FHWA
2. Certification showing the type and length of training satisfactorily completed Maintain records and submit reports documenting contractor’s performance under this section.
15. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND
SERVICES
In response to significant national security concerns, the agency shall check the prohibited vendor list before making any telecommunications and video surveillance purchase because recipients and subrecipients of federal funds are prohibited from obligating or expending loan or grant funds to:
• Procure or obtain;
• Extend or renew a contract to procure or obtain; or
• Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
The prohibited vendors (and their subsidiaries or affiliates) are:
• Huawei Technologies Company;
• ZTE Corporation;
• Hytera Communications Corporation;
• Hangzhou Hikvision Digital Technology Company;
• Dahua Technology Company; and
• Subsidiaries or affiliates of the above-mentioned companies.
Imperial Ave. Traffic Signal Synchronization
CML-5169(058)
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2023
In implementing the prohibition, the agency administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
The contractors should furnish telecommunications and video surveillance equipment with a certificate of compliance. The certificate must state telecommunications and video surveillance equipment was not procured or obtained from manufacturers identified in the above list.
Imperial Ave. Traffic Signal Synchronization
CML-5169(058)
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2025-394)
Item: 14.
Meeting: 12/16/2025 3:30 PM
Department: Community Development
Category: Resolution
Prepared by: Andrea Montano,
Associate Planner
Department Head: Angel Hernandez
DOC ID: 2025-394
Adopt Resolution No. 25- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO APPROVING A CONSULTING AGREEMENT WITH HARRIS AND
ASSOCIATES FOR THE NOISE, OPEN SPACE/RECREATION, AND SAFETY ELEMENT UPDATE.
CITY MANAGER'S RECOMMENDATION:
Adopt Resolution No. 25- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO APPROVING A CONSULTING AGREEMENT WITH HARRIS AND
ASSOCIATES FOR THE NOISE, OPEN SPACE/RECREATION, AND SAFETY ELEMENT UPDATE.
FISCAL IMPACT:
Consultant agreement in the amount of $199,998 which was allocated by Council during Fiscal Year 2025-2026.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Financial & Governance Stability & Sustainability
Community Health, Safety & Welfare
Economic Opportunity
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:
Harris and Associates has successfully completed the General Plan Update Program EIR and continues to provide on-call consulting services. They have prepared General Plan Updates for the cities of Victorville, Santee, Irvine, and the County of Monterey.
BACKGROUND:
During the 2025–2026 fiscal year, the City of El Centro City Council allocated $200,000 to update the Noise, Open Space/Conservation, and Safety Elements of the General Plan and to remove the outdated Economic Development Element. These elements were last revised in 2008 and require modernization to reflect current conditions and State requirements. The Noise Element update will incorporate current noise data and mitigation practices; the Open Space/Conservation Element will address contemporary resource management and community open space needs; and the Safety Element will align with updated hazard mitigation, climate adaptation, and emergency preparedness standards.
The Economic Development Element is optional and no longer utilized by staff.
DISCUSSION:
A Request for Proposals (RFP) was issued on September 15, 2025, with submissions due by October 15, 2025. Of the three proposals received, two advanced to the scoring and interview phase. The interview panel consisted of Fire Chief Joseph Bernal, Parks Supervisor Javier Villaverde, and Associate Planner Andrea Montaño. Following
evaluation, Harris & Associates received a total score of 272 points, and Rick Engineering received 253 points.
Based on the review process and final rankings, City staff recommends awarding a contract to Harris & Associates to provide planning consulting services for the Noise, Open Space/Conservation, and Safety Element Update.
CONCLUSION:
Adopt Resolution No. 25-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO APPROVING A CONSULTING AGREEMENT WITH HARRIS AND
ASSOCIATES FOR THE NOISE, OPEN SPACE/RECREATION, AND SAFETY ELEMENT UPDATE.
ATTACHMENTS:
1. Exhibit A- Resolution
2. Exhibit B- Professional Services Agreement
11/2025/cdz/A25-0196/Reso/ConsultantAgrmt/Harris&Assoc.
RESOLUTION NO. 25-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO APPROVING A CONSULTING AGREEMENT
WITH HARRIS AND ASSOCIATES FOR THE NOISE, OPEN
SPACE/RECREATION, AND SAFETY ELEMENT UPDATE.
WHEREAS, it is necessary for the City Council of the City of El Centro, California, (the “City Council”) to approve a professional service agreement with Harris and Associates for the Noise, Open Space/Recreation, and Safety Element Update; and WHEREAS, the City Council finds that the approval of this agreement is in the best interest of the City of El Centro, California.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS;
1. The above and foregoing is true, correct, and adopted.
2. That the City Council does hereby approve the Agreement.
3. That the City Manager is hereby authorized to sign the Agreement on behalf of the City, a copy of which is on file in the Office of the City Clerk and to take any and all necessary action to implement the provisions of this Resolution.
PASSED, AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the day of December, 2025.
CITY OF EL CENTRO
By __________________________
Sonia Carter, Mayor
ATTEST:
By _____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By _______________________________
Elizabeth L. Martyn, City Attorney
11/2025/cdz/A25-0196/Reso/ConsultantAgrmt/Harris&Assoc.
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss
CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 25- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of December 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By _________________________
Norma Wyles, City Clerk
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 1
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”), is made and effective as of January 5, 2026, between the City of El Centro ("City"), a municipal corporation, and Harris and Associates (“Consultant”), a corporation. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
I. TERM
This Agreement shall commence on January 5, 2026 and shall remain and continue in effect until all Tasks described herein are completed, but in no event later than February 27, 2027 unless sooner terminated pursuant to the provisions of this Agreement. All days set out in this Agreement are calendar days unless otherwise provided.
II. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full (the Tasks to be Performed or Tasks). Consultant shall complete the Tasks according to the schedule of performance which also is set forth in Exhibit A. To the extent that Exhibit A is a proposal from Consultant, such proposal is incorporated only for the description of the scope of services and no other terms and conditions from any such proposal shall apply to this Agreement unless specifically agreed to in writing.
III. PERFORMANCE BY CONSULTANT
A. Consultant shall at all times faithfully, competently, and to the best of their ability, experience, and talent, perform all Tasks. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
B. Consultant immediately shall notify the City Representative in writing of any delay in completion of the services. Such notice shall include the reason for such delay and a reasonable estimate of the length of the delay. If the delay materially effects performance of the Services, the City may terminate this Agreement under Section VI (Termination) or VII (Default).
C. Force Majeure. If delays in performance of the services are caused by the following unforeseen events or conditions beyond the reasonable control of City or Consultant, the time for performance may be extended by City only for the period of such events: war, changes in law or government regulation, labor disputes or strikes; fires, floods, adverse weather or other natural conditions preventing work; or inability to obtains materials, equipment or labor when the Consultant provides the City with timely evidence of its inability to obtain personnel.
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 2 D. Consultant may terminate this Agreement without cause upon providing at least 60 days prior written notice to the City of such termination. Within such time period, the Consultant shall complete any work necessary for the orderly termination of its consulting services
IV. CITY REPRESENTATIVE
City’s Community Development Director shall represent City in all matters pertaining to the administration of this Agreement, review and approve all products submitted by Consultant, but not including the authority to change the compensation due to Consultant except as provided in this Agreement (the “City Representative”) V. PAYMENT
A. The City agrees to pay Consultant in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed One hundred ninety-nine thousand nine hundred and ninety-eight dollars ($199,998.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City. Consultant shall be compensated for any such authorized additional services in the amounts and in the manner as agreed to by the City and Consultant at the time City's written authorization is given to Consultant for the performance of such services and/or as set for in Exhibit B.
C. Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. City shall use reasonable efforts to pay within forty-five (45) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees, it shall use its best efforts to give written notice to Consultant within forty-five (45) days of receipt of an invoice of any disputed fees set forth on the invoice.
D. It is understood and agreed that the City’s obligation to proceed under this Agreement is conditioned upon the appropriation of funds. If anticipated funds for payment under this Agreement are not forthcoming or are insufficient, the City shall have the right to terminate this Agreement without penalty upon ten (10) days prior written notice to Consultant. Notwithstanding, the City also may determine a source of additional funds.
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 3 VI. CITY’S SUSPENSION OR TERMINATION OF AGREEMENT
A. Except as otherwise provided herein below, the City may suspend or terminate this Agreement, or any portion hereof, without cause and for convenience by serving written notice of termination upon the other party at least ten (10) calendar days prior to the date of termination. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City terminates a portion of this Agreement, such termination shall not make void or invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, less any disputed amounts. Upon termination of the Agreement pursuant to this section, the Consultant will submit an invoice to the City as provided above.
VII. DEFAULT
A. Either Party’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that either party is in default for cause under the terms of this Agreement, the affected party shall promptly notify the deficient party of such default and following such notice shall have no obligation or duty to continue compensating or providing any work after the date of default and terminate this Agreement immediately by written notice to the other party. If such failure hereunder arises out of causes beyond either party’s control under Section III C above (force majeure), the provisions of that sub-section shall apply.
B. If the City Representative determines the Consultant is in default in the performance of any of the terms or conditions of this Agreement, City shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service of default to cure the default as directed by the City in the notice of default. In the event the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
VIII. OWNERSHIP OF DOCUMENTS
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the City at reasonable times to such books and records; shall give City the right to examine and audit said
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 4 books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files.
Consultant hereby grants to City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Consultant in the course of providing the services under this Agreement.
IX. INDEMNIFICATION AND DEFENSE
A. Indemnification: To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency and any and all of its officials, employees, agents, and/or volunteers (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this Agreement. Consultant’s duty to indemnify and hold harmless Agency shall not extend to the Agency’s sole or active negligence or willful misconduct.
B. Duty to defend
In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by Agency, Consultant shall defend the Indemnified Parties at Consultant’s cost or at Agency’s option, to reimburse Agency for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by Agency is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and Agency, as to whether liability arises from the sole or active negligence or willful misconduct of the Agency or its officers, employees, or agents, Consultant will be obligated to pay for Agency’s defense until such time as a final judgment has been entered adjudicating the Indemnified Parties as solely or actively negligent or to have acted with willful misconduct. Consultant will not be entitled in the absence
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 5 of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.
X. INDEPENDENT CONTRACTOR
A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
XII. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached hereto and incorporated herein by this reference as though set forth in full.
XIII. LEGAL RESPONSIBILITIES
a. The Consultant shall keep itself informed of local, state, and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement.
The Consultant shall at all times observe and comply with all such laws and regulations. The City, its officers, agents and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
b. Licenses. At all times during the term of this Agreement, Consultant shall have in effect all licenses required for the performance of the services described in this Agreement.
c. City Business License: At all time during the term of this Agreement, Consultant shall have in effect a City business license. d. Non-discrimination. Consultant shall not discriminate on the basis of any
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 6 protected state or federal class or association with such class in its solicitation, selection, hiring or treatment of its employees, vendors or suppliers. Consultant understands that violation of this requirement shall be a material breach of this Agreement and may result in its termination, debarment or other sanctions. This requirement shall be placed in all agreements between the Consultant and its employees, vendors and suppliers.
e. Drug-free Workplace. Consultant agrees to insure a drug free workplace. The Consultant shall certify to the City that it will provide a drug-free workplace by submitting a Consultant Certification for a Drug-Free Workplace form as provided by the City. The Consultant shall publish a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the workplace, and specifying the actions that will be taken against employees for violations of the prohibition. The Consultant also shall establish a drug-free awareness program to inform employees about all of the following: the dangers of drug abuse in the workplace; the policy of maintaining a drug free workplace; available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug abuse violations. In addition, the Consultant shall post the drug free policy in a prominent place. f. No Use of City logo or Product Endorsement. The Consultant agrees that any advertisement or notification identifying or referring to the City as a client of the Consultant requires the prior written approval of the City.
No City logo or other identifying mark may be used without the prior written approval of the City.
XIV. CONFLICTS OF INTEREST
a. Undue Influence. Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
b. No Benefit to City Employees. During their tenure and for one year thereafter, no officer or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the services under this Agreement shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the services performed under this Agreement.
c. Consultant covenants that neither Consultant nor any officer or principal of their
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 7 firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subconsultant. To the extent applicable, Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement.
d. Form 700. Consultant is subject to all applicable federal, state and local conflict of interest laws, regulations and policies applicable to its contract with the City and procurement practices related to such contract, including but not limited to the those under the Political Reform Act and its regulations or California Government Code Section 1090 et seq. Consultant may be required to complete Form 700’s or similar forms as determined under Exhibit D, attached and incorporated.
e. Levine Act Compliance. The Consultant shall complete and comply with the provisions of Exhibit E, attached and incorporated, regarding compliance with the Levine Act.
XV. RELEASE OF INFORMATION
a. Consultant shall keep in strict confidence all information, data, documents, and materials, whether oral, written, or electronic, that are designated as confidential or that a reasonable person would understand to be confidential (“Confidential Information”). Consultant shall not disclose or use any Confidential Information for any purpose other than the performance of services under this Agreement without the prior written consent of the City.
Notwithstanding the foregoing, Consultant may disclose Confidential Information to the extent required by applicable law, regulation, court order, or subpoena, provided that Consultant gives the City prompt written notice of such requirement (to the extent legally permissible) and cooperates with the City, at the City’s expense, in seeking a protective order or other appropriate remedy. If such protective order or remedy is not obtained, Consultant shall disclose only that portion of the Confidential Information that it is legally required to disclose.
The obligations of confidentiality shall survive the termination or expiration of this Agreement.
b. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without prior written authorization from the City Attorney
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 8 or designee, or unless requested by the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
Consultant promptly shall notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City, unless the City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Consultant is prohibited by law from informing the City of such Discovery. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to Discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
XVI. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by: (i) personal service; (ii) delivery by a reputable document delivery service (e.g., Federal Express), which provides a receipt showing date and time of delivery; or (iii) United States mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To CITY: City of El Centro
1275 Main St.
El Centro, CA 92243
Attention: City Clerk
TO CONSULTANT: Harris and Associates
2375 Northside Drive Suite 125
San Diego, CA 92108
Attention: Ryan Binns
XVII. ASSIGNMENT
a. Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 9 of the City. Due to the personal nature of the services to be rendered pursuant to this Agreement, only Consultant shall perform the services described in this Agreement.
Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide City with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant which shall include an indemnity provision identical to the one provided herein identifying City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from City for such insurance.
b. Ryan Binns may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days’ notice prior to the departure of Ryan Binns from Consultant's employ. Should Ryan Binns leave Consultant's employ, the City shall have the option to immediately terminate this Agreement. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the Consultant.
XVIII. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City.
XIX. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, negotiations, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. a. No waiver or failure of either Party to insist upon the strict performance by the other shall be a continuing waiver of any breach of this Agreement, nor shall such waiver affect or alter this Agreement, and each provision hereof shall continue in full force and effect. No change to any term or condition of this Agreement, nor any verbal
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 10 understanding of the Parties shall be valid unless in writing as set forth in this Agreement.
b. Nothing contained this Agreement shall be considered a limit upon the charter city powers of the City.
c. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in its drafting.
d. In any conflict between the body of this Agreement and the Exhibits, the body of this Agreement shall control. If a conflict exists between any applicable law, rule, or regulation, that law, rule or regulation shall control. The most stringent requirements shall control. Each Party shall notify the other immediately upon identification of any apparently conflict or inconsistency.
XX. SEVERABILITY
Any part, provision, or representation of this Agreement or any of its exhibits, including, which is held to be invalid, void or unenforceable by a court of competent jurisdiction, shall be limited to that part, provision or representation and all other parts, provisions, or representations herein shall remain in full force and effect.
XXI. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of City's Request for Proposal and the contents of the proposal submitted by the Consultant, attached and incorporated as Exhibit F. In the event of conflict, the requirements of City's Request for Proposal and this Agreement shall take precedence over those contained in the Consultant's proposal. The incorporation of the Consultant’s proposal shall be for the scope of services to be provided only, and any other terms and conditions included in such proposal shall have no force and effect on this Agreement or the relationship between Consultant and/or City, unless expressly agreed to in writing.
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 11 XXII. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that they have the authority to execute this Agreement on behalf of the Consultant and have the authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
Harris and Associates
By:
(Signature)
(Ryan Binns)
Vice President of Environmental Planning and Compliance City of El Centro
A Municipal Corporation
Robert Sawyer, City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
By:
Attachments: Exhibit A Tasks to Be Performed
Exhibit B Payment Schedule
Exhibit C Insurance Requirements
Exhibit D Conflict of Interest
Exhibit E Levine Act Certification
Exhibit F City RFP and
Consultant’s Proposal
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 12
EXHIBIT A
TASKS TO BE PERFORMED
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 13
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 14
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 15
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 16
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 17
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 18
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 19
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 20
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 21
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 22
EXHIBIT B
PAYMENT SCHEDULE
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 23
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 24
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of City, and prior to commencement of work and/or services under this Agreement, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance 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 must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work 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.
Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed 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 effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).
Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and authorized volunteers.
Umbrella or excess liability insurance. [If required to meet higher limits.]. Consultant shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer; • “Pay on behalf of” wording as opposed to “reimbursement”;
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 25 • Concurrency of effective dates with primary policies.
Should Consultant obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.
Other provisions or requirements
Proof of insurance. Consultant shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter.
City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.
Primary/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 herein 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 benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.
City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and authorized volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 26 specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual 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.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended 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 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.
Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.
Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and authorized volunteers shall be additional insureds under such policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein 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.
Separation 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 claim 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.
Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 27 cannot comply with this requirement, which proof must be submitted to the City, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this Agreement. This provision does not relieve the Consultant of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the subcontractor.
Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to City for review.
City’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.
Self-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, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
Timely notice of claims. Consultant shall 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.
Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
Claims made: The following provisions shall apply if any of the required policies are written on a claims-made basis:
a. The Retroactive Date of the policy must be shown and must be before the date of the Agreement or the beginning of the contracted work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a Retroactive Date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 28 cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 29
EXHIBIT D
CONSULTANT’S FINANCIAL DISCLOSURE STATEMENT 1
Consultant will comply with all conflict-of-interest laws and regulations including, without limitations, City’s Conflict of Interest Code (on file in the City Clerk’s Office) as required by Section 4.10 of this Agreement. It is incumbent upon the Consultant to notify the City pursuant to Sections 7.1 and 7.5 of any staff changes relating to this Agreement.
The City Manager has made the following determination and Consultant, by his/her signature, acknowledges said determination. 2
A. In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of Consultant will be performing a very limited and closely supervised function, and, therefore, unlikely to have a conflict of interest arise. No disclosures are required of any officers, employees, and/or agents of Consultant. Consultant duties are as follows:
_______________________________ _____________________________________ City Manager Consultant Signature & Title
B. In accomplishing the scope of services of this Agreement, Consultant will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultant may make or participate in making a governmental decision, which may have a foreseeable material effect on a financial interest. As a result, the Consultant shall be subject to the Disclosure Category “Consultant” of the City’s Conflict of Interest Code.
_____________________________ _____________________________________ City Manager Consultant Signature & Title
1. Fair Political Practices Commission Section 18700.3 defines a consultant as follows:
(a) For purposes of Sections 82019 and 82048, “consultant” means an individual who, pursuant to a contract with a state or local government agency:
(1) Makes a governmental decision whether to:
(A) Approve a rate, rule, or regulation;
(B) Adopt or enforce a law;
(C) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
(D) Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval;
(E) Grant agency approval to a contract that requires agency approval and to which the agency is a party, or to the specifications for such a contract;
(F) Grant agency approval to a plan, design, report, study, or similar item; (G) Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or
(2) Serves in a staff capacity with the agency and in that capacity participates in making a governmental decision as defined in Regulation 18704(a) and (b) or performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code under Section 87302.
2. Disclosure by Consultants: Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the City’s adopted Conflict of Interest Code, subject to the following limitations: The City Manager may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that is limited in scope and closely supervised, and, thus, is not required to comply with the disclosure requirements in the City’s adopted Conflict of Interest Code. Such written determination shall include a description of the consultant’s duties. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as the City’s adopted Conflict of Interest Code.
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 30
EXHIBIT E
LEVINE ACT CERTIFICATION
California Government Code § 84308, commonly referred to as the “Levine Act,” precludes an officer of a local government agency from participating in the award of a contract if he or she receives any political contributions totaling more than $500 in the 12 months preceding the pendency of the contract award, and for three months following the final decision, from the person or company awarded the contract. This prohibition applies to contributions to the officer, or received by the officer on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee.
This statement must be provided for the company and for each consultant who will work with the City.
City of El Centro Council Members as of the date of this RFP/Agreement:
Sonia Carter
Marty Ellett
Sylvia Marroquin
Claudia Camarena
Michael Crankshaw
1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City of El Centro Council Member in the 12 months preceding the date of the issuance of this RFP? YES_____NO
If yes, please identify the Council Member:
2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any political contributions of more than $500 to any City of El Centro Council Member in the three months following the award of the contract? YES_____NO
If yes, please identify the Council Member:
Answering yes to either of the two questions above does not preclude City of El Centro from awarding a contract to your firm. It does, however, preclude the identified Council Member from participating in the contract award process for this contract.
DATE (SIGNATURE OF CONSULTANT)
(TYPE OR WRITE APPROPRIATE NAME, TITLE)
(TYPE OR WRITE NAME OF COMPANY)
Revised 01/01/2025
11/2025/cdz/A25-0196/ProfessionalServicesAgreement/nondesign 31
EXHIBIT F
CONSULTANT’S PROPOSAL
PROPOSAL TO PREPARE
NOISE,OPEN SPACE/CONSERVATION,
AND SAFETY ELEMENT UPDATE
CITY OF EL CENTRO
October 15, 2025
Harris & Associates, Inc. 2
TABLE OF CONTENTS
A. COVER LETTER.......................................................................................................................................... 3 B. CONSULTANT QUALIFICATIONS ............................................................................................................ 4
1. Executive Summary ....................................................................................................................... 4
2. Project Approach............................................................................................................................ 6
3. Work Schedule And Milestones .................................................................................................15
4. Qualifications and Experience...................................................................................................16
5. Fee Schedule and Cost Estimates .............................................................................................32
6. References .....................................................................................................................................33 C. Appendix .................................................................................................................................................34 Contract & Insurance ...................................................................................................34 Conflict of Interest Disclosure ......................................................................................52 Levine Act Certification................................................................................................53 Detailed Cost Breakdown.............................................................................................54
Harris & Associates, Inc.
2375 Northside Drive Suite 125
San Diego, Ca 92108
619.481.5011 WeAreHarris.com
Cover Letter 3
REQUEST FOR PROPOSALS, NOISE OPEN SPACE/CONSERVATION, AND SAFETY
ELEMENT UPDATE
Dear Evaluation Committee,
The City of El Centro (City) is undertaking an effort to update its Noise, Open Space/ Conservation, and Safety Elements—an initiative that requires a planning and environmental team with experience in policy development, California Environmental Quality Act (CEQA) compliance, technical analysis, and stakeholder collaboration. At Harris & Associates (Harris), we share your values of resilience, sustainability, and public trust. We are excited to offer our team’s services to help deliver a legally defensible, community-responsive update to your General Plan.
We understand the City’s priorities—and we’ve done this work before. Harris led El Centro’s 2021 General Plan Update Program Environmental Impact Report (EIR), providing the foundation for this update. With experience in Imperial County, our team brings a strong understanding of the region’s planning landscape, environmental conditions, and community values. This local knowledge, combined with our direct experience on the City’s General Plan, positions Harris to build on the existing Program EIR to streamline CEQA review, maintain internal consistency across elements, and deliver a coordinated update that reflects regulatory requirements and community priorities.
Proven Experience with General Plan Element Updates and CEQA Integration. Harris has extensive experience preparing and updating General Plan Elements for communities across California, with a focus on aligning technical analysis, policy development, and environmental review. Our work includes leading the City’s General Plan Update and Program EIR, which emphasized public outreach, environmental sustainability, and community health. We have also supported similar efforts for the City of Santee and the City of Irvine to name a few, applying best practices in engagement, regulatory compliance, and CEQA integration to maintain consistency and streamline environmental review.
Deep Technical Bench in Environmental Planning and Policy. Our team includes environmental planners, CEQA practitioners, GIS specialists, public engagement experts, and technical experts in noise modeling, safety risk assessment, conservation policy, and climate adaptation. Project Manager, Kelsey Hawkins specializes in managing and authoring CEQAcompliant environmental documents for General Plan and Element updates, coordinating interdisciplinary teams to deliver analyses that support long-range planning and community resilience. Principal-in-Charge, Ryan Binns, PMP, ENV SP brings over 24 years of experience managing environmental and planning projects, leading teams in the preparation of CEQA and National Environmental Policy Act (NEPA) documentation and technical studies that support General Plan and Element updates.
We recognize that the City’s community, landscape, and planning context are unique. We’re offering a focused, locally grounded, and legally robust approach based on real familiarity with your City’s plans, policies, and priorities. On behalf of Harris, thank you for the opportunity to support this important work.
Sincerely,
October 15, 2025
Andrea Montano
City of El Centro
Community Development
Department Planning and
Zoning Division
1275 W. Main Street
El Centro, CA 92243
A. COVER LETTER
Kelsey Hawkins
Project Manager
619.481.5020
[email protected]
Kelsey will be the primary point of contact.
Ryan Binns, PMP, ENV SP
Principal-in-Charge
619.481.5015
[email protected]
Ryan is authorized to bind the firm contractually.
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 4
1. EXECUTIVE SUMMARY
About Harris
Harris specializes in developing community-driven planning and environmental solutions that reflect local values and meet all State regulatory requirements. Founded in 1974, Harris is a 100% employee-owned S Corporation with over 300
professionals across California and the western United States.
Our Environmental Planning + Compliance team, consisting of more than 45 in-house experts, brings a proven record of preparing General Plan Elements, and CEQA documentation for jurisdictions statewide. The team’s collective expertise spans land use and resource planning, noise analysis, open space and conservation policy, public safety and hazard mitigation planning, and environmental review. Known for producing high-quality, legally defensible, and clearly written documents, Harris delivers work products that are both technically sound and accessible to the public.
Staffing will be tailored to the City’s specific needs for the Noise, Open Space/Conservation, and Safety Element updates. Harris uses a forward-looking, three-month staffing process to match the most qualified professionals to each task based on workload and expertise. Principal-in-Charge Ryan Binns, PMP, ENV SP, will provide executive oversight and quality assurance, while Project Manager Kelsey Hawkins will coordinate day-to-day project delivery, scheduling, and communication with City staff. Our team will draw on specialized technical staff in areas such as noise modeling, hazard mitigation, natural resource management, and environmental documentation. Harris will be supported by our sub-consultant, CR Associates, with subjectmatter expertise and local experience related to high- quality transportation analyses and a deep understanding of the local environment. This structure makes sure the City receives a balanced, experienced team equipped to deliver the project efficiently, transparently, and in full compliance with State guidelines.
Comprehensive Scope Delivery, from Kickoff to Adoption
Our approach addresses every task in your work plan:
• We will develop a detailed work plan and schedule with regular meetings and milestone check-ins.
• In collaboration with the City, our team will update each Element to modernize and update policies in alignment
with City priorities and State regulation, drawing on current data, regional plans, and regulatory guidelines.
• Our team will prepare a Public Participation Plan and engage with the public at major project milestones,
including an online survey.
• We will prepare a CEQA Addendum tiered from the 2021
Program EIR, which Harris prepared and is intimately
familiar with, allowing us to hit the ground running.
• We will coordinate with City staff to support public review, Planning Commission, and City Council adoption,
ensuring accessibility of all deliverables.
• We will produce a policy implementation plan identifying required changes to the Zoning Code and other General
Plan elements to maintain internal consistency and support long-term community goals.
B. CONSULTANT QUALIFICATIONS
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 5 Key Sub-consultant
Founded in 2011, Chen Ryan Associates,
Inc. dba CR Associates (CRA) is a
mobility transportation consultant with
over 70 professional engineers and planners working from two offices in Los Angeles and San Diego, California. CRA is a DBE, WBE, SB, and MBE certified firm committed to planning and designing transportation systems and identifying mobility improvements that create and support vibrant and sustainable communities. We provide a fully multimodal approach,
building upon the multi-dimensional experiences of our staff, along with our dedication to serving the full range of client needs. We have prepared hundreds of transportation impact studies (LOS/VMT), conducted numerous traffic evacuation analyses, and delivered many active transportation plans and circulation elements to jurisdictions and communities across Southern California. Our experience and capabilities in these areas allow us to take on a wide range of transportation projects, bringing strong technical expertise combined
with practical experience in a variety of environments and applications.
CRA has a strong record of preparing transportation
studies that support CEQA and NEPA documentation for
public infrastructure, including mobility, transit, and active transportation projects. Their experience includes greenhouse gas, air quality, noise, and environmental justice analyses, as well as evaluating CEQA exemption eligibility—key to timely and legally defensible environmental compliance.
They understand the procedural requirements and timelines under both state and federal law, including public engagement and documentation for CEQA/NEPA compliance. CRA has
led environmental review efforts for controversial projects and remains at the forefront of SB 743 implementation, developing VMT-based guidelines and impact fee programs for agencies such as the City of El Centro and County of San Diego.
Their team is well-versed in both Vehicle Miles Traveled (VMT) analysis and Local Mobility Analysis using LOS
and multimodal metrics. They regularly use tools like
Synchro, SimTraffic, VISSIM, HCS, and the SANDAG MXD
Trip Generation methods to prepare rigorous, defensible transportation analyses in support of Safety Element updates and General Plan EIR tiering strategies.
Experience in the preparation of Noise, Open Space/
Conservation, and Safety Element Updates and the
Associated Public Engagement
Harris has extensive experience preparing and updating
General Plan Elements for communities across California, including work on Noise, Open Space/Conservation, and Safety Element updates. The firm has led comprehensive General Plan Updates and inclusive public engagement programs that reflect community priorities and long-term visions.
Our past experience has addressed issues such as hazard mitigation, noise compatibility, resource conservation, and climate resilience, while maintaining alignment with CEQA requirements and state planning mandates. This track record demonstrates Harris’ ability to integrate policy development, environmental review, and community engagement into
cohesive, forward-looking plans tailored to local needs.
Harris understands that
the City operates in a
political environment
and that communicating
with the public in a
timely and thoughtful
manner is an important
responsibility of the City.
City of El Centro
City of Santee
City of Coronado
County of San Diego
City of Irvine
City of Victorville
City of Millbrae
City of Walnut Creek
City of Watsonville
County of Monterey
Recent General Plan Updates have been
completed for jurisdictions such as:
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 6
2. PROJECT APPROACH
UNDERSTANDING OF PROJECT OBJECTIVES
The City of El Centro’s update to its Noise, Open Space/ Conservation, and Safety Elements reflects a forward-looking effort to modernize outdated policies, reduce exposure to excessive noise, conserve valuable open space and natural resources, and strengthen resilience to environmental and public safety hazards. These updates will provide a General Plan that remains responsive to community needs, State mandates, and best practices in public health, sustainability, and hazard mitigation.
APPROACH TO SCOPE OF WORK TASKS
Harris will begin the project with a collaborative kickoff meeting to confirm objectives, roles, and deliverables, maintaining consistency with the City’s overall General Plan framework. Our team will compile and analyze existing
policies, mapping, and data to identify current conditions, noise sources, sensitive land uses, and hazard-prone areas. The Noise Element will focus on protecting public health and welfare by minimizing exposure to excessive noise levels that affect quality of life, and on promoting land use compatibility through clear policies and standards for siting new development near existing and future noise sources. Special consideration will be given to sensitive uses such as housing, schools, and hospitals. The Open Space/Conservation Element will emphasize providing accessible parks, trails, and open spaces that enhance recreation, community health, and environmental quality, while preserving agricultural lands, water resources, and habitat areas to promote climate resilience and sustainable growth. The Safety Element will address risks associated with seismic activity, flooding, extreme heat, and urban fire hazards, updating policies to strengthen emergency preparedness, inter-agency coordination, and long-term hazard mitigation.
PUBLIC ENGAGEMENT STRATEGY
The Harris Team proposes an involvement strategy that includes innovative techniques, provides cost savings to the City, builds upon community involvement that has already been conducted, and utilizes and builds upon the expertise of the City staff.
Harris will lead an inclusive, transparent outreach program that effectively reaches, educates, and engages the community throughout every stage of the project to reflect El Centro's community priorities. The strategy will combine traditional and digital engagement tools - such as and online survey, committee meetings, and interactive project websites - to engage residents, local organizations, business owners and underrepresented groups. Feedback gathered through these channels will be incorporated at key milestones in policy development and environmental review. All materials will be clear, accessible, and easy to understand, fostering participation, trust, and shared ownership of El Centro’s future.
CONSISTENCY WITH CITY PLANNING DOCUMENTS
AND CEQA
All work products will be fully aligned with the City’s existing General Plan framework and related elements, including
Housing and Mobility. In addition, element updates will reference and be consistent with other relevant planning documents such as the zoning ordinance, airport land use compatibility plans (including for the Imperial County Airport and Naval Air Facility), and the Imperial County MultiJurisdictional Hazard Mitigation Plan (MHMP) adopted in January 2021. The CEQA process will be integrated throughout the project to maintain environmental and legal compliance, with Harris evaluating tiering opportunities from the
City’s certified 2021 General Plan Program EIR to improve efficiency. Based on our history with the City and in-depth knowledge of the 2021 General Plan Update EIR, Harris will utilize a streamlined approach with an EIR Addendum as
the appropriate CEQA documentation. This coordinated,
transparent, and efficient approach will safeguard natural resources, enhance community safety, and support El Centro’s long-term vision for sustainable, resilient growth.
DETAILED SCOPE OF WORK AND WORK PLAN
Task 1: Project Initiation
1.1 Kick-off Meeting
Harris will initiate a kick-off meeting with the City of El Centro’s staff and project team. This meeting will establish a unified project vision, clarify roles and responsibilities, and set expectations for communication and deliverables. Items to discuss include a review and refinement of the detailed scope, preliminary schedule, procedures for invoicing, and protocols for data sharing.
1.2 Data Collection
Harris will gather, review, and analyze all existing background documents and datasets related to the City’s General Plan, CEQA documentation, hazard mitigation plans, zoning
ordinances, and historic resource inventories.
1.3 Public Participation Plan
Harris will develop a high-level public participation plan that provides a framework for stakeholder and community involvement tailored for El Centro. The public participation plan will be inclusive of community involvement conducted by Harris as well as City staff. Engagement will utilize a targeted online survey and a coordinated public review period for draft documents, in alignment with City expectations for focused outreach. The strategy will describe all engagement activities, roles and responsibilities, target groups, and key milestones for public feedback. Methods may include an interactive project website (see Section 2.3), and translation of materials to verify broad accessibility. At the City's request, Harris can include additional public engagement activities, such as public
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 7 workshops, focused stakeholder interviews, and pop up events.
A summary of public feedback and participation metrics will accompany draft deliverables.
Deliverables:
• Data Needs List
• One draft and one final Public Participation Plan
Task 2: Draft Documents (Noise, Open
Space/Conservation, and Safety Elements)
2.1 Noise Element Update
Harris will assess and characterize existing and anticipated noise conditions throughout the City, and protect residents from excessive noise, in accordance with the Noise Element Guidelines outlined in Appendix D to the Governor’s Office of Land Use and Climate Innovation General Plan Guidelines.
Tasks are described below.
Plan Review, Data Collection, and Modeling
Harris will work with the City to identify major noise sources in the City, including highways, railways, airports, and major industrial sources based on a review of existing baseline land use maps and published noise contours. Harris will attend one (1) virtual meeting with the City to discuss noise sources, noise sensitive areas of concern, and desired changes to the format or content of the noise element.
Harris will characterize the existing noise environment through a community noise monitoring survey. The noise monitoring survey will include up to five short-term (1-hour) and two longterm (24-hour) measurements. Harris will submit proposed measurement locations to the City for approval prior to conducting the survey.
Harris will prepare noise contours for major roadways based on data from the CR Associates traffic analysis and standard modeling equations from the Federal Highway Administration.
Up to 20 roadway segments will be modeled. Noise contours will be presented graphically and in tabular format.
Harris will utilize and incorporate by reference noise contours prepared by Imperial County Airport and Naval Air Facility, prepared as part of airport land use compatibility plans. Noise from Douthitt Strip will be characterized based on available information regarding airstrip operation and previously prepared environmental documents. Railroad noise will be based on published information on railroad operations and associated noise levels. Or, if detailed track and rail activity data is available, Harris will use the Federal Railroad Administration CREATE Railroad Noise Model to estimate railroad noise
exposure.
Deliverables:
• Data Needs List
• Notes on noise sources and sensitive receptors
• Proposed noise monitoring survey locations
Goals and Policies Updates
Following receipt of information needs, review of collected of data, and modeling, Harris will evaluate community
exposure to excessive noise. Harris will prepare an Excel table with current and proposed new goals and policies to provide measurable noise policies, land use compatibility standards, and mitigation measures to minimize conflicts between noise sources and sensitive uses. Existing Noise Element policies and standards will be incorporated to the extent applicable, and updated to reflect current conditions and City priorities. Harris will use strike through/underline to identify changes to existing goals and policies.
Drafting of this element will focus on supporting land use compatibility, protecting health, and integrating noise mitigation strategies into long-range planning. Noise Element preparation will acknowledge that changes in the noise
environment are inevitable in accommodating planned growth and changes to land use patterns, and will seek to outline clear expectations for the future mitigation of noise exposure. Policies may include specific guidelines for acceptable or preferred noise mitigation, such as noise barrier design or noise barrier alternatives. Harris will attend one (1) virtual meeting with the City to discuss this initial draft. The City will review updates and provide one set of consolidated comments on the draft goals and policies. Harris will prepare a final draft list of goals and policies for inclusion in the updated element after receipt of consolidated City comments. Harris will attend one (1) virtual meeting with the City to discuss changes made and resolve all issues. The final draft list will be incorporated into a revised and updated element.
Deliverables:
• One (1) Draft and one (1) Final Excel Table with Current and Proposed Goals and Policies
Updated Noise Element
Unless otherwise requested by the City, Harris will utilize the current structure of the 2004 element and make modifications as needed. Harris will update descriptions of the noise environment and potential noise exposure based on the results of the data collection and evaluation described in subtask Plan Review, Collection and Modeling and subtask Goals and Policies Updates. Up to three new figures will be prepared, including existing roadway contours, future roadway contours, and a map identifying other noise sources. The element will incorporate new and updated policies resulting from sub task Goals and Policies Updates.
A draft update of the element will be provided for City review.
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 8 The City will provide Harris with one set of consolidated comments on the draft update. This scope and cost include up to two (2) virtual meetings to discuss revisions and updates.
Upon confirmation of completed review by the City that all parties who need to review the document have done so, and all consolidated comments have been received by City staff, Harris will revise the updated element and prepare a final draft that will be ready for public review. Harris will provide the City with both a Word and PDF version of the final element.
If additional iterations and rounds of review become necessary, additional scope and cost or contingency may be required.
Deliverables:
• One (1) First Draft Noise Element (electronic MS Word copy) for administrative review.
• One (1) Second Draft Noise Element (Public Review
Draft) (electronic MS Word copy) for public review.
Updated Noise Ordinance
Harris will review the City’s Noise Abatement and Control Ordinance (Municipal Code Section 17.1) for consistency with the Noise Element updates. If necessary, Harris will make recommendations for updating the ordinance.
Deliverables:
• One (1) Draft and one (1) Final Updated Noise Abatement and Control Ordinance (MS Word and PDF)
2.2 Open Space/Conservation Element Update
The State of California passed SB 1425 in 2022 to require that jurisdictions update their open space element by January 1, 2026. The law requires the City to include plans and an action program that address specified issues, including climate resilience and other co-benefits of open space, correlated with the safety element. The California Government Code was
updated (Section 65565.5) requiring the City to address the following:
1. Access to open space for all residents in a manner
that considers social, economic, and racial equity,
correlated with the environmental justice element or
environmental justice policies in the general plan, as
applicable.
2. Climate resilience and other co-benefits of open space, correlated with the safety element.
3. Rewilding opportunities, correlated with the land use element.
Rewilding opportunities may include, but are not limited to, opportunities to preserve, enhance, and expand an integrated network of open space to support beneficial uses, such as habitat, recreation, natural resources, historic and tribal resources, water management, and aesthetics; and may include establishing a natural communities conservation plan to provide for coordinated mitigation of the impacts of new development.
The State of California passed AB 1889, Enhancing Wildlife Movement and Connectivity Planning, in 2024 to require
jurisdictions to update the conservation element upon the next revision of a General Plan after January 1, 2028. This bill focuses on identifying impacts of development on wildlife movement and habitat connectivity; identifying and analyzing connectivity areas, permeability, and natural landscapes; and incorporating guidelines, standards, and best available science. Though compliance with AB 1889 is not required at this time there will be efficiencies for the City to comply with this legislation upon this Open Space/Conservation Element update.
Plan Review & Data Collection
Harris will work with the City to outline the correlation between open space and existing policies in the 2004 General Plan Open Space/Conservation Element as well as the ongoing updates to the Noise Element and Safety Element.
Harris will attend one (1) meeting with the City to discuss SB 1425 and AB 1889 and what sections of the Open Space/ Conservation Element (formerly titled Conservation/Open Space Element) require updates to meet State law and respond to this RFP. The current element provides goals and policies for agriculture and soils; water; open space and natural resources; community and historic resources; air quality; health and safety; geothermal resources; and energy conservation.
Harris and the City will focus on what is required to make the current element comply with SB 1425 and AB 1889 and to include updates to agricultural and soils conservation, water quality, air quality, and protection of natural habitats.
The update will promote compact growth, sustainable land management, and recreational opportunities through parks, trails, and canal-based pathways.
Harris and the City will determine at this stage the structure of the element update that will inform the element release for public review.
Harris will take notes on the correlation between other elements and structure of this update at the meeting and distribute meeting notes afterwards.
The City of El Centro leads in environmental initiatives and sustainability. With the geothermal plant,
expansive solar farms, and comprehensive efforts
in water conservation, green building practices,
recycling, and air quality improvement, the City
stands out for its commitment to environmental
responsibility and sustainable development.
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 9 Deliverables:
• Data Needs List
• Notes on Correlation of Other Elements and Update
Structure
Goals and Policies Updates
After receiving all data needs requested from the City, Harris will prepare an Excel table with current and proposed new goals and policies to comply with SB 1425 and AB 1889 and address updates to other sections of the element as needed. Harris will also strikethrough/underline changes to existing goals and policies if needed. Harris will attend one (1) meeting with the City to discuss this initial draft. The City will review updates and provide one set of consolidated comments on the draft goals and policies. Harris will prepare a final draft list of goals and policies for inclusion in the updated element after receipt of consolidated City comments. Harris will attend one (1) meeting with the City to discuss changes made and resolve all issues. The final draft list will be incorporated into a revised and updated element.
Deliverables:
• One (1) Draft and one (1) Final MS Excel Table with
Current and Proposed Goals and Policies
Updated Open Space/Conservation Element
Harris will prepare a new section to be included in the current element explaining the requirements of SB 1425 and AB 1889.
Harris will also prepare a new section that details rewilding opportunities and establish new goal(s) and policies for rewilding. The City will provide any updates to the current element that have occurred in the City since adoption of the current element for inclusion in the updated element. Harris will utilize the current structure of the 2004 element and make modifications as needed. The draft updated element will focus on City-specific issues and policies, programs, and plans.
A draft update of the element will be provided for City review.
The City will provide Harris with one set of consolidated comments on the draft update. This scope and cost include up to two (2) virtual meetings to discuss revisions and updates. The draft update will include up to 5 new maps.
Upon confirmation of completed review by the City that all parties who need to review the document have done so, and all consolidated comments have been received by City staff, Harris will revise the updated element and prepare a final draft that will be ready for public review. Harris will provide the City with both a Word and PDF version of the final element.
If additional iterations and rounds of review become necessary, additional scope and cost or contingency may be required.
Deliverables:
• One (1) First Draft Open Space/Conservation Element
(electronic MS Word copy) for administrative review.
• One (1) Second Draft Open Space/Conservation Element
(Public Review Draft) (electronic MS Word copy) for
public review.
2.3 Safety Element Update, Vulnerability
Assessment, & Evacuation Analysis
Consistent with Government Code Section 65302(g), the Safety Element must provide for the protection of the community from any unreasonable risks associated with the effects of:
• Seismic risks and geologic hazards, including, but not limited to:
• seismically induced surface rupture,
• ground shaking,
• ground failure,
• tsunami,
• seiche,
• dam failure,
• slope instability leading to mudslides and
landslides, subsidence, liquefaction, and
• other seismic hazards identified pursuant to
Chapter 7.8 (commencing with Section 2690) of
Division 2 of the Public Resources Code, and other
geologic hazards known to the legislative body;
• Flooding;
• Drought;
• Wildland and urban fires;
• Climate change adaptation and resilience, including a vulnerability assessment;
• Evacuation routes and locations of identified fire and seismic hazards;
• Other required topics, including military installations, peak load water supply requirements, and minimum
road widths and clearances around structures; and
• Natural Infrastructure.
The Safety Element must also include:
• An established set of comprehensive goals, policies, and objectives for the protection of the community from the unreasonable risks of flooding.
• An established set of feasible implementation measures designed to carry out the goals, policies, and objectives for flood protection.
• Updates as necessary to address the risk of fire for land classified as state responsibility areas and land classified as very high fire hazard severity zones.
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 10 The following scope of work represents the Harris Team’s proposed approach to reviewing and amending the City’s Safety Element in compliance with state law.
Safety Element Advisory Committee Meetings
The Harris Team is committed to being adaptive and responsive to City staff throughout the planning process. As detailed under Task 1.1, the Harris Team will coordinate a kick-off meeting with the City of El Centro’s staff and project team. In addition to a kick-off meeting, Harris recommends conducting two (2) Safety Advisory Committee meetings with members of City staff, including but not limited to fire, police, public works, parks and recreation, planning and zoning, emergency management, and public information staff. This allows the City staff most responsible for carrying out policy regarding emergency evacuation and other hazards management an
essential review of the element. This will also help the City define all the goals, policies, objectives, and implementation measures. The Harris Team will facilitate the following meetings in support of the Safety Element Update:
• Safety Advisory Committee Meeting #1: Rationale for
Update, City’s Hazard Risk
• Safety Advisory Committee Meeting #2: Updated Policies, Goals, Objectives, and Implementation Measures,
Vulnerability Assessment results, Evacuation Route
Analysis
Deliverables:
• One (1) Draft and one (1) Final Meeting Agenda,
Presentation, and Meeting Minutes for each of two (2)
Stakeholder Advisory Committee Meetings.
Plan Review & Data Collection (Identify Critical Assets) The Harris Team will review the City’s Safety Element, 2021 Imperial County Multi-Jurisdictional Hazard Mitigation Plan, Harris’ Climate Vulnerability Assessment and Evacuation Route Analysis (see below), and other relevant data. This review will help the Harris Team identify potential hazards of concern to the City.
Following the identification of assets of concern, the Harris Team will prepare a Request for Information that includes GIS data that the City maintains. The Request for Information will also include any local hazard analyses or mapping completed on behalf of the City.
Deliverables:
• Data Needs List
Vulnerability Assessment
The Harris Team, referencing the recommended California Adaptation Planning Guide and Southern California Adaptation Planning Guide section, will facilitate an adaptation planning process that features a robust vulnerability assessment.
Specifically, we will develop a scoring rubric and rationale to assign scores (low, medium, high) for each asset of concern with respect to hazard exposure, sensitivity, and adaptive capacity.
The Vulnerability Assessment will evaluate the following:
1. Risk Assessment. The Harris Team will record and,
where appropriate, map historical, baseline, and future climate projections for potential climate hazards identified through the plan review process using the available
scientific sources, including Cal-Adapt, FEMA, California Environmental Protection Agency (CalEPA), and internal
City data sources of information on past exposure (i.e. historical flooding and wildfire events). The outcome of this sub-task will be detailed profiles of hazards of concern, that includes qualitative descriptions, quantitative projections (hazard likelihood), and geospatial information (hazard extent).
2. Identify Assets of Concern. The Harris Team will develop selection criteria to help the City identify which built, natural, and cultural asset types owned or managed by the City should be considered critical, or “of concern.” We will facilitate a staff meeting to present selection criteria and finalize a list of critical assets.
3. Assess Exposure. The Harris Team will identify critical assets that are in potential hazard areas or subject to climate stress. The outcome of the exposure assessment is the identification of critical assets that could be subject to the hazards of concern, and identify which future climate scenarios lead to exposure (i.e. 100 vs 500-year flood). The Harris Team will work with City staff to understand the features of asset types that make them more or less sensitive to specific hazards of concern, and what existing resources, programs, policies, or features are in place that make them more resilient to climate impacts.
4. Assess Sensitivity. The Harris Team will leverage existing tools including the California Heat Assessment Tool,
CalEnviroScreen 4.0, among other social vulnerability
indices to identify sensitive populations. For physical buildings and infrastructure, the Harris Team will facilitate a meeting with City staff to obtain city-specific information on asset sensitivity as well as adaptive capacity.
5. Assess Adaptive Capacity. The Harris Team will work
with City staff to identify actions the City has already taken or put in place to prepare for current and future climate hazards, or features of assets that make them more able to withstand hazard events.
6. Prepare Report. The Harris Team will prepare an
administrative draft for City staff review and feedback. We will incorporate City consolidated feedback from the first draft into a public review draft, which will be an appendix to the updated Safety Element.
The results of the Vulnerability Assessment will inform updated adaptation and resiliency goals, policies, objectives, and feasible
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 11 implementation measures for inclusion in the Safety Element.
The results will be attached to the Safety Element as an appendix with summary text of the findings within the element.
Deliverables:
• One (1) Scoring Rubric for Exposure, Sensitivity, and Adaptive Capacity.
• One (1) Finalized List of Assets of Concern.
• One (1) Draft Vulnerability Assessment (one (1) electronic MS Word copy) for administrative review.
• One (1) Final Vulnerability Assessment (one (1) electronic MS Word copy with track changes, one (1) MS Word file,
one (1) electronic collated PDF) to include as an appendix to the Safety Element for public review.
Evacuation Route Analysis
Harris will perform an Evacuation Route Analysis to comply with the following State law:
• Assembly Bill (AB) 747 (2019) requires the City to
update the Safety Element of its General Plan to identify evacuation routes and assess the capacity, safety, and
viability of those routes under a range of emergency
scenarios.
• Senate Bill (SB) 99 (2019) requires the City to identify residential developments in hazard areas that do not
have at least two emergency evacuation routes (i.e.,
neighborhoods or households within a hazard area that
have limited accessibility).
• AB 1409 (2021) requires the City to identify evacuation locations.
This evacuation analysis will evaluate the efficacy of existing evacuation routes in the City under various hazard scenarios, in compliance with AB 747, and will identify residential developments without sufficient evacuation routes, in
compliance with SB 99. Evacuation locations would also be provided in compliance with AB 1409.
On October 5, 2023, the Governor’s Office of Planning and Research (OPR) (now known as Office of Land Use and Climate Innovation [LCI]) staff released a Draft Evacuation Planning Technical Advisory to guide cities and counties updating the safety element of their general plans pursuant to the evacuation requirements mandated by AB 747, SB 99, and AB 1409, and subsequently codified in Gov. Code Sections 65302(g) and 65302. This Draft Evacuation Planning Technical Advisory is available here: https://www.opr.ca.gov/docs/20231004- Evacuation_TA_for_Public_Comment.pdf. Harris will comply with the steps in the Technical Advisory.
The Evacuation Route Analysis will be attached as an
appendix to the updated Safety Element and the results will be summarized in the element. Goals, policies, objectives, and implementation measures pertaining to evacuation will be included in the element. Harris will respond to one set of consolidated comments from the City and comments from
the Safety Advisory Committee input and prepare a final draft analysis for inclusion in the element.
Deliverables:
• One (1) Draft set of Evacuation Route Maps and Analysis. • One (1) Final set of Revised Evacuation Routes Maps and Analysis based on City feedback.
Updated Safety Element
The Harris Team will prepare a Safety Element update that incorporates new information related to flood and fire risk and climate adaptation and resilience based on relevant State law. The element will also incorporate the supplemental Vulnerability Assessment and Evacuation Route Analysis, and any policies that were developed to increase preparedness and access to evacuation routes in high-risk areas.
The City will provide consolidated comments on the first draft Safety Element for Harris review.
Deliverables:
• One (1) First Draft Safety Element (electronic MS Word copy) for administrative review.
• One (1) Second Draft Safety Element (Public Review
Draft) (electronic MS Word copy) for public review.
2.4 Economic Development Element Elimination
Harris will perform a review of the current Economic
Development Element and cursory review of the other General Plan elements. Harris will prepare documentation to formally eliminate the obsolete Economic Development Element from the General Plan, and revise plan content as needed for internal consistency, in consultation with City staff and stakeholders.
Harris will remove mention of this element from other General Plan elements updated as part of this proposal and perform a consistency check for instances and revise and retain some policy if applicable.
2.5 Public Review of Draft Elements
As described under Tasks 2.1 through 2.3, Harris will prepare one public review draft of all updated elements for agency, stakeholder, and public review. The Harris Team will be responsible for preparing all necessary content to support City staff in facilitating the public comment period, including content for the City’s website presenting the public draft elements with summaries of each element and inviting the public to comment on the draft documents. Harris will also submit the Safety Element to the California Department of Forestry and Fire Protection (Cal Fire) 90 days before adoption and to the State Geology Board in accordance with State Law.
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 12
2.6 Revision of Draft Elements
The Harris Team will review all comments received on the draft elements during public review and will update the draft elements following public review as necessary based on comments received from the general public, Cal Fire, and the State Geology Board and other agencies. Harris will provide one set of revisions for each element. The City will approve any changes to be made to the elements prior to Harris making changes. Harris will submit the final elements to the City for recommendation and adoption. This scope assumes no hard copies of the General Plan Element Updates are required.
Noise Element
Updates to the final Noise Element, if any, will not exceed 8 hours of professional staff time.
Deliverables:
• One (1) Final Updated Noise Element (one (1) electronic MS Word copy with track changes, one (1) MS Word file,
one (1) electronic collated PDF) for Planning Commission and City Council adoption.
Open Space/Conservation Element
Updates to the final Open Space/Conservation Element, if any, will not exceed 10 hours of professional staff time.
Deliverables:
• One (1) Final Updated Open Space/Conservation Element (one (1) electronic MS Word copy with track changes,
one (1) MS Word file, one (1) electronic collated PDF) for Planning Commission and City Council adoption.
Safety Element
Updates to the final Safety Element, if any, will not exceed 10 hours of professional staff time.
Deliverables:
• One (1) Final Safety Element (one (1) electronic MS Word copy with track changes, one (1) MS Word file, one (1)
electronic collated PDF) for Planning Commission and
City Council adoption.
2.7 Technical Analyses
2.7a Transportation Studies (CRA)
CRA will prepare a roadway segment capacity analysis in support of the El Centro’s update to the Noise Element. CRA will commission 24-hour traffic counts (ADT) at up to 20 representative roadway segments throughout the City to obtain existing traffic volumes. This data will be utilized to conduct an existing conditions analysis as well as to develop General Plan buildout conditions volumes. For each roadway segment analyzed, CRA will provide roadway design details for both existing and buildout conditions, including Circulation Element roadway classification, number of lanes, and design speed limit.
Additionally, CRA will prepare a CEQA-compliant technical report that addresses the transportation-related questions outlined in Appendix G of the CEQA Guidelines. The analysis will focus on topics related to Vehicle Miles Traveled (VMT), active transportation, roadway safety and hazards, and
emergency access.
Deliverables:
• Roadway Segment Capacity Analysis Table (MS Excel/PDF) • Supporting Transportation Analysis (CEQA-compliant)
Report.
2.7b SB 18 Tribal Consultation Support
Harris will request the SB 18 list of tribes from the Native American Heritage Commission (NAHC). Upon receipt, Harris will draft and provide the City with the SB 18 invitation to consult letters for submission to the listed tribes via certified mailing. The letters will include a map of the proposed project site. Harris will assist the City through attendance of up to four (4) SB 18 tribal consultation meetings. This scope assumes the City will be responsible for all mailings and that a records search will not be required, as the records search for the 2021 General Plan Update Program EIR was conducted within the last five years.
Deliverables:
• Draft and Final SB 18 Tribal Invitation to Consult Letters Task 3: CEQA Documentation
3.1 CEQA Approach and Tiering
Harris will confirm the applicability of the 2021 General Plan Program EIR as a basis for CEQA compliance. This scope of work assumes that an EIR Addendum is the appropriate CEQA document, tiering off of the General Plan Update Program EIR from 2021. If it turns out that a Supplemental EIR is required, a cost amendment will be required.
3.2 CEQA Documentation Preparation
3.2a Draft EIR Addendum
Harris will prepare an EIR Addendum in compliance with
CEQA. A cover page and table of contents will be provided, and any project-specific technical studies will be included as appendices.
Harris will prepare a Draft EIR Addendum that includes the following sections: Introduction, Project Location, Basis of Decision to Prepare an EIR Addendum, Project Description, Environmental Setting and Surrounding Land Uses, and
Background. The Project Description section will describe the basic characteristics of each project component, including location, technical and environmental characteristics of the proposed improvements, and project construction
methodologies. The project description will be based on information provided by the City. Each topic addressed in detail in the 2021 Program EIR will then be evaluated in the EIR
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 13 Addendum for consistency with the project. Topics screened out in the Program EIR Initial Study will be mentioned in the EIR Addendum’s Introduction section and include a brief project consistency discussion. The Environmental Analysis section will include the following topics:
• Agriculture and forestry
• Air quality
• Biological resources
• Cultural and Tribal Cultural Resources
• GHG emissions
• Noise
• Transportation
Each topic will be addressed separately. Each topic section will identify the previously identified impacts and mitigation in the Program EIR. An environmental checklist summary box will be presented to identify if the project’s impacts were examined in the Program EIR. A summary discussion providing substantial evidence that supports the environmental checklist conclusions will be provided for each issue question for the topic. Where applicable, any project-specific technical studies will be referenced and summarized to address the project’s impacts.
Additionally, where applicable, the EIR Addendum will identify mitigation measures from the Program EIR that apply to the project. Mitigation measures may be enhanced or tailored to address the project; however, it is assumed that no new impacts requiring new mitigation measures will be required.
3.2b EIR Addendum Revisions & Final Document
Harris will revise the Draft EIR Addendum based on comments from the City. This scope and cost assume two rounds of revisions based on City comments. Then Harris will prepare the Final EIR Addendum for the project based on comments from the City.
Deliverables:
• Revised Addendum in MS Word and PDF
• Final EIR Addendum in MS Word and PDF
3.2c Mitigation Monitoring and Reporting Program
Harris will prepare the Draft Mitigation Monitoring and Reporting Program (MMRP) based on information provided
in the EIR Addendum and submit the Draft MMRP to the
City for review. Harris will prepare the Final MMRP based on comments from the City.
Deliverables:
• Draft and Final MMRP in MS Word and PDF
Task 4: Implementation Plan and Adoption
4.1 Implementation Plan Development
Harris will produce an Implementation Plan that details all actions, responsible departments, timelines, and required amendments to the Zoning Ordinance and City Development Standards for each updated element. Tasks include:
• Drafting of actionable steps for integration of updated Elements into City codes and procedures
• Preparation of staff reference materials and monitoring protocols
• Assignment of roles for tracking, periodic review, and updates
• Assignment of timelines
The Implementation Plan will help the City transition the updated framework into day-to-day practice and future
planning efforts. It assumed the Implementation plan would be compiled into tabular format in an Excel Spreadsheet.
Deliverables:
• Draft and Final Implementation Plan in MS Excel and
PDF
4.2 Planning Commission Hearing
The Harris Team will present the final elements to the Planning Commission for approval and obtain recommendations for
City Council consideration. This effort includes a total of 16 hours total for two professional staff to attend one (1) Planning Commission hearing.
Deliverables:
• Two (2) Power Point Presentations (one (1) draft and one (1) final PPT for each element)
• Planning Commission Staff Report preparation
4.3 City Council Hearing
The Harris Team will present the final elements to the City Council for adoption and answer questions pertaining to the element updates. Harris will address minor comments from Planning Commission and make final adjustments necessary for formal adoption by City Council. This effort includes a total of 16 hours total for two professional staff to attend one (1) City Council hearing.
Deliverables:
• Two (2) Power Point Presentations (one (1) draft and one (1) final PPT for each element)
• City Council Staff Report and adoption packets
preparation (not to exceed 8 hours of professional staff time)
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 14 Task 5 Project Management and Meetings
5.1 Project Management
The Harris management team will organize and track the
preparation of the General Plan Element Updates and EIR Addendum in terms of technical scope of work, budget, and scheduling; oversee its implementation; and organize and oversee report preparation. Harris will coordinate with City staff and internal staff. This scope assumes management of the project will last one year.
5.2 Project Meetings
Harris will participate in up to one year’s worth of meetings (held monthly) which assumes 12 1-hour conference calls with City staff to discuss project progress, share project information, and resolve potential issues that may arise during preparation of the Draft General Plan Element Updates and EIR Addendum.
@
100%
Submittal
Listen to the City’s concerns
QC review to make sure regulatory requirements
and contract scope of work have been met
Complete internal QC checklists
Complete technical analyses for internal review
Draft technical analyses sent to the City
Receive and respond to comments from the City
Address comments from the City and submit
revised draft technical analyses
Prepare documents for public review
QA/QC Management Process
ID Task Name Duration Start Finish Predecessors
1 1.0 Project Initiation 15 days Mon 12/1/25Fri 12/19/25 2 1.1 Kickoff Meeting 0 days Mon 12/1/25Mon 12/1/25
3 1.2 Data Collection 3 wks Mon 12/1/25Fri 12/19/25
4 1.3 Public Participation Plan 3 wks Mon 12/1/25Fri 12/19/25 5 2.0 Draft Documents 231 days Mon 12/22/2Mon 11/9/26
6 2.1 Draft Noise Element
Update
120 days Mon
12/22/25
Fri 6/5/26
7 Noise Survey, Data Review,
and Modeling
6 wks Mon
12/22/25
Fri 1/30/26 3
8 Goals and Policies 4 wks Mon 2/2/26 Fri 2/27/26 7
9 1st Draft Noise Element
and Noise Ordinance
Review
6 wks Mon 3/2/26 Fri 4/10/26 8,41
10 City Review of Draft Noise
Element
3 wks Mon
4/13/26
Fri 5/1/26 9
11 2nd Draft Noise Element
(Public Review Draft)
3 wks Mon 5/4/26 Fri 5/22/26 10
12 City Review of Draft Noise
Element
2 wks Mon
5/25/26
Fri 6/5/26 11
13 2.2 Draft Open
Space/Conservation Element
Update
100 days Mon
12/22/25
Fri 5/8/26
14 Plan Review and Data
Collection
2 wks Mon
12/22/25
Fri 1/2/26 3
15 Goals and Policies 4 wks Mon 1/5/26 Fri 1/30/26 14
16 1st Draft Open
Space/Conservation
Element
6 wks Mon 2/2/26 Fri 3/13/26 15
17 City Review of Draft Open
Space/Conservation
Element
3 wks Mon
3/16/26
Fri 4/3/26 16
18 2nd Draft Open
Space/Conservation
Element (Public Review
Draft)
3 wks Mon 4/6/26 Fri 4/24/26 17
19 City Review of Draft Open
Space/Conservation
Element
2 wks Mon
4/27/26
Fri 5/8/26 18
20 2.3 Draft Safety Element
Update
160 days Mon
12/22/25
Fri 7/31/26
21 Plan Review, Data
Collection, Hazard Profile
and Maps
8 wks Mon
12/22/25
Fri 2/13/26 3
22 Safety Advisory Committee
Meeting #1
0 days Fri 2/13/26 Fri 2/13/26 21
23 Vulnerability Assessment 7 wks Mon
2/16/26
Fri 4/3/26 22
24 Evacuation Route Analysis 7 wks Mon 4/6/26 Fri 5/22/26 23 25 Safety Advisory Committee
Meeting #2
0 days Fri 5/22/26 Fri 5/22/26 24
26 1st Draft Safety Element 4 wks Mon 5/25/26Fri 6/19/26 24,25 27 City Review of Draft Safety
Element
2 wks Mon
6/22/26
Fri 7/3/26 26
28 2nd Draft Safety Element
(Public Review Draft)
2 wks Mon 7/6/26 Fri 7/17/26 27
29 Ciy Review of Draft Safety
Element
2 wks Mon
7/20/26
Fri 7/31/26 28
30 2.4 Economic Development
Element
20 days Mon
12/22/25
Fri 1/16/26
31 Elimination Review and
Consistency Check
4 wks Mon
12/22/25
Fri 1/16/26 3
32 2.5 Public Review of Draft
Elements
41 days Mon 8/3/26 Mon
9/28/26
33 Public Review
Coordination, Website
Updates, Noticing
2 wks Mon 8/3/26 Fri 8/14/26 29
34 Public Review (including
submission of Safety
Element to State Boards)
45 edays Fri 8/14/26 Mon
9/28/26
33 35 2.6 Revision of Draft
Elements
30 days Tue 9/29/26 Mon
11/9/26
36 Revised Draft of Updated
Elements
2 wks Tue 9/29/26 Mon
10/12/26
34 37 City Review 2 wks Tue 10/13/26Mon 10/26/236
38 Final Updated Elements 2 wks Tue 10/27/26Mon 11/9/2637 39 2.7 Technical Analyses 120 days Mon 12/22/2Fri 6/5/26 40 Draft Transportation Study 6 wks Mon 12/22/2Fri 1/30/26 3 41 City Review of
Transportation Study
3 wks Mon 2/2/26 Fri 2/20/26 40
42 Final Transportation Study 2 wks Mon 2/23/26Fri 3/6/26 41 43 SB18 Tribal Consultation 6 mons Mon 12/22/2Fri 6/5/26 3 44 3.0 CEQA Documentation 80 days Mon 8/17/26Fri 12/4/26 45 3.1 CEQA Approach 2 wks Mon 8/17/26Fri 8/28/26 33
46 3.2 CEQA Documentation
Preparation
70 days Mon
8/31/26
Fri 12/4/26
47 Draft EIR Addendum 4 wks Mon 8/31/26Fri 9/25/26 45
48 City Review of Draft
Addendum
3 wks Mon
9/28/26
Fri 10/16/26 47
49 Revised Draft Addendum 2 wks Mon 10/19/2Fri 10/30/26 48 50 City Review of Revised
Draft Addendum
2 wks Mon
11/2/26
Fri 11/13/26 49
51 Final Addendum 2 wks Mon 11/16/2Fri 11/27/26 50
52 Draft and Final MMRP 3 wks Mon 11/16/2Fri 12/4/26 50 53 4.0 Implementation Plan and
Adoption
60 days Tue
10/27/26
Tue 1/19/27
54 4.1 Implementation Plan
Development
45 days Tue
10/27/26
Mon
12/28/26
55 Draft Implementation Plan
of Updated Elements
4 wks Tue
10/27/26
Mon
11/23/26
37 56 City Review 3 wks Tue 11/24/26Mon 12/14/255
57 Final Implementation Plan 2 wks Tue 12/15/26Mon 12/28/256 58 4.2 Planning Commission
Public Hearing
0 days Tue 1/5/27 Tue 1/5/27
59 4.3 City Council Public
Hearing
0 days Tue 1/19/27 Tue 1/19/27
60 5.0 Project Management 283 days Fri 12/5/25 Tue 1/5/27 61 Monthly Meetings 283 days Fri 12/5/25 Tue 1/5/27
12/1
2/13
5/22
1/5
1/19
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Qtr 4, 2025 Qtr 1, 2026 Qtr 2, 2026 Qtr 3, 2026 Qtr 4, 2026 Qtr 1, 2027 Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress
City of El Centro General Plan Noise, Open Space/Conservation, and Safety Element Update
Project: El Centro General Plan Noise,
Open Space/Conservation and Safety Element Update
Date: October 15, 2025
3. WORK SCHEDULE AND MILESTONES
Comments on City’s Tentative Schedule
The City’s tentative schedule is both ambitious and feasible. We recommend regular monthly status meetings and early alignment of CEQA documentation to make sure environmental review does not delay adoption. The timeline supports all objectives and fits within the $200,000 budget allocated for 2025.
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 16
4. QUALIFICATIONS AND EXPERIENCE
The Harris team brings extensive experience supporting
cities and counties across California with General Plan and Element updates, including the preparation of program-level, tiered, and project-specific environmental documentation in compliance with the CEQA and NEPA. Our in-house technical specialists prepare supporting studies that inform long-range planning policies and environmental analysis, including noise assessments and contour mapping; air quality and greenhouse gas emissions modeling; hydrology and water quality analysis; and biological, cultural, and agricultural resource evaluations.
Our team also develops hazard mitigation and resilience strategies that inform Safety Element updates and open
space and conservation planning efforts. Drawing on this multidisciplinary expertise, Harris has tailored this work plan to provide efficient, defensible documentation that integrates seamlessly with General Plan policies, verifying consistency with State guidelines and the City’s vision for sustainable and resilient growth.
Harris engages residents, stakeholders, and underrepresented groups through multilingual materials, targeted outreach, and accessible participation opportunities—both in-person and online. Our approach combines interactive workshops, digital surveys, and pop-up events designed to meet people where they are, fostering trust and transparency throughout the process.
By aligning outreach with key project milestones, Harris takes public input and directly informs planning and design outcomes, resulting in projects that reflect local priorities, strengthen community identity, and advance equitable growth.
Harris has extensive experience preparing and updating General Plan Elements for communities across California, including work on Noise, Open Space/Conservation, and Safety Element updates. The firm has led comprehensive, inclusive public engagement programs that reflect community priorities and long-term visions.
CRA’s Expertise in Preparation of Transportation Studies in Support of CEQA/NEPA Environmental Documents
CRA has a proven track record of successfully completing complex and controversial transportation engineering studies in support of CEQA and NEPA environmental documents
for public and private developments, transit initiatives, active transportation projects, and broader mobility efforts. This extensive experience provides CRA with in-depth knowledge of the environmental process, including specific state and federal requirements such as greenhouse gas analysis, air quality and noise assessments, and environmental justice evaluations necessary for NEPA compliance and certification. Both federal and state regulations mandate technical protocols related to community notification and engagement, as well as precise timelines and filing requirements.
As part of its transportation engineering services, CRA leads the implementation of CEQA and NEPA environmental regulations and requirements. The firm’s expertise enables its teams to anticipate, schedule, and manage environmental processing needs, including the evaluation of CEQA exemptions—
statutory, categorical, and common-sense. Statutory exemptions apply to specific project types regardless of their potential environmental impacts. Categorical exemptions may be used for classes of projects that typically do not result in significant environmental impacts, though they are not applicable if the project could cause such impacts. Commonsense exemptions apply to plans or projects that clearly would not or could not cause significant environmental effects, and are used only when no other exemption category is applicable.
CRA remains at the forefront of SB 743 implementation. The firm has supported numerous jurisdictions in developing SB 743-compliant transportation study guidelines and VMT-based transportation impact fee programs, including work for the City of El Centro, County of San Diego, Port of San Diego, San Diego Unified School District, and the cities of San Diego, Chula Vista, and Solana Beach. CRA staff have also played a key role in shaping the region’s Transportation Impact Study Guidelines for SB 743 through participation in the ITE Mobility Task Force SB 743 Subcommittee. Their deep understanding of regional transportation models enables accurate interpretation of traffic forecast volumes, mode splits, and vehicle miles traveled (VMT) calculations for projects.
In addition to VMT analysis required under SB 743, local agencies continue to require a Local Mobility Analysis, which evaluates vehicle level of service (LOS) and other travel modes. CRA’s traffic engineers have prepared hundreds of transportation studies using LOS methodologies and are wellversed in the procedures, standards, and approaches required to deliver successful studies. Their success is largely due to extensive expertise with the Highway Capacity Manual (HCM) and a wide array of traffic engineering software tools, including Synchro, SimTraffic, VISSIM, Traffix, Highway Capacity
Software (HCS), SIDRA, and the SANDAG MXD methods and
tools for Smart Growth Trip Generation. CRA also actively contributes to the development of performance metrics and evaluation frameworks that promote a modally balanced view of urban travel.
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 17 Client DatesComplete General Plan UpdateNoise ElementSafety ElementOpen Space/Conservation ElementEnvironmental Justice ElementHousing ElementLand Use ElementCirculation ElementClimate Action Plan/ElementCEQA Documentation City of El Centro 2019 - 2021
City of Irvine 2021 - 2025
City of Santee 2021 - 2022
City of Coronado 2023 - 2024
City of Victorville 2020 - 2023
City of Millbrae 2022 - 2024
City of Walnut Creek 2024 - Ongoing
City of Watsonville 2019 - 2020
County of Monterey 2022 - Ongoing
County of San Diego 2020 - 2022
Our Team's experience supporting cities and counties across California with General Plan and Element updates.
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 18 General Plan Update Program EIR - Land Use and Mobility Element Update and Environmental Justice Element City of El Centro
Harris completed a General Plan Update for the City of El Centro, which included the preparation of the Land Use, Mobility, and Environmental Justice (EJ) Elements, in
compliance with the requirements of Senate Bill 1000. The elements were designed to improve sustainability, promote public health, anticipate future advancements in transportation technology, and maintain internal consistency with the
remainder of the General Plan.
The updated Land Use Element recognized the importance of aesthetics, design, and community character in strengthening El Centro’s cultural uniqueness and its American and Mexican traditions by promoting the arts and culture as an integral part of the plan and its implementation. The plan included a new EJ Element that was designed so that all El Centro residents were treated equitably with respect to environmental regulations and were protected from disproportionate environmental and health burdens. The public outreach plan emphasized methods for Spanish speakers to have equal opportunity to provide input during the development of the plan.
Harris prepared the Program Environmental Impact Report (PEIR), which identified potential impacts on a program level rather than a specific project level that would result from project implementation. The PEIR identified a range of potential impacts resulting from future development allowed under the project and identified mitigation measures that future development could implement to reduce potentially significant effects.
The PEIR required close coordination between the proposed land use and mobility plans, which had to be provided at the right time to initiate the environmental analysis included in the PEIR. The Harris team collaborated with the design team on this project and demonstrated that successful teams communicate well and often. Harris and the design team
“spoke the same language,” which was essential when delivering different project components.
The project was funded through a Caltrans Sustainable
Communities Grant. To work within the grant budget and
streamline the CEQA process, Harris tiered from adopted documents and prepared an initial study to scope out
environmental topics and develop a focused PEIR.
The Harris team worked in close collaboration with the client to successfully complete the project on time, within budget, and with a high-quality, legally defensible document.
The following is a list of projects completed by Harris relevant to the proposal that have been completed in the last five years.
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 19 Environmental Consulting Services
City of El Centro
As the City's on-call environmental consulting partner, Harris & Associates provides a full suite of CEQA and NEPA services for capital improvement and private development projects throughout El Centro. This includes support for roadway, water, wastewater, park, and planning initiatives funded by both local and federal sources.
Harris’ role includes preparing and reviewing environmental documents such as Categorical Exemptions, Initial Studies, Mitigated Negative Declarations (IS/MNDs), and EIRs, as well as NEPA compliance documentation including Categorical
Exclusions (CEs) and Environmental Assessments (EAs). Our work emphasizes regulatory compliance, technical quality, and legal defensibility across all deliverables.
Key responsibilities included:
• Conducting early project review and CEQA/NEPA strategy development.
• Performing or managing technical studies (air quality, greenhouse gas, noise, biological resources, cultural
resources, traffic).
• Coordinating with regulatory agencies such as Caltrans, the State Water Resources Control Board, and the U.S. Fish and Wildlife Service.
• Supporting permitting efforts including Clean Water
Act Section 401 and 404, and Endangered Species Act
compliance.
• Providing quality assurance/quality control (QA/QC)
reviews to ensure all documents met legal and regulatory standards.
Led by senior environmental professionals, Harris provides hands-on project management, closely coordinates with
City staff to manage multiple projects concurrently. Our team adhered to project schedules and grant requirements (e.g., Caltrans-funded projects) while responding to the City's evolving development and infrastructure priorities.
Harris delivers timely, high-quality environmental
documentation that enables the City of El Centro to
advance essential infrastructure and planning projects
in compliance with state and federal environmental laws.
Our partnership supports the City’s goals of sustainable development, regulatory transparency, and communityoriented planning
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 20 Housing, Safety, and Environmental Justice Elements
County of Monterey
The Harris team is currently working with the County of Monterey to prepare their General Plan Update consisting of their 6th Cycle Housing Element Update in accordance with HCD requirements, as well as the Safety Element update and a new Environmental Justice (EJ) Element to address disadvantaged communities within the County. Harris’ roles and responsibilities for the project include leading a robust community outreach effort, including development and
implementation of a public engagement plan, development of the County’s Housing Element Update, updates to the Safety Element, and creation of a new EJ Element. With the project in process, Harris continues to perform community outreach efforts with respect to all three elements and has completed a draft Housing Element, incorporating extensive feedback from staff and the community.
The scope included update/preparation of the Housing, Safety, and Environmental Justice Elements. Because the County
serves a large geographic area, community outreach efforts were extensive and are continuing.
Monterey County is a diverse community with agricultural and rural areas as well as more suburban, urbanized areas. Thus, the housing needs can be equally diverse. Harris has helped to overcome some initial challenges such as planning for housing sites with limited water availability and other infrastructure constraints. The County has a history of relatively slow growth and the planning of several thousand additional housing units is a challenge from a community standpoint.
6th Cycle Housing Element Update, 2045 General
Plan Update, Program EIR, and Real Estate/Financial
Feasibility Analyses
City of Irvine
Harris led the Irvine 2045 General Plan Update, which included updates to several critical elements:
• Land Use: Aligned with the updated Housing Element.
• Safety: Modernized to incorporate resilience to climate change impacts and disaster preparedness.
• Circulation: Enhanced to reflect sustainable
transportation priorities.
• Noise: Refined to address evolving urban needs and
regulations.
• Environmental Protection and Climate Action: A
new element addressing sustainability goals and
environmental justice concerns.
The project also involved the development of a strategic implementation plan, amendments to the City’s Zoning
Ordinance and an extensive community outreach plan was
implemented with efforts targeted at engaging community members throughout the General Plan Update process.
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 21 General Plan Update, Program EIR, and 6th Cycle
Housing
City of Victorville
This project involved a comprehensive General Plan Update that includes updates to the Land Use Element—developed in coordination with the Housing Element and supported by extensive public outreach—as well as updates to the Safety Element, Housing Element, and Environmental Justice
Element. The effort also includes preparation of a Program EIR and related CEQA services, along with the development and implementation of a Community Involvement Plan to guide meaningful engagement throughout the process.
Harris prepared the City of Victorville’s 2021–2029 Housing Element, updated the Land Use and Safety Elements, and
developed a new Environmental Justice Element in accordance with Senate Bill 1000. The Land Use and Housing Elements were closely coordinated early in the process to streamline the sites inventory and guide growth consistent with community goals.
Harris also prepared environmental documentation, including a Mitigated Negative Declaration for the Housing Element and a Program Environmental Impact Report for the Land
Use, Safety, and Environmental Justice Elements. The updates introduced two new mixed-use zones, a Small-Lot Overlay Zone, and a Health and Wellness Overlay to expand housing options and support “missing middle” unit types. Harris led a robust public engagement process that included virtual community workshops and stakeholder sessions, and advised the City to bifurcate the CEQA process to meet State deadlines.
As a result, Victorville became one of only six jurisdictions in the Southern California Association of Governments (SCAG) region to achieve Housing Element certification by February 12, 2022.
Safety and Environmental Justice Elements, and
Mitigated Negative Declaration
City of Santee
Harris assisted the City in preparing a combined Environmental Justice (EJ) and Safety Element of its General Plan. The work involved a comprehensive community engagement process
that included a survey targeted to community members,
with focused outreach to representatives from disadvantaged communities. Harris developed the existing conditions
assessment for the EJ Element and facilitated several workshops and outreach meetings to share results and gather input on policies. The team identified objectives and policies to reduce the unique or compounded health risks faced by the City’s disadvantaged communities.
For the Safety Element, Harris prepared updates in compliance with new state legislation. Utilizing the Adaptation Planning Guide and Cal-Adapt, the team completed a climate
vulnerability assessment identifying how climate change would affect the City. Harris led outreach workshops with the City Council and community stakeholders to gather input on goals and policies designed to protect critical infrastructure and strengthen community resilience to climate hazards. An Initial Study/Mitigated Negative Declaration (IS/MND) was also
prepared in compliance with the CEQA.
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 22
ORGANIZATIONAL CHART
Harris prioritizes project success with a dedicated team led by Principal-in-Charge, Ryan Binns, PMP, ENV SP and supported by Project Manager Kelsey Hawkins. Through effective communication and rigorous quality assurance, this team exemplifies Harris’s commitment to project excellence.
City of El Centro
Technical Team Members
Noise Element
Sharon Toland 🔑
Kelsey Hawkins 🔑
Safety Element/Environmental Justice Element
Darin Neufeld, AICP 🔑
Sydnie Margallo, LEED GA 🔑
Open Space/Conservation Element
Darin Neufeld, AICP 🔑
Sydnie Margallo, LEED GA 🔑
Erika Eidson
Dima Galkin
CEQA Documentation
Kelsey Hawkins 🔑
Sharon Toland 🔑
Janelle Firoozi 🔑
Sydnie Margallo, LEED GA
Mia Claridy
Donna Beddow
In-House CEQA Attorney
Bill Halligan, Esq.
GIS/Visuals
Randy Deodat 🔑
Matthew Dornbach
Technical Editing
Lindsey Messner
Leona Vander Molen
Public Engagement
Darin Neufeld, AICP 🔑
Sydnie Margallo, LEED GA 🔑
Mia Claridy
Transportation
CR Associates
Phuong Nguyen, PE 🔑
Jonathan Sanchez, PE, TE, PTOE 🔑
Michael D. Calandra
Cristian Belmudez
Project Manager
Kelsey Hawkins 🔑
Principal-in-Charge
Ryan Binns, PMP, ENV SP 🔑
Key Personnel
Full resumes for key staff are provided in the following pages.
QA/QC Manager
Janelle Firoozi 🔑
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 23
EDUCATION
MA, International Environmental
Policy
BS, Zoology
CERTIFICATIONS
Project Management Professional
(PMP), PMI
Envision Sustainability Professional
(ENV SP), ISI
Approved EIR Preparer, County of
San Diego
Ryan Binns, PMP, ENV SP
PRINCIPAL-IN-CHARGE
Ryan has 24 years of experience managing environmental projects and on-call contracts. He has experience in all aspects of project management, from preparing and reviewing technical reports and environmental assessment documentation to budget and schedule compliance and invoicing.
Ryan is well-versed in managing diverse teams of specialists for complex projects, including a mix of both in-house and subconsultant staff, to prepare CEQA and NEPA documentation and supporting technical reports. He has worked with numerous federal, state, and local agencies including the California Coastal Commission, California Department of Fish and Wildlife, Native American organizations, Regional Water Quality Control Boards, US Army Corps of Engineers, and US Fish and Wildlife Service.
RELEVANT EXPERIENCE
• City of Coronado, Housing Element Update, General Plan Amendment, and Environmental Assessment. Project Manager. This project involved completing the Housing Element Update (HEU), General Plan Amendment, and Program Environmental Impact Report (PEIR) for the City of Coronado in June 2023. The HEU addressed the allocation of 912 residential units under the Regional Housing Needs Allocation (RHNA) process, revised from 1,001 units, despite the City’s legal challenge to the RHNA allocation. Updates included expanding key sections based on feedback from the California Department of Housing and Community Development (HCD). A major challenge was meeting HCD’s requirements given Coronado’s unique development patterns. The team conducted additional data analysis and mapping and revised the HEU to meet state standards. Close collaboration with HCD streamlined the approval process. The project was completed on time and within budget, securing compliance without delays or resubmissions, while aligning the Housing Element with state laws and Coronado’s local needs.
• City of El Centro, General Plan Update and Program EIR. QA/QC Lead. Ryan was responsible for reviewing and ensuring the legal defensibility and analytical integrity of the Program Environmental Impact Report (PEIR) prepared in support of the City of El Centro’s General Plan Update. His oversight focused on maintaining consistency with CEQA requirements and ensuring alignment between the environmental analysis and the updated Land Use, Mobility, and Environmental Justice Elements. Ryan conducted in-depth reviews of technical sections, confirmed that findings were supported by substantial evidence, and identified potential risks early to inform mitigation and revisions. He provided strategic feedback across planning, environmental, and design disciplines to ensure the document met regulatory standards and reflected community priorities. Ryan’s quality control contributions helped produce a wellsupported, clearly written, and legally robust PEIR that met state requirements and the City’s long-term planning vision.
• City of El Centro, Courtyard Villas Subdivision. Supervisor. Ryan provided oversight of the environmental review process to confirm that the proposed subdivision could be addressed through an Addendum to the existing General Plan Programmatic Environmental Impact Report (PEIR). His role involved guiding the technical team in reviewing project consistency with the General Plan and Zoning Ordinance, identifying applicable CEQA requirements, and determining the appropriate level of environmental analysis. He oversaw the preparation of the Addendum, maintained technical accuracy, regulatory compliance, and alignment with City policies. Ryan also reviewed key deliverables, coordinated with City staff, and provided direction to keep the work on schedule and within scope.
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 24
EDUCATION
MS, Environmental Studies
BS, Environmental Sciences
CERTIFICATIONS
OSHA 10-Hour Construction, OSHA
Kelsey Hawkins
PROJECT MANAGER
Kelsey is a project manager with over 8 years of experience specializing in managing and technical writing CEQA-compliant documents for various projects throughout southern California. She has experience preparing various environmental analysis documents including EIRs, MNDs, and initial studies for both private and public development. She has assisted in preparing several air quality, energy, greenhouse gas, and noise technical analyses including visiting various project sites to take noise measurements and perform associated modeling.
Kelsey is technically proficient at using several modeling software including the California Emissions Estimator Model, Federal Highway Roadway Construction Noise Model, SoundPLAN, and CALINE4. Her project experience includes multi-use development, planned communities, redevelopment, and infrastructure.
RELEVANT EXPERIENCE
• City of El Centro, General Plan Update and Program EIR. Deputy Project Manager. The City of El Centro recently updated the General Plan Land Use and Mobility Element and EJ Element. The General Plan elements were designed to improve sustainability, promote public health, and anticipate future advancements in transportation technology. Harris prepared the Program EIR and associated technical studies for the General Plan Update.
Despite schedule delays, Harris brought this project in on time and within budget. • City of Victorville, General Plan Update. Deputy Project Manager. Kelsey served as Deputy Project Manager for the City of Victorville’s General Plan Update, supporting the coordination of updates to the Land Use, Safety, and Housing Elements, as well as development of the City’s first Environmental Justice Element. She helped manage schedules, integrate planning and environmental tasks, and coordinate between technical teams and City staff. • City of Santee, Safety and Environmental Justice Elements. Project Manager. Harris assisted the City in preparing a combined Environmental Justice (EJ) and Safety Element for its General Plan. The work involved a community engagement process that included a survey targeted to community members, with specific outreach to representatives from disadvantaged communities. Harris developed the existing conditions assessment for the EJ Element and facilitated several workshops and outreach meetings to share results and gather input on policies. The team identified objectives and policies to reduce the unique or compounded health risks in the City’s disadvantaged communities. Harris also prepared the Safety Element in compliance with new state legislation. Utilizing the Adaptation Planning Guide and CalAdapt, the team completed a climate vulnerability assessment that identified how climate change would impact the City. Under Kelsey’s leadership, the team led outreach workshops with the City Council and community stakeholders to gather input on goals and policies designed to protect critical infrastructure and build community resilience to climate hazards.
Harris also prepared an Initial Study/Mitigated Negative Declaration (IS/MND) in compliance with the CEQA.
• City of San Diego , Midway Rising Subsequent EIR. Project Manager. Harris prepared a Subsequent EIR and associated technical studies tiering off the Midway Pacific Highway Community Plan Program EIR for the redevelopment of the approximately 52-acre property, currently developed with the existing Pechanga Arena, commercial buildings, and surface parking. The project revitalized the Midway area and redeveloped the site with a mixed-use development comprised of approximately 4,254 housing units including affordable units, a new 16,000-seat entertainment center, approximately 130,000 square feet of commercial retail uses, and approximately 14 acres of open space. Kelseyworked closely with the Development Services Department staff to prepare the SEIR on an expedited schedule.
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 25 Janelle Firoozi
QA/QC MANAGER
Janelle Firoozi has experience in planning and environmental analysis, specializing in CEQA -level environmental documentation. Projects have ranged in size from small infrastructure improvements to complex planned communities. Documentation has included EIRs, MNDs, addendums, exemptions, tiered documents, general plans and local coastal plans, ensuring environmental compliance at the federal, state, and local level. She has worked on interdisciplinary consultant teams for a variety of projects throughout California, with a focus in San Diego. Janelle has been responsible for quality control and quality assurance and project management-related tasks, including providing senior review, project team coordination, internal reviews and quality control, budget and schedule tracking, and coordination and engagement with clients and the public.
RELEVANT EXPERIENCE
• City of Oceanside, Local Coastal Program Update, Contributing Author. Janelle assisted the City of Oceanside in preparing a comprehensive update to the Local Coastal Program to address sea-level rise and other hazards, public access, scenic resources, visitor-serving commercial and recreation land uses, and natural resources. Janelle’s firm prepared a background study that identifies existing conditions in the City’s coastal zone, a vulnerability assessment and adaptation plan to plan for sea-level rise related hazards, and a Land Use Plan to provide policy direction for future development and investment in the Coastal Zone over the next twenty to thirty years. The update to the Local Coastal Program involved extensive public outreach to community members and stakeholders, including pop-up outreach, community surveys, stakeholder interviews, public workshops, and public hearings. Janelle assisted the City with developing the Background Study, amend their Local Coastal Program Land Use Plan based on model policies, and conduct public outreach. • City of Manhattan Beach, Climate Resiliency Program and Climate Action and Adaptation Plan. Contributing Author. Janelle assisted the City with the development of a climate action and adaptation plan (CAAP), sea-level rise vulnerability assessment and adaptation plan, and a Local Coastal Program update. The project is intended to inform the update to the City’s General Plan Safety Element and local hazard mitigation plan. Janelle also helped in the preparation of the CAAP IS/MND and public engagement and outreach program. • Culver City, General Plan Update. Contributing Author. Janelle’s firm worked as a subconsultant to Raimi & Associates, preparing the Environmental Background Report and General Plan Update Elements to assist in the development of the update to the Culver City General Plan. Janelle prepared the Hazards and Hazardous Materials and Hydrology and Water Quality background reports and Safety Element Update based on City priorities and model policies that were successful in other jurisdictions. Background reports were required to research and gathering information, as well as analyze deficiencies that should be addressed in their General Plan Update.
• County of Los Angeles, West San Gabriel Valley Area Plan and Program EIR. CEQA Project Manager. Janelle managed the preparation of the Program EIR and supporting technical analyses for the West San Gabriel Valley Area Plan with the Regional Planning Department of LA County. Janelle coordinated with internal Planning staff working on the Area Plan as well as with internal technical staff to prepare various technical studies, tribal consultation, and Program EIR chapters. Janelle was responsible for technical review and quality control and quality assurance of the Program EIR.
EDUCATION
MS, City Planning
BA, Environmental Studies
AFFILIATIONS
Association of Environmental
Professionals
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 26
EDUCATION
BA, Environmental Studies
CERTIFICATIONS
Certified CEQA Consultant - Noise
and Air Quality, County of San
Diego
Sharon Toland
NOISE ELEMENT LEAD
Sharon has 18 years of experience and serves as an environmental analyst and technical specialist for a variety of CEQA/NEPA documents and technical reports. Her expertise includes technical air quality, greenhouse gas (GHG), noise, and general CEQA/NEPA projects. Sharon’s extensive experience in the preparation of documents includes mixed-use, residential, and coastal developments; planned communities; education, institutional, and industrial projects. Sharon has conducted noise and air quality analyses using survey equipment, including ANSI Type I and Type II noise level meters; the AERMOD, URBEMIS, CalEEMod, EMFAC, CALINE3, and CALINE4 air quality models; and the FHWA Highway Noise Prediction Model (FHWARD-77-108), FHWA Traffic Noise Model (TNM), and Roadway Construction Noise Model.
RELEVANT EXPERIENCE
• City of Irvine, 2045 General Plan Update. Technical Specialist. Sharon is a technical specialist for the 2045 General Plan Update involving updates to several elements, including Land Use, Circulation, Open Space, Safety, Noise and a new Environmental Protection and Climate element. Sharon’s responsibilities include preparation of the Noise Element, which included direct coordination with City staff to prepare an element that reflected City needs, community concerns, and complemented an updated City Noise Ordinance. • City of El Centro, General Plan Update and Program EIR. Air Quality/GHG/Noise Specialist. The City of El Centro recently updated the General Plan Land Use and Mobility and Environmental Justice Elements. The General Plan elements are designed to improve sustainability, promote public health, and anticipate future advancements in transportation technology. Sharon prepared the air quality, greenhouse gas emissions, noise and energy technical analyses for the City using CalEEMod and vehicle noise modeling. The Harris team incorporated analyses available from regional planning agencies, such as Imperial County Transportation Commission and Imperial County Air Pollution Control District to streamline future project analysis and measure mitigation development. • City of Victorville, City of Victorville General Plan Update EIR. Technical Specialist. The City of Victorville proposed updates to the Land Use and Safety Elements of its General Plan and the creation of a new Environmental Justice Element. The updates aimed to support Smart Growth principles—promoting resource conservation and reducing pollution and greenhouse gas emissions. The Environmental Justice Element focused on policies to reduce pollution exposure; improve access to public facilities, healthy food, recreation, and affordable housing; and increase community resilience and civic engagement. As the technical lead, Sharon prepared the air quality, greenhouse gas emissions, and noise analyses, incorporating existing land use conditions and the General Plan’s sustainability features into the modeling to ensure a comprehensive and defensible environmental review.
• 22nd District Agricultural Association, Noise Data Interpretation for Notice of Dispute Response. Project Manager. Harris provided event-related noise monitoring and reporting services for non-fair concerts at the San Diego Fairgrounds. The project involved organizing raw data from the District meters so that data could be interpreted by the District for response to a letter from the City of Del Mar related to a settlement agreement between the parties.
Sharon organized the raw data into user-friendly summary tables for the District’s use. • City of Watsonville, Climate Action and Adaptation Plan (CAAP). Technical Lead. Sharon led the technical development of the CAAP, overseeing GHG inventories, emissions forecasts, and reduction measure quantification. She ensured technical accuracy through scenario modeling, cost-benefit analysis, and alignment with CARB methodologies. Sharon also guided the adaptation and resilience framework, identifying climate hazards, assessing vulnerabilities, and recommending actionable strategies to deliver a data-driven, defensible, and implementation-ready plan.
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 27
EDUCATION
MA, Urban History
BA, History
CERTIFICATIONS
Certified Planner (AICP), AICP
Darin Neufeld, AICP
SUSTAINABILITY OPEN SPACE/CONSERVATION ELEMENT LEAD
Darin has over 18 years of experience in environmental planning and project management, eight of those working for lead agencies. He specializes in CEQA compliance, sustainability, and greenhouse gas emissions. He has experience with master-planned communities, commercial/ retail, industrial, renewable energy, climate action planning, and long-range planning projects.
Darin has managed complex and controversial projects including general plan amendments, community plans, climate action plans, and large-scale renewable energy projects. For six years, Darin managed the CEQA process for the County of San Diego Planning & Development Services Department. He oversaw the review and production of CEQA documents while managing 32 staff in his role as Chief, Departmental Operations.
RELEVANT EXPERIENCE
• County of Monterey , General Plan Update, Safety and Environmental Justice Elements and Housing Element Program EIR. Project Manager. The Harris team is preparing the County’s 6th Cycle Housing Element and Program EIR, updating the Safety Element, preparing a new Environmental Justice Element, and preparing an MND for the Safety and Environmental Justice elements. Harris performs community outreach efforts for all three elements and works closely with the County to engage stakeholder input for the General Plan update. • City of Irvine, Comprehensive General Plan Update. Safety Element Lead. Harris is leading the 2045 Irvine General Plan Update, including updating the Land Use Element in accordance with the Housing Element, updating the Safety, Circulation, and Noise Elements, creating a new Environmental and Climate Action Element, developing a strategic implementation plan, amending the City’s zoning ordinance, and preparing a Program EIR and technical studies in accordance with CEQA. Darin is providing key oversight for the GP’s Safety Element. An extensive community outreach plan is being implemented as a part of this project and will engage community members throughout the General Plan Update process. • City of Walnut Creek, Safety Element and 6th Cycle Housing Element Update (HEU). Safety Element Lead/CEQA Lead. In close collaboration with the City of Walnut Creek, Harris prepared the 6th Cycle HEU and required Safety Element update in accordance with State law. Harris prepared a MND for the Safety Element and either MND or Statutory Exemption for the HEU. Darin provided leadership of the Safety Element, as well as overseeing all CEQA documentation. Harris completed hazard profiles and conducted outreach with the city, public, and experts on the Safety Element update.
• City of Victorville, General Plan Update and Program EIR. Safety Element Author. Darin helped prepare the Safety Element as part of the 6th Cycle Housing Element for the City of Victorville that involves a Land Use Element (LUE) Update, a Safety Element Update, and an EJ Element Update. Harris is also preparing environmental documentation including an MND in support of the Housing Element and a Program EIR for the Land Use, Safety and EJ Elements. The Housing Element was one of only nine in the region (out of 190) to be certified by HCD on time.
• City of Watsonville, Climate Action and Adaptation Plan (CAAP). Project Manager/ Author. Darin managed the City’s Climate Action and Adaptation Plan, which included GHG reduction measures and supporting efforts to achieve the Senate Bill 32 target of 40 percent below 1990 levels and the City’s ambitious net negative goal by 2030. The CAAP also included sections on adaptation and resilience to support the City’s sustainability efforts. Darin authored the CAAP and provided hearing support to the City.
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 28
EDUCATION
BS, Environmental
Management and Protection
CERTIFICATIONS
LEED Green Associate (LEED
GA)
Sydnie Margallo, LEED GA
SUSTAINABILITY PLANNER
Sydnie has seven years of environmental planning and project management experience, including the preparation of CEQA documents and climate adaptation and emergency management programs. She has substantial experience in the preparation of CEQA environmental resource analyses, assisting in the management of technical staff, and document production, including preparation of CEQAcompliant analyses on urban infill development and planning projects in Southern California.
Sydnie has worked on a wide range of CEQA-compliant documents including Initial Studies and Mitigated Negative Declarations (IS/MNDs), project-level Environmental Impact Reports (EIRs), and programmatic EIRs. Sydnie is also a CEQA Air Quality and Greenhouse Gas emissions specialist, with exposure to numerous projects in the South Coast Air Basin. Her air quality expertise includes experience using the most updated versions of the California Emissions Estimator Model (CalEEMod) and analyzing Health Risk Assessments (HRAs).
SELECT EXPERIENCE
• City of Santee, Safety and Environmental Justice Element. Deputy Project Manager. Harris recently completed the Safety and Environmental Justice Element for the City of Santee. The scope included preparation of an update to the safety discussions and policies, as well as new environmental justice discussions and policies and incorporation of climate adaptation and resilience considerations. The combined Element included the preparation of several supporting technical studies, such as a vulnerability assessment, evacuation route analysis, and existing conditions report, of which the analyses were incorporated into the Element. The scope also included preparation of the appropriate environmental analysis required for the project (IS/ND).
Sydnie conducted a detailed review of and provided edits on the Element, supporting technical studies, and IS/ND. The complex project, including all of the supporting technical documents, was finished on schedule. The project is scheduled for hearing in May 2025. • County of San Diego PDS, Staff Support Services. Deputy Project Manager and Senior CEQA Review. Harris is providing contract staff support services related to CEQA to support the Planning & Development Services Project Planning Division. Sydnie reviews and prepares Notices of Exemption, Addenda, Negative/Mitigated Negative Declarations, and Environmental Impact Reports for privately and publicly initiated projects. Sydnie serves as the lead environmental planner in preparing documents and regularly briefs the Chief and Deputy Director on project issues. The Bonsall Oaks and Amazon Discovery projects were both successfully bid and finished within the allotted budget and on schedule, due in part to Sydnie’s thorough and timely efforts. • County of Monterey , General Plan Update, Safety and Environmental Justice Elements and Housing Element Program EIR. Project Manager. The Harris team is preparing the County’s 6th Cycle Housing Element and Program EIR, updating the Safety Element, preparing a new Environmental Justice Element, and preparing an MND for the Safety and Environmental Justice elements. Harris performs community outreach efforts for all three elements and works closely with the County to engage stakeholder input for the General Plan update.
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 29
EDUCATION
BA, Geography
AA, Geography
CERTIFICATION
GISP, GIS Certificate Institute
Randy Deodat, GISP
GIS ANALYST
Randy is a GIS analyst with over ten years of experience with geographic information sciences and associated graphic presentation. He has worked extensively in database design and management, with GPS, and with GIS customization. As the GIS lead on several large scale, fast-paced projects, he has developed mobile applications updates to use in the field. He has also assisted in the preparation of biological technical reports, environmental impacts reports, IS/ MNDs, and agency compliance submittals.
Rand has worked on several projects in Santa Cruz County, including the SCCRTC Santa Cruz Branch Rail Line Maintenance Permitting Project, Coastal Rail Trail Segments 8/9 and 10/11 EIRs, the County’s Buena Vista Landfill Redevelopment Project EIR and Buena Vista Drive Rehabilitation IS/MND, and the Salinas Creeks Restoration Project.
RELEVANT EXPERIENCE
• City of Irvine, 2045 General Plan Update. GIS/Graphics. Randy is a GIS/Graphics expert for the 2045 General Plan Update involving updates to several elements, including Land Use, Circulation, Open Space, Safety, Noise and a new Environmental Protection and Climate element. Randy created the graphics for the reports, and performed spatial analysis to determine evacuation route vulnerabilities, inventory site characteristics, and natural hazard susceptibilities.
• City of Coronado , Housing Element, Land Use Element Update, and Environmental Assessment. GIS/Graphics. This project involved the successful completion of the Housing Element Update (HEU), General Plan Amendment, and Program Environmental Impact Report (PEIR) for the City of Coronado, finalized in June 2023. Randy helped map land use boundaries and overlays for each focus area and assisted with database design and organization. The project was completed on time and within the City’s budget, successfully meeting HCD’s requirements.
• City of Watsonville, Climate Action and Adaptation Plan. Lead GIS Analyst. Harris developed the Climate Action and Adaptation Plan, which included greenhouse gas reduction measures and supporting efforts to achieve the Senate Bill 32 target of 40 percent below 1990 levels and the City’s ambitious net-negative goal by 2030. The plan also included sections on adaptation and resilience to support the City’s sustainability efforts. Randy created a web page using native ESRI apps in ArcGIS Online. The web page is a summation and easily digestible version of the of the detailed CAAP report created by the analysts. • City of Watsonville, Local Hazard Mitigation Plan. GIS Analyst. Harris prepared the City’s first Local Hazard Mitigation Plan, which assessed the City’s risk associated with natural hazards, including the City’s exposure to climate change-induced hazards, such as extreme heat and sea-level rise. Randy supported the team’s geo-spatial analyses, risk and vulnerability assessments for Hazards of Concern using ArcGIS. He developed map templates and geospatial data management systems for hazard and vulnerability data layers. He also developed an on-line web-portal concept for the City.
• City of Soledad, Water and Sanitary Sewer Master Plans. GIS Analyst. This project included mapping the City’s existing infrastructure on a large poster-sized map to provide the City with a visual representation of their water and sewer utilities. This map was also used for the City’s emergency response team, providing addresses and emergency access points. Randy helped with creating a complete GIS database using spatial analysis tools to fill in attribute gaps using publicly available GIS data-layers. He helped with the map’s design and worked with the City’s staff to refine the data and map with their institutional knowledge.
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 30
EDUCATION
BS, Civil Engineering
REGISTRATION
Professional Engineer (Traffic), CA
License No. 2660
Institute of Transportation
Engineers, San Diego - President
Phuong Nguyen, PE
SENIOR TRANSPORTATION ENGINEER
Phuong Nguyen has over 15 years of experience in providing traffic engineering services. He has managed and led services including a broad range of areas including parking plans, traffic operations, micro-simulation, Vehicle Miles Traveled mitigation strategies, and transportation impact analysis to operations related to conceptual engineering. Phuong’s extensive experience has given him the technical expertise to create new analysis and tools to advance modeling, visualization, and analysis related to traffic engineering and operations.
RELEVANT EXPERIENCE
• City of El Centro, Transportation Study Guidelines. Senior Transportation Engineer. CRA assisted the City of El Centro with developing Transportation Study Guidelines (TSG) to be consistent with SB 743. The City of El Centro’s TSG is a comprehensive manual for conducting both CEQA impact analysis (based on VMT) and non-CEQA Local Mobility Analysis (LMA) for both discretionary and ministerial projects. The City of El Centro TSG includes screening criteria and thresholds for different project types. A custom screening tool is also being developed based on ICTM’s regional transportation model. The LMA portion of the TSG verifies that projects do not create a detrimental effect to the surrounding transportation network, and that they maintain consistency with the City of El Centro General Plan. • City of Vista, Traffic Engineering On-Call. Task Order Manager. Over the past twenty years, staff at CRA have assisted the City of Vista in a variety of traffic engineering assessments.
Assignments have included HSIP projects, traffic impact analyses of new development proposals, peer review, roadway speed studies, parking assessments, roadway operational and circulation studies, interchange improvements, traffic calming, and roadway design standards.
CRA also participated in City Council/Planning Commission briefings and presentations.
Today, we continue to provide and communicate our expertise with the City as a trusted and reliable resource.
• City of San Marcos, On-Call Traffic Engineering and Support Services. Task Order Manager.
CRA is providing the City of San Marcos with a variety of traffic engineering services. Task orders under this contract closely resemble those anticipated for the City of San Marcos, including the preparation and peer review of traffic studies and operational analyses, signal timing update, adaptive signal pilot program, Transportation Management Center construction management, cycle track feasibility studies and alternatives development, cost estimates, ITS evaluations, safety analysis and countermeasure development, traffic calming evaluation and design, traffic engineering standards and guidelines development and manual updates, grant writing, plan checks, traffic calming guideline, Transportation Demand Management ordinance evaluation, staff report preparation and presentation to the Traffic Commission and City Council.
• County of San Diego, SB-743 Implementation Plan. Senior Transportation Engineer. CRA and the project team assisted the County of San Diego in developing the framework for implementing their recently adopted SB 743 guidelines. The Framework plan consisted of refinements to their draft guidelines, public outreach, and the adoption (June 24, 2020) of the final County of San Diego Transportation Study Guidelines (TSG). CRA participated in public meetings, briefed County directors, conducted fiscal analyses on the impact of the new guidelines and helped to respond to public comments on the Draft TSG. CRA also worked with County staff to refine the thresholds and requirements included in both the CEQA and Local Mobility Assessment (LMA) portions of the Guidelines. These refinements were made in conjunction with an evaluation of the County’s Current Transport Impact Fee (TIF) Program, so that the two can work together seamlessly in the future.
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 31
EDUCATION
MS, Civil Engineering
BS, Civil Engineering
REGISTRATION
Professional Engineer (Civil), CA,
License No. 91776
Professional Engineer (Traffic), CA,
License No. 2957
CERTIFICATIONS
Professional Traffic Operations
Engineer, Certificate No. 5042
Institute of Transportation
Engineers
Jonathan Sanchez, PE, TE, PTOE
TRANSPORTATION ENGINEER
Jonathan Sanchez has ten years of experience as a traffic engineer, serving both public and private clients in Southern California. He has experience as a project manager or task order manager for projects including traffic engineering design plans, conceptual design, traffic impact studies, traffic operations assessments, collision analyses, corridor studies, and multimodal analyses.
Jonathan has proficiency in transportation planning and traffic engineering analysis software such as VISSIM, Synchro, Traffix, VISTRO, Highway Capacity Software (HCS), and GIS. He also is an expert with Big Data, including use of CRA’s Replica subscription.
RELEVANT EXPERIENCE
• City of El Centro, General Plan Update. Traffic Engineer. CRA assisted the City of El Centro with its General Plan, Mobility and Environmental Justice Element Update. The Update sought to improve the livability, sustainability, and connectivity of the residents of El Centro. Jonathan supported the development of the Existing Conditions Report, which summarizes the existing transportation network and its operational conditions for pedestrians, bicycles, public transit, and roadways within El Centro.
• City of El Centro, Transportation Study Guidelines. Transportation Engineer. CRA assisted the City of El Centro with developing Transportation Study Guidelines (TSG) to be consistent with SB 743. The City of El Centro’s TSG is a comprehensive manual for conducting both CEQA impact analysis (based on VMT) and non-CEQA Local Mobility Analysis (LMA) for both discretionary and ministerial projects. The City of El Centro TSG includes screening criteria and thresholds for different project types. A custom screening tool is also being developed based on ICTM’s regional transportation model. The LMA portion of the TSG verifies that projects do not create a detrimental effect to the surrounding transportation network, and that they maintain consistency with the City of El Centro General Plan. • City of San Marcos, On-Call Traffic Engineering and Support Services. Task Order Manager.
CRA is providing the City of San Marcos with a variety of traffic engineering services.
Task orders under this contract include the preparation and peer review of traffic studies and operational analyses, cycle track feasibility studies and alternatives development, cost estimates, ITS evaluations, safety analysis and countermeasure development, traffic calming evaluation and design, traffic engineering standards and guidelines development and manual updates, grant writing, plan checks, staff report preparation and presentations to the Traffic Commission and City Council.
• County of San Diego Department of Parks and Recreation (DPR), As-Needed Environmental Services. Lead Transportation Engineer. CRA provided traffic engineering services to the County of San Diego for various projects such as: Alpine Community Park, Santa Ysabel Nature Center, and Lakeside Equestrian Facility. CRA prepared both a Local Mobility Analysis (LMA) report and a vehicle miles traveled analysis (VMT) report for each of the projects mentioned above, documenting the mobility operations as well as any transportation related impacts associated with VMT, respectively.
• City of Imperial, SR-86 Vision Blueprint and Complete Streets Implementation.
Transportation Engineer. CRA is creating a Complete Streets vision for SR 86 in Imperial, transforming the two-lane road into a pedestrian-friendly space with dedicated paths for cyclists. This initiative aims to enhance economic development, promote Imperial as a destination, and improve community accessibility to the fairgrounds. As part of the project, CRA is organizing public events and workshops to communicate the benefits of Complete Streets, traffic calming tools, and design elements like placemaking and gateway features. The final SR 86 Vision Blueprint will include construction drawings.
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 32
5. FEE SCHEDULE AND COST ESTIMATES
• Full cost breakdown is included at the end of this document.
TASKS COST
Task 1 - Project Initiation $5,542.00
Task 2 - Draft Noise, Open Space/Conservation, Safety Elements $131,263.00 Task 3 - CEQA Documentation $18,247.00
Task 4 - Implementation Plan and Adoption $25,406.00
Task 5 - Project Management and Meetings $19,540.00
Total $199,998.00
Harris & Associates, Inc. B. CONSULTANT QUALIFICATIONS 33 CITY OF IRVINE | IRVINE, CA
Staff + Roles: Darin Neufeld, Sustainability Director, Randy Deodat, GIS Specialist; Sharon Toland, Technical Specialist; Sydnie Margallo, Environmental and Sustainability Planner Type of Work: General Plan and Housing Element update, with emphasis on noise mitigation, land use, and open space conservation policy development.
Implementation Results or Status: 2021 - 2025
Client Contact: Marika Poynter, [email protected], 949.724.6456 CITY OF VICTORVILLE | VICTORVILLE, CA
Staff + Roles: Darin Neufeld, Project Director; Kelsey Hawkins, AGHG/Noise and CEQA Analyst; Lindsey Messner, Technical Editor; Randy Deodat, GIS Specialist; Sharon Toland, AQ/GHG/Noise Analyst
Type of Work: General Plan Update.
Implementation Results or Status: 2020 - 2023
Client Contact: Scott Webb, Deputy City Manager, swebb@ victorvilleca.gov, 760.955.5135 COUNTY OF MONTEREY | MONTEREY, CA
Staff + Roles: Ryan Binns, Principal-in-Charge; Darin Neufeld, Project Director; Kelsey Hawkins, Project Manager; Leona Vander Molen, Technical Editor; Lindsey Messner, Technical Editor; Matthew Dornbach, GIS Analyst; Randy Deodat, GIS Analyst; Sharon Toland, AQ/GHG/Noise Analyst
Type of Work: On-Call Planning and Environmental Support Services.
Implementation Results or Status: Project currently ongoing.
Client Contact: Melanie Beretti, Chief Planner, [email protected], 831-755-5285
6. REFERENCES
CITY OF SANTEE| SANTEE, CA
Staff + Roles: Kelsey Hawkins, Project Manager; Darin Neufeld, Project Director; Lindsey Messner, Technical Editor; Randy Deodat, GIS Analyst; Sydnie Margallo, Environmental and Sustainability Planner
Type of Work: Safety and Environmental Justice Element.
Implementation Results or Status: 2020-2022
Client Contact: Sandi Sawa, Director of Planning and Building, [email protected], 619.258.4100 x256
Harris & Associates, Inc. C. Appendix 34
CONTRACT & INSURANCE
C. APPENDIX
To satisfy the requirements of the City of El Centro’s RFP for the Noise, Open Space/Conservation, and Safety Element Update, we will submit the following critical documents. The Levine Act Certification affirms compliance with California Government Code Section 84308 relating to political contributions and transparency in public contracting. The Conflict of Interest Disclosure details any financial interests to help maintain the integrity of project decisions. The Insurance Certificates cover general liability, automobile liability, professional liability, and workers’ compensation at specified amounts, accompanied by endorsements confirming the City as an additional insured party and documentation for waivers of subrogation. Other required attachments include a signed submission certification, proposer identification, non-collusion declaration, and references. These forms and certifications demonstrate our commitment to full regulatory compliance, transparency, and ethical standards in all project phase.
Harris & Associates has reviewed the draft agreement provided as part of the RFP. We have included proposed edits to specific terms within the contract to ensure clarity, consistency with industry standards, and alignment with our internal risk management practices.
These proposed modifications are intended to facilitate a mutual understanding of roles, responsibilities, and expectations, while maintaining the integrity of the original agreement. We believe these adjustments support a collaborative and successful working relationship.
All proposed changes are presented in the following pages for your review and consideration. We are open to further discussion and collaboration to arrive at mutually agreeable contract terms.
Harris & Associates, Inc. C. Appendix 35
07/2024/cdz/Professional ServicesAgreement/nondesign 1
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”), is made and effective as of [Date], between the City of El Centro ("City"), a municipal corporation, and [Name] (“Consultant”), a [sole proprietorship, partnership, limited liability partnership, corporation]. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
I. TERM
This Agreement shall commence on [Date] and shall remain and continue in effect until all Tasks described herein are completed, but in no event later than [Date] unless sooner terminated pursuant to the provisions of this Agreement. All days set out in this Agreement are calendar days unless otherwise provided.
II. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full (the Tasks to be Performed or Tasks). Consultant shall complete the Tasks according to the schedule of performance which also is set forth in Exhibit A. To the extent that Exhibit A is a proposal from Consultant, such proposal is incorporated only for the description of the scope of services and no other terms and conditions from any such proposal shall apply to this Agreement unless specifically agreed to in writing.
III. PERFORMANCE BY CONSULTANT
A. Consultant shall at all times faithfully, competently, and to the best of their ability, experience, and talent, perform all Tasks. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
B. Consultant immediately shall notify the City Representative in writing of any delay in completion of the services. Such notice shall include the reason for such delay and a reasonable estimate of the length of the delay. If the delay materially effects performance of the Services, the City may terminate this Agreement under Section VI (Termination) or VII (Default).
C. Force Majeure. If delays in performance of the services are caused by the following unforeseen events or conditions beyond the reasonable control of City or Consultant, the time for performance may be extended by City only for the period of such events: war, changes in law or government regulation, labor disputes or strikes; fires, floods, adverse weather or other natural conditions preventing work; or inability to obtains materials, equipment or labor when the Consultant provides the City with timely evidence of its inability to obtain personnel.
Harris & Associates, Inc. C. Appendix 36
07/2024/cdz/Professional ServicesAgreement/nondesign 2
D. Consultant may terminate this Agreement without cause upon providing at least 60 days prior written notice to the City of such termination. Within such time period, the Consultant shall complete any work necessary for the orderly termination of its consulting services
IV. CITY REPRESENTATIVE
City’s [Title] shall represent City in all matters pertaining to the administration of this Agreement, review and approve all products submitted by Consultant, but not including the authority to change the compensation due to Consultant except as provided in this Agreement (the “City Representative”)
V. PAYMENT
A. The City agrees to pay Consultant in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed dollars ($ .00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City. Consultant shall be compensated for any such authorized additional services in the amounts and in the manner as agreed to by the City and Consultant at the time City's written authorization is given to Consultant for the performance of such services and/or as set for in Exhibit B.
C. Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. City shall use reasonable efforts to pay within forty-five (45) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees, it shall use its best efforts to give written notice to Consultant within forty-five (45) days of receipt of an invoice of any disputed fees set forth on the invoice.
D. It is understood and agreed that the City’s obligation to proceed under this Agreement is conditioned upon the appropriation of funds. If anticipated funds for payment under this Agreement are not forthcoming or are insufficient, the City shall have the right to terminate this Agreement without penalty upon ten (10) days prior written notice to Consultant. Notwithstanding, the City also may determine a source of additional funds.
Harris & Associates, Inc. C. Appendix 37
07/2024/cdz/Professional ServicesAgreement/nondesign 3
VI. CITY’S SUSPENSION OR TERMINATION OF AGREEMENT
A. Except as otherwise provided herein below, the City may suspend or terminate this Agreement, or any portion hereof, without cause and for convenience by serving written notice of termination upon the other party at least ten (10) calendar days prior to the date of termination. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City terminates a portion of this Agreement, such termination shall not make void or invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, less any disputed amounts. Upon termination of the Agreement pursuant to this section, the Consultant will submit an invoice to the City as provided above.
VII. DEFAULT
A. Either Party’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that either party is in default for cause under the terms of this Agreement, the affected party shall promptly notify the deficient party of such default and following such notice shall have no obligation or duty to continue compensating or providing any work after the date of default and terminate this Agreement immediately by written notice to the other party. If such failure hereunder arises out of causes beyond either party’s control under Section III C above (force majeure), the provisions of that sub-section shall apply.
B. If the City Representative determines the Consultant is in default in the performance of any of the terms or conditions of this Agreement, City shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service of default to cure the default as directed by the City in the notice of default. In the event the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
VIII. OWNERSHIP OF DOCUMENTS
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the City at reasonable times to such books and records; shall give City the right to examine and audit said
Harris & Associates, Inc. C. Appendix 38
07/2024/cdz/Professional ServicesAgreement/nondesign 4
books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files.
Consultant hereby grants to City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Consultant in the course of providing the services under this Agreement.
IX. INDEMNIFICATION AND DEFENSE
A. Indemnification: To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency and any and all of its officials, employees, agents, and/or authorized volunteers (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this Agreement. Consultant’s duty to indemnify and hold harmless Agency shall not extend to the Agency’s sole or active negligence or willful misconduct.
B. Duty to defend
In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by Agency, Consultant shall defend the Indemnified Parties at Consultant’s cost or at Agency’s option, to reimburse Agency for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by Agency is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and Agency, as to whether liability arises from the sole or active negligence or willful misconduct of the Agency or its officers, employees, or agents, Consultant will be obligated to pay for Agency’s defense until such time as a final judgment has been entered adjudicating the Indemnified Parties as solely or actively negligent or to have acted with willful misconduct. Consultant will not be entitled in the absence
Harris & Associates, Inc. C. Appendix 39
07/2024/cdz/Professional ServicesAgreement/nondesign 5
of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.
X. INDEPENDENT CONTRACTOR
A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
XII. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached hereto and incorporated herein by this reference as though set forth in full.
XIII. LEGAL RESPONSIBILITIES
a. The Consultant shall keep itself informed of local, state, and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement.
The Consultant shall at all times observe and comply with all such laws and regulations. The City, its officers, agents and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
b. Licenses. At all times during the term of this Agreement, Consultant shall have in effect all licenses required for the performance of the services described in this Agreement.
c. City Business License: At all time during the term of this Agreement, Consultant shall have in effect a City business license. d. Non-discrimination. Consultant shall not discriminate on the basis of any
Harris & Associates, Inc. C. Appendix 40
07/2024/cdz/Professional ServicesAgreement/nondesign 6
protected state or federal class or association with such class in its solicitation, selection, hiring or treatment of its employees, vendors or suppliers. Consultant understands that violation of this requirement shall be a material breach of this Agreement and may result in its termination, debarment or other sanctions. This requirement shall be placed in all agreements between the Consultant and its employees, vendors and suppliers.
e. Drug-free Workplace. Consultant agrees to insure a drug free workplace. The Consultant shall certify to the City that it will provide a drug-free workplace by submitting a Consultant Certification for a Drug-Free Workplace form as provided by the City. The Consultant shall publish a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the workplace, and specifying the actions that will be taken against employees for violations of the prohibition. The Consultant also shall establish a drug-free awareness program to inform employees about all of the following: the dangers of drug abuse in the workplace; the policy of maintaining a drug free workplace; available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug abuse violations. In addition, the Consultant shall post the drug free policy in a prominent place. f. No Use of City logo or Product Endorsement. The Consultant agrees that any advertisement or notification identifying or referring to the City as a client of the Consultant requires the prior written approval of the City. No City logo or other identifying mark may be used without the prior written approval of the City.
XIV. CONFLICTS OF INTEREST XX
a. Undue Influence. Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
b. No Benefit to City Employees. During their tenure and for one year thereafter, no officer or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the services under this Agreement shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the services performed under this Agreement. c. Consultant covenants that neither Consultant nor any officer or principal
Harris & Associates, Inc. C. Appendix 41
07/2024/cdz/Professional ServicesAgreement/nondesign 7
of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subconsultant. To the extent applicable, Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement. d. Form 700. Consultant is subject to all applicable federal, state and local conflict of interest laws, regulations and policies applicable to its contract with the City and procurement practices related to such contract, including but not limited to the those under the Political Reform Act and its regulations or California Government Code Section 1090 et seq.
Consultant may be required to complete Form 700’s or similar forms as determined under Exhibit D, attached and incorporated.
e. Levine Act Compliance. The Consultant shall complete and comply with the provisions of Exhibit E, attached and incorporated, regarding compliance with the Levine Act.
XV. RELEASE OF INFORMATION
a. Consultant shall keep in strict confidence all information, data, documents, and materials, whether oral, written, or electronic, that are designated as confidential or that a reasonable person would understand to be confidential (“Confidential Information”).
Consultant shall not disclose or use any Confidential Information for any purpose other than the performance of services under this Agreement without the prior written consent of the City.
Notwithstanding the foregoing, Consultant may disclose Confidential Information to the extent required by applicable law, regulation, court order, or subpoena, provided that Consultant gives the City prompt written notice of such requirement (to the extent legally permissible) and cooperates with the City, at the City’s expense, in seeking a protective order or other appropriate remedy. If such protective order or remedy is not obtained, Consultant shall disclose only that portion of the Confidential Information that it is legally required to disclose.
The obligations of confidentiality shall survive the termination or expiration of this Agreement.
a.b. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or Formatted
Harris & Associates, Inc. C. Appendix 42
07/2024/cdz/Professional ServicesAgreement/nondesign 8
subconsultants, shall not without prior written authorization from the City Attorney or designee, or unless requested by the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
b.c. Consultant promptly shall notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena
Commented
is outside wh
What I have
type of work
Harris & Associates, Inc. C. Appendix 43
07/2024/cdz/Professional ServicesAgreement/nondesign 9
from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City, unless the City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Consultant is prohibited by law from informing the City of such Discovery. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to Discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
XVI. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by: (i) personal service; (ii) delivery by a reputable document delivery service (e.g., Federal Express), which provides a receipt showing date and time of delivery; or (iii) United States mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To CITY: City of El Centro
1275 Main St.
El Centro, CA 92243
Attention: City Clerk
TO CONSULTANT: [NAME]
Attention: [NAME]
XVII. ASSIGNMENT
a. Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Due to the personal nature of the services to be rendered pursuant to this Agreement, only Consultant shall perform the services described in this Agreement.
b. Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide City with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant which shall include an indemnity provision identical to the one provided herein identifying City as an indemnified party, or an incorporation
Harris & Associates, Inc. C. Appendix 44
07/2024/cdz/Professional ServicesAgreement/nondesign 10 of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from City for such insurance. c. [Consultant Name] may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days’ notice prior to the departure of [Consultant Name] from Consultant's employ. Should [Consultant Name] leave Consultant's employ, the City shall have the option to immediately terminate this Agreement. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the Consultant.
XVIII. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City.
XIX. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, negotiations, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. a. No waiver or failure of either Party to insist upon the strict performance by the other shall be a continuing waiver of any breach of this Agreement, nor shall such waiver affect or alter this Agreement, and each provision hereof shall continue in full force and effect. No change to any term or condition of this Agreement, nor any verbal understanding of the Parties shall be valid unless in writing as set forth in this Agreement.
b. Nothing contained this Agreement shall be considered a limit upon the charter city powers of the City.
c. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in its drafting.
Harris & Associates, Inc. C. Appendix 45
07/2024/cdz/Professional ServicesAgreement/nondesign 11 d. In any conflict between the body of this Agreement and the Exhibits, the body of this Agreement shall control. If a conflict exists between any applicable law, rule, or regulation, that law, rule or regulation shall control. The most stringent requirements shall control. Each Party shall notify the other immediately upon identification of any apparently conflict or inconsistency.
XX. SEVERABILITY
Any part, provision, or representation of this Agreement or any of its exhibits, including, which is held to be invalid, void or unenforceable by a court of competent jurisdiction, shall be limited to that part, provision or representation and all other parts, provisions, or representations herein shall remain in full force and effect.
XXI. OPTIONAL WORK SCHEDULED/TIME OF COMPLETION – Liquidated Damages - City and Consultant agree that time is of the essence in this Agreement. City and Consultant further agree that Consultant's failure to perform on or at the times set forth in this Agreement will damage and injure City, but the extent of such damage and injury is difficult or speculative to ascertain. Consequently, City and Consultant agree that any failure to perform by Consultant at or within the times set forth herein shall result in liquidated damages of [Amount] dollars ($ .00) per day for each and every day such performance is late or delayed. City and Consultant agree that such sum is reasonable and fair. Furthermore, City and Consultant agree that this Agreement is subject to Government Code Section 53069.85 and that each party hereto is familiar with and understands the obligations of said section of the Government Code.
XXII. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of City's Request for Proposal and the contents of the proposal submitted by the Consultant, attached and incorporated as Exhibit F. In the event of conflict, the requirements of City's Request for Proposal and this Agreement shall take precedence over those contained in the Consultant's proposal. The incorporation of the Consultant’s proposal shall be for the scope of services to be provided only, and any other terms and conditions included in such proposal shall have no force and effect on this Agreement or the relationship between Consultant and/or City, unless expressly agreed to in writing.
Harris & Associates, Inc. C. Appendix 46
07/2024/cdz/Professional ServicesAgreement/nondesign 12 XXIII. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that they have the authority to execute this Agreement on behalf of the Consultant and have the authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
[Consultant Name]
By:
(Signature)
(Typed Name)
(Title)
[City Name]
A Municipal Corporation
City Representative or Governing Body
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
By:
Attachments: Exhibit A Tasks to Be Performed
Exhibit B Payment Schedule
Exhibit C Insurance Requirements
Exhibit D Conflict of Interest
Exhibit E Levine Act Certification
Exhibit F City RFP and
Consultant’s Proposal
Harris & Associates, Inc. C. Appendix 47
07/2024/cdz/Professional ServicesAgreement/nondesign 14
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of City, and prior to commencement of work and/or services under this Agreement, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance 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 must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work 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.
Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed 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 effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).
Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and authorized volunteers.
Umbrella or excess liability insurance. [If required to meet higher limits.]. Consultant shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer; • “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.
Harris & Associates, Inc. C. Appendix 48
07/2024/cdz/Professional ServicesAgreement/nondesign 15 Should Consultant obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.
Other provisions or requirements
Proof of insurance. Consultant shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter.
City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.
Primary/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 herein 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 benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.
City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and authorized volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives
Harris & Associates, Inc. C. Appendix 49
07/2024/cdz/Professional ServicesAgreement/nondesign 16 its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual 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.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended 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 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.
Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.
Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and authorized volunteers shall be additional insureds under such policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein 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.
Separation 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 claim 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.
Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the City,
Harris & Associates, Inc. C. Appendix 50
07/2024/cdz/Professional ServicesAgreement/nondesign 17 Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this Agreement. This provision does not relieve the Consultant of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the subcontractor.
Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to City for review.
City’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.
Self-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, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
Timely notice of claims. Consultant shall 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.
Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
Claims made: The following provisions shall apply if any of the required policies are written on a claims-made basis:
a. The Retroactive Date of the policy must be shown and must be before the date of the Agreement or the beginning of the contracted work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a Retroactive Date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels