Item #13. Page 78
Meeting Date: 9/24/2024 / Packet Page #: 2348
Task A - Design #1 Up/Down Lights Trees 69
Task B - 4 Crape Myrtles Trees 4
Task C - Cedar Tree - Hollow Spheres Trees 1
Task D - Pole Banners Poles 10
Task E - American Flags Flags 22
Storage, Lift Equipment & Contingency N/A N/A
Task A - Design #2 Spiral, Top to Bottom Trees 69
Task B - 4 Crape Myrtles Trees 4
Task C - Cedar Tree - Hollow Spheres Trees 1
Task D - Pole Banners Poles 10
Task E - American Flags Flags 22
Storage, Lift Equipment & Contingency N/A N/A
Design #1
Design #2
Item Description Unit of
Measure Design Quantity
Unit Price Extension Unit Price Extension
$1,043.48 $72,000.00 $1,150.00 $79,350.00
$425.00 $1,700.00 $345.00 $1,380.00
$14,500.00 $14,500.00 $6,258.00 $6,258.00
$75.00 $750.00 $150.00 $1,500.00
$50.00 $1,100.00 $75.00 $1,650.00
N/A N/A N/A N/A
Total $90,050.00 Total $90,138.00
$4,583.34 $275,000.40 $1,350.00 $93,150.00
$425.00 $1,700.00 $345.00 $1,380.00
$14,500.00 $14,500.00 $6,258.00 $6,258.00
$75.00 $750.00 $150.00 $1,500.00
$50.00 $1,100.00 $75.00 $1,650.00
N/A N/A N/A N/A
Total $293,050.40 Total $103,938.00
J. Orozco Enterprises, Inc. Los Angeles Christmas
Light Installers, Inc.
Item #13. Page 79
Meeting Date: 9/24/2024 / Packet Page #: 2349
STAFF REPORT
TO: Mayor and Council Members DATE: SEPTEMBER 24, 2024
FROM: Public Works DISTRICT(S): 2, 3
SUBJECT: Approve the Agreement for Contract Services with G. M. Sager Construction Company, Inc. for the Emergency Repair of Glendora Avenue from Ronwood Street to Mauna Loa Avenue for an amount not to exceed $188,725
RECOMMENDATION
That the City Council:
1. Approve the Agreement for Contract Services with G. M. Sager Construction Company, Inc. for the Emergency Repair of Glendora Avenue from Ronwood Street to Mauna Loa Avenue for an amount not to exceed $188,725;
2. Authorized the Public Works Director to execute any necessary contingency in an amount not to exceed ten percent (10%) of the original contract amount; and
3. Authorize the City Manager to execute the Agreement.
STRATEGIC FOCUS AREAS
Goal 5: Improve and Maintain the City’s Infrastructure and Facilities (IMCIF)
EXECUTIVE SUMMARY
The pavement on the segment of Glendora Avenue from Ronwood Street to Mauna Loa Avenue had deteriorated to the point of failure. The failure of the pavement in this section resulted in numerous claims for vehicular damage, including rims, tires, and suspension components. The conditions also presented a potential threat to public safety and required immediate action to address the issues.
G. M. Sager Construction Co., Inc. had previously worked with the City on other pavement projects. Staff reached out to see if they were available to perform the emergency work within the required timeframe and, if so, obtain a proposal. Upon receipt of the proposal, an emergency agreement was executed, and the pavement repairs were completed on September 20, 2024.
Staff recommends City Council approve the agreement with G. M. Sager Construction Co., Inc. for the emergency street repairs completed on Glendora Avenue from Ronwood Street to Mauna Loa Avenue.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Glendora Municipal Code (GMC) § 2.40.050 allows the City to authorize emergency procurement and further authorizes the finding of an “emergency” warranting immediate procurement in circumstances where there is a breakdown in machinery, facilities or essential services which requires the immediate procurement of goods, services, or construction to protect the public health, welfare, safety, property, or personal/confidential information.
Public Contract Code (PCC) § 22002(d) states that maintenance work, including the resurfacing of streets and highways at less than one inch, is not a “Public Project” subject to the bidding requirements therein.
Item #14. Page 1
Meeting Date: 9/24/2024 / Packet Page #: 2350
DISCUSSION
The City issued an RFP for professional engineering design services for water and street Improvements for Glendora Avenue from Gladstone Street to Route 66 on August 22, 2024. Design work is expected to be completed and construction is anticipated to begin in two to three years. Unfortunately, the pavement on the segment of Glendora Avenue from Ronwood Street to Mauna Loa Avenue had deteriorated to the point of failure and repairs could not be delayed until construction began on the larger project. The failure of the pavement in this section resulted in numerous claims for vehicular damage, including rims, tires, and suspension components. The conditions also presented a potential threat to public safety and required immediate action to address the issues.
Staff determined that the best way to address the immediate issues on this segment of Glendora Avenue was to rehabilitate the road by grinding the existing asphalt down one inch and overlaying new asphalt pavement on top to provide a fresh surface. The completion of this work allows for Glendora Avenue to continue serving the community while the larger project progresses through the design and bidding phases over the next few years. The one-inch grind and overlay work is considered maintenance by PCC § 22002(d)(3) and is therefore exempt from bidding requirements for public projects. In addition, GMC §
2.40.050 allows the City to authorize emergency procurement to protect public safety and property.
G. M. Sager Construction Co., Inc. had previously worked with the City on other pavement projects. Staff reached out to see if they were available to perform the emergency work within the required timeframe and, if so, obtain a proposal. Upon receipt of the proposal, an emergency agreement was executed, and the pavement repairs were completed on September 20, 2024.
Staff is recommending City Council consideration and approval of the agreement with G. M. Sager Construction Co., Inc. for the emergency street repairs completed on Glendora Avenue from Ronwood Street to Mauna Loa Avenue.
FISCAL IMPACT
The Adopted FY 2024/25 Mid-Cycle Budget includes sufficient funds for this project in the Gas Tax Fund in account 25570520-59100.
ENVIRONMENTAL DETERMINATION
This activity is not a “project” as defined by Section 21065 of the Public Resources Code or Sections 15060(c)(2), 15060(c)(3), and 15378 of the CEQA Guidelines Prepared By Paul Fisher, Business Services Manager
Concurs With Not Applicable
Reviewed By William Wittkopf, Public Works Director
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:
A. Agreement
Item #14. Page 2
Meeting Date: 9/24/2024 / Packet Page #: 2351
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF GLENDORA
and
G.M. SAGER CONSTRUCTION CO., INC.
for
GLENDORA AVENUE BETWEEN RONWOOD & BASE LINE
GRIND AND OVERLAY AT ONE INCH THICK
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Agreement – GM Sager (Emergency Paving Project – Glendora Ave., Between Ronwood St. and Base Line Rd.) 08.22.2024 1
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF GLENDORA AND
G.M. SAGER CONSTRUCTION CO., INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 22nd day of August, 2024, by and between the City of Glendora, a California municipal corporation (“City”) and G. M. SAGER CONSTRUCTION CO., INC., a California corporation (“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Glendora’s Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONTRACTOR
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Contractor’s Proposal.
The Scope of Service shall include the Contractor’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
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Agreement – GM Sager (Emergency Paving Project – Glendora Ave., Between Ronwood St. and Base Line Rd.) 08.22.2024 2
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Contractor shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subContractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subContractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
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Agreement – GM Sager (Emergency Paving Project – Glendora Ave., Between Ronwood St. and Base Line Rd.) 08.22.2024 3 (f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay. (h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ___________________
(Gary M. Sager, CEO)
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor Docusign Envelope ID: 7E8C7614-03B0-4A4D-BCC4-603DB3C1AF42 Item #14. Page 6
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Agreement – GM Sager (Emergency Paving Project – Glendora Ave., Between Ronwood St. and Base Line Rd.) 08.22.2024 4 has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the Contract Officer.
1.7 Care of Work.
The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.8 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $50,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $188,725 (One Hundred Docusign Envelope ID: 7E8C7614-03B0-4A4D-BCC4-603DB3C1AF42 Item #14. Page 7
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Agreement – GM Sager (Emergency Paving Project – Glendora Ave., Between Ronwood St. and Base Line Rd.) 08.22.2024 5 Eighty Eight Thousand Seven Hundred Twenty-Five Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Review and payment by City for any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
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Agreement – GM Sager (Emergency Paving Project – Glendora Ave., Between Ronwood St. and Base Line Rd.) 08.22.2024 6 Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City Manager may, at his/her sole discretion, extend the Term for one additional one-year period.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Gary M. Sager, Chief Executive Officer
Michael Sager, Secretary, Chief Financial Officer
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced Docusign Envelope ID: 7E8C7614-03B0-4A4D-BCC4-603DB3C1AF42 Item #14. Page 9
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Agreement – GM Sager (Emergency Paving Project – Glendora Ave., Between Ronwood St. and Base Line Rd.) 08.22.2024 7 by Contractor without the express written approval of City. Additionally, Contractor shall utilize only competent personnel to perform services pursuant to this Agreement. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the Public Works Director, or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein.
City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
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Agreement – GM Sager (Emergency Paving Project – Glendora Ave., Between Ronwood St. and Base Line Rd.) 08.22.2024 8 ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor 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. (a) General liability insurance. Contractor 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. (b) Automobile liability insurance. Contractor 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 Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Contractor 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 Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). (e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. 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 at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subContractors.
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Agreement – GM Sager (Emergency Paving Project – Glendora Ave., Between Ronwood St. and Base Line Rd.) 08.22.2024 9 (c) Primary/noncontributing. Coverage provided by Contractor 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 selfinsurance shall be called upon to protect it as a named insured. (d) 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 Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that 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 VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subContractors.
(g) Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) 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 Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (k) 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.
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Agreement – GM Sager (Emergency Paving Project – Glendora Ave., Between Ronwood St. and Base Line Rd.) 08.22.2024 10 (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’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.
(m) Pass through clause. Contractor agrees to ensure that its subContractors, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor 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. Contractor agrees that upon request, all agreements with Contractors, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’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 Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. (o) 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. Self-insurance will not be considered to comply with these specifications unless approved by City. (p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Contractor 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.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; Docusign Envelope ID: 7E8C7614-03B0-4A4D-BCC4-603DB3C1AF42 Item #14. Page 13
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Agreement – GM Sager (Emergency Paving Project – Glendora Ave., Between Ronwood St. and Base Line Rd.) 08.22.2024 11 (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
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Agreement – GM Sager (Emergency Paving Project – Glendora Ave., Between Ronwood St. and Base Line Rd.) 08.22.2024 12 All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment.
Contractor may retain copies of such documents for its own use. Contractor shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct.
(d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees Docusign Envelope ID: 7E8C7614-03B0-4A4D-BCC4-603DB3C1AF42 Item #14. Page 15
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District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default.
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
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Agreement – GM Sager (Emergency Paving Project – Glendora Ave., Between Ronwood St. and Base Line Rd.) 08.22.2024 14 In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees.
Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
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8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380, and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement.
Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
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Agreement – GM Sager (Emergency Paving Project – Glendora Ave., Between Ronwood St. and Base Line Rd.) 08.22.2024 16 The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Contractor’s Authorized Initials ___________________
(Gary M. Sager, CEO)
9.7 Authority.
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Agreement – GM Sager (Emergency Paving Project – Glendora Ave., Between Ronwood St. and Base Line Rd.) 08.22.2024 17 The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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Agreement – GM Sager (Emergency Paving Project – Glendora Ave., Between Ronwood St. and Base Line Rd.) 08.22.2024 18 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
City of Glendora, a municipal corporation
Adam Raymond
City Manager
APPROVED AS TO FORM: CERTIFY AVAILABILITY OF FUNDS:
ALESHIRE & WYNDER, LLP
Danny Aleshire
City Attorney
Kyle Johnson
Finance Director/City Treasurer
ATTEST:
Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:
G.M. SAGER CONSTRUCTION CO., INC.
Name: Gary M. Sager
Title: Chief Executive Officer
Email: [email protected]
Name: Michael Sager
Title: Secretary, Chief Financial Officer
Email: [email protected]
Address: 1380 S. East End Avenue, Pomona, CA 91766
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
Docusign Envelope ID: 7E8C7614-03B0-4A4D-BCC4-603DB3C1AF42 Aug 27, 2024 | 4:31 PM PDT
Aug 27, 2024 | 4:11 PM PDT
Aug 29, 2024 | 8:31 AM PDT
Item #14. Page 21
Meeting Date: 9/24/2024 / Packet Page #: 2370
A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Contractor will perform the following Services:
A. Consultant shall re-pave and improve Glendora Ave. from Ronwood St. to Base Line Rd., as detailed below
a. Grind 60,000 square feet of existing asphalt to a depth of 1” and haul off. b. Install 60,000 square feet of PG64-10 asphalt overlay at 1” thick. Compact to maximum density.
II. All work product is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.
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B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.
I. N/A
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C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall be compensated in a lump sum amount of $188,725 upon the completion of the services, and following the acceptance of same by the City.
II. The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all the work performed and the lump sum rate.
III. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
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D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all services timely in accordance with the following schedule:
Description Days to Perform Deadline Date
A. All Work 3 Working Days 18 Days Following
the Effective Date
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
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Meeting Date: 9/24/2024 / Packet Page #: 2374
STAFF REPORT
TO: Mayor and Council Members DATE: SEPTEMBER 24, 2024
FROM: Recreation and Human Services DISTRICT(S): 3
SUBJECT: Approve an Agreement with Placeworks, Inc for CEQA Consultant Services for South Hills Bike Park in the amount of $137,908
RECOMMENDATION
That the City Council:
1. Approve an agreement with PlaceWorks, Inc for CEQA Consultant Services for South Hills Bike Park in the amount of $137,908;
2. Authorize change orders in a total amount not to exceed 20% or $27,582 for a total contract amount not to exceed $165,490; and
3. Authorize the City Manager or his designee to execute the agreement with PlaceWorks, Inc including minimal and/or non-substantive changes.
STRATEGIC FOCUS AREAS
Goal 5: Improve and Maintain the City’s Infrastructure and Facilities (IMCIF) Goal 7: Enhance Community Engagement and Presence (ECEP)
EXECUTIVE SUMMARY
The City Council is being asked to approve an agreement with PlaceWorks, Inc. for CEQA Consultant Services related to the South Hills Bike Park project, with a contract amount of $137,908. This agreement will facilitate the completion of the necessary CEQA requirements to advance the project.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On May 9, 2023, City Council approved a resolution approving the application for Land and Water Conservation Fund (LWCF) as it related to South Hills Bike Park Project.
In December 2023, California State Parks announced recommendations to the National Parks Service for $35.6 million in Land and Water Conservation Fund grants for 16 local park projects, which included the City of Glendora’s South Hills Bike Park Project.
On August 27, 2024, a South Hills Bike Park Project update was presented to City Council.
DISCUSSION
A Request for Proposals (RFP), to complete the next phase of CEQA requirements for the South Hills Bike Park Project, was issued to the City’s prequalified CEQA consultants on Monday, June 24, 2024.
The RFP was distributed to six consultants, with submissions due by 10:00 a.m. on July 16, 2024. The City received three proposals within this timeframe, with costs ranging from $97,065 to $141,152.
PlaceWorks, Inc was not the lowest bidder, but based on the proposals, scored the highest from three raters.
Item #15. Page 1
Meeting Date: 9/24/2024 / Packet Page #: 2375
Bidder Total Amount of Bid Average Score from Three Raters De Novo $97,065 87.33/100
PlaceWorks, Inc $137,908 95.33/100
Michael Baker $141,152 90.33/100
FISCAL IMPACT
There are sufficient funds available in FY2024-25 Mid-Cycle Budget in the Capital Projects Fund (301) Capital Improvement Fund, see tables below.
Budget
Description Account No. Project No. Amount
South Hills Bike Park (FY2023) 10100001.59990 5824103 $30,000 South Hills Bike Park (FY2024) 30100990.70000 5824103 $1,110,000 Total Budget $1,140,000
Expenditures Actual/Anticipated
Description Account No. Project No. Amount
Avid Trails (Conceptual Design) 101000001.59990 5824103 $29,380 Avid Trails (Schematic/DD & CD Design) 30100990.70000 5824103 $119,300 GIS Surveyors (Land Survey/Design) 30100990.70000 5824103 $63,000 Alta Planning + Design (Prelim Eng)** 30100990.70000 5824103 $125,450 Duke Cultural (Section 106 Compliance)** 30100990.70000 5824103 $13,860 IMEG (Geotechnical Report)** 30100990.70000 5824103 $43,120 PlaceWorks (CEQA Environ Review)^ 30100990.70000 5824103 $137,908 CEQA Environ Review Contingency^ 30100990.70000 5824103 $27,582 Total Actual/Anticipated** Expenditures $559,600
Remaining Budget $580,400
^Agreement for council consideration.
ENVIRONMENTAL DETERMINATION
There are no CEQA impacts with the recommendations in this report.
Prepared By Kelsey Fay, Management Analyst
Concurs With Not Applicable
Reviewed By John Aguirre, Recreation and Human Services Director Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:
A. Request for Proposal
B. Bid Proposal
C. Contract Services Agreement
Item #15. Page 2
Meeting Date: 9/24/2024 / Packet Page #: 2376
CITY OF GLENDORA (626) 914-8200
116 E. Foothill Boulevard, Glendora, California 91741
www.cityofglendora.org
Request for Proposals
Preparation of Initial Study
The City of Glendora is requesting proposals from companies listed on the City’s Pre-Qualified Consultants List to prepare an Initial Study and related documentation pursuant to the California Environmental Quality Act (CEQA). It is anticipated that the analysis will result in preparation of a Mitigated Negative Declaration.
1.0 BACKGROUND
The South Hill Bike Park Project is a City project to install a bike park and connecting trails throughout the South Hills Wilderness area. The South Hills Wilderness is approximately 318 acres, and there are several entrances into the area including Glendora Ave, Bonnie Cove Ave, and Mauna Loa Ave.
The area is predominantly zoned as Open Space – Natural Zone (OSN) GMC 21.06.050. The parcel identified by the City for a bike park and trails is currently zoned as Planned Redevelopment Zone (PR) in connection with the adjacent Heritage Oaks Senior Apartments. The General Plan designation is High Density Residential. Consequently, the bike and trails development will include a General Plan amendment and zone change.
The existing area is a 318 acre public-access park that has several trailheads and parking lots that serve hikers, bikers, and equestrian users. The park has a network of existing dirt roads that provide maintenance access for existing overhead power lines. On the West side of the park is a vacant flat pad of approximately one acre. This pad may have been a former dumping ground and is devoid of tall trees and most vegetation. To the east of the core bike park area, fairly steep side slopes lead into the site, making them an ideal location for downhill mountain bike trails. Two downhill bike-only trails are planned for the area, with a multi-directional “pedal up” trail to provide access. There will also be a longer “cross country” style trail that is planned to ring the entire wilderness area. This is planned to be approximately 6 miles and will be multi-use and bi-directional.
The park will include a re-graded access road off of Glendora Avenue that is designed to meet the design requirements for fire and emergency vehicle access. The site will include a total of 24 parking spots with 1 ADA space. 17 spots will be in the core bike park parking lot, while 7 will be parallel parking spaces on the west side of the access road.
The construction of the trails will have minimal disturbance and impact to the existing landscaping. A trail head is to be a 36”-48” wide full bench cut trail, constructed out of native soils. All treads will use native soils, with some onsite borrow where needed for stabilization and occasional grading; intermittently rough; sections of soft or unstable tread on grades <5% may be present, but not common.
A schematic design is attached as Attachment A for additional information.
The project will require a public hearing before the Planning Commission and the City Council.
Item #15. Page 3
Meeting Date: 9/24/2024 / Packet Page #: 2377
PRIDE OF THE FOOTHILLS
2.0 TENTATIVE SCHEDULE
To be determined by the selected CEQA consultant.
3.0 QUALIFICATION SUBMISSION
Only electronic submittals will be accepted (in pdf format) via email to [email protected] and must be received no later than 10:00 a.m. on Tuesday, July 16, 2024.
The cost schedule shall be submitted as a separate attachment to the proposal. It is the respondent’s responsibility to ensure that the electronic submittal is received.
4.0 SCOPE OF WORK
Proposals must address the following tasks to be completed by the consultant.
Task 1: Kickoff Meeting
The consultant will attend a project kickoff meeting with City staff via Zoom or Microsoft Teams.
Task 2: Review of Existing Studies
The City has obtained a schematic design for the bike park. The City is currently in the process of obtaining preliminary engineering, geotechnical, and section 106 studies prepared by outside consultants. These studies will need to be reviewed and incorporated into the initial study by the selected consultant.
Task 3a: Technical Analyses
The consultant will perform any additional technical studies and analyses as may be necessary to support preparation of the Initial Study.
Deliverable:
• Technical analyses/studies to be provided as part of the Initial Study and/or as appendices to the Initial Study
Task 3b: Native American Consultation
Multiple tribal contacts will be notified. One tribe will likely request a meeting and should be planned for in the timeline. City staff must initiate request for consultation prior to CEQA start as required by state law. *Note that City would like most work related to this consultation to be done by selected team and included in the requested RFP.
Task 4: Administrative Draft Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring Program
Item #15. Page 4
Meeting Date: 9/24/2024 / Packet Page #: 2378
PRIDE OF THE FOOTHILLS
Utilizing the studies provided under Task 2 and prepared under Task 3, the consultant will prepare an administrative draft Initial Study pursuant to the requirements of the Public Resources Code and State CEQA Guidelines. Based on the results of the Initial Study, the consultant will prepare the appropriate environmental document, anticipated to be a Mitigated Negative Declaration. If mitigation measures are identified, the consultant will prepare an administrative draft Mitigation Monitoring Program.
Deliverable:
• One electronic copy in pdf format and one electronic copy in native format (to allow for editing) of the administrative draft Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring Program
Task 5: Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring Program The consultant will revise the administrative draft documents as necessary based on City staff review and comments.
Deliverable:
• Two hard copies, one electronic copy in pdf format, and one electronic copy in native format of the Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring Program Task 6: Public and Agency Review
The review will involve submittal to the State Clearing House (CEQAnet). Additionally, the consultant will assist in identifying any responsible agencies, including but not limited to the Los Angeles County Metro. The consultant will distribute the document to any identified responsible agencies, and any other agencies that may be appropriate.
The consultant will prepare the Notice of Intent to Adopt a Mitigated Negative Declaration, and Notices of Determination and Completion. City Staff will prepare public notices for newspaper publishing and mailing as required.
Consultant will review comments and prepare responses for the final CEQA document.
Deliverables:
• Notice of Intent to Adopt a Mitigated Negative Declaration. In the event and EIR is required, prepare appropriate documentation and noticing.
• Notices of Determination and Completion
• Documentation necessary for State Clearinghouse and responsible or trustee agencies as required.
• Preparation of responses to comments on the CEQA document Task 7: Public Hearings
Item #15. Page 5
Meeting Date: 9/24/2024 / Packet Page #: 2379
PRIDE OF THE FOOTHILLS
The consultant may be asked to attend up to two public hearings (Planning Commission and City Council) to answer any questions regarding the environmental document and the impacts analysis.
The consultant will also be expected to address any substantive comments or questions submitted during the public comment period or raised at the public hearings.
Proposal Requirements
Proposals must include the following:
1. Letter of transmittal, signed by an individual authorized to bind the consultant
2. General information about the consultant (e.g. size, location, years in business)
3. Identification of primary and alternate project managers (see “Assigned Representatives” section below for more information)
4. Qualifications of staff who will work on the project
5. Detailed description of the services to be provided, based on the tasks outlined above
6. Detailed project schedule showing beginning and end dates for each task and the overall project
7. Identification of any information or assistance required from City staff to accomplish each task, including any related timelines necessary to meet the project schedule
8. Description of the consultant’s approach to maintain communication with City staff
9. Discussion about any subcontractors the consultant proposes to use and, if so, information about the subcontractors related to items 2, 3, and 4 above
10.Compensation schedule including the following:
a. Cost for each task
b. Fee schedule including hourly rates for all key staff (and subcontractors if applicable) c. List of all reimbursable costs aside from staff
11.Statement of any requested exceptions to the standard Agreement for Services (see “Agreement for Services” section below for more information)
12.Any additional information deemed appropriate by the consultant Selection Criteria
City staff will evaluate each proposal received by the deadline based on the following criteria:
• Qualifications, background, and prior experience of the consultant • Technical approach and understanding of the work to be performed • Cost of services to be performed as compared with the level of effort to be expended • Schedule for overall project and time required for each task As part of the evaluation process, the City of Glendora may conduct interviews with those consultants whose proposal and qualifications are deemed to most closely match the requirements of the RFP.
Alternatively, the City may elect not to conduct interviews and to select a consultant based solely upon the strength of the written proposal. If the City elects to hold interviews, additional information about the interview process will be sent separately to those consultants selected for an interview.
The City will negotiate a contract with the most qualified firm with compensation that the City determines is fair and reasonable based upon the scope of work. Fee proposals from competing consultants may be used to assist City staff in determining a fair and reasonable compensation.
Item #15. Page 6
Meeting Date: 9/24/2024 / Packet Page #: 2380
PRIDE OF THE FOOTHILLS
Rights to Proposals
All proposals, upon submission to the City of Glendora, shall become the City’s property for its use as deemed appropriate. By submitting a proposal, the consultant covenants not to make any claim for or have any right to damages because of any misinterpretation or misunderstanding of the specification, or because of any misinformation or lack of information. Nothing contained in this RFP shall create any contractual relationship between the consultant and the City of Glendora. The City accepts no financial responsibility for costs incurred by any consultant in responding to this RFP. The City of Glendora has the following prerogatives with regard to proposals submitted:
• To accept or reject any or all proposals
• To award all or part of the project at its discretion • To adopt any or all parts of a proposal
• To utilize any or all ideas from proposals submitted
• To request additional information for the purposes of clarification • To correct any arithmetic errors in any or all proposals submitted • To change the deadline for submitting proposals upon appropriate notification to all consultants receiving the RFP
• To accept or negotiate any modifications to the scope and fee of any proposal following the deadline for receipt of all proposals and prior to contract award • To waive any irregularity or any non-conformity of proposals with this RFP, whether of a technical or substantive nature
Disclosure of Contents
All proposals accepted by the City shall become a matter of public record and shall be regarded as public, with the exception of those elements of each proposal that are identified by the consultant as business or trade secrets and plainly marked as “trade secret,” “confidential,” or “proprietary.” Each element of a proposal that the consultant desires not to be considered a public record must be clearly marked. Any blanket statement (i.e. regarding entire pages, documents, or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required under the California Public Records Act or otherwise by law (despite the consultant’s request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.
Agreement for Services
The consultant will enter into an Agreement for Services with the City of Glendora based upon the contents of the RFP and the consultant’s proposal. The City’s standard form of agreement is included as Attachment B. The consultant must include with the proposal a description of any exceptions requested to the standard contract. If there are no exceptions requested, a statement to that effect must be included in the proposal.
Insurance Requirements
Prior to executing an Agreement for Services, the consultant will be required to provide the City proof of the required insurance. Consultants are encouraged to contact their insurance carriers during the proposal stage to ensure that the insurance requirements can be met if selected. Insurance requirements are listed in Article 5 of the attached standard Agreement for Services.
Item #15. Page 7
Meeting Date: 9/24/2024 / Packet Page #: 2381
PRIDE OF THE FOOTHILLS
City Business License
A City of Glendora business license will be required for the consultant and any subcontractors.
Assigned Representatives
The City will assign a responsible representative to administer the contract, and to assist the consultant in obtaining information. The consultant also shall assign a responsible representative (project manager) and an alternate, who shall be identified in the proposal. The consultant’s representative will remain in responsible charge of the consultant’s duties from the notice to proceed through project completion.
If the consultant’s primary representative should be unable to continue with the project, then the alternate representative identified in the proposal shall become the project manager. The City’s representative shall first approve any substitution of representatives or subcontractors identified in the proposal in writing. The City reserves the right to review and approve/disapprove all key staff and subcontractor substitution or removal, and may consider such changes not approved to be a breach of contract.
Item #15. Page 8
Meeting Date: 9/24/2024 / Packet Page #: 2382
July 16, 2024
Kelsey Fay
Management Analyst
City of Glendora
Recreation & Human Services Department
116 E. Foothill Boulevard
Glendora, CA 91741
Subject: Proposal to provide CEQA Environmental Review Services for the Glendora South Hills Bike Park [P2024‐0631S]
Transmitted via Email: [email protected]
Dear Kelsey Fay:
The City of Glendora has a unique opportunity to transform South Hills Park, an existing public access park that consists mainly of dirt trails/roads, trailheads and parking lots that serve hikers, bikers and equestrian users into the South Hills Bike Park project, an exciting City project that includes a new bike park and an improved system of connecting trails throughout the South Hills Wilderness area. Plans for the project include downhill bike‐only trails, a multi‐directional “pedal up” trail, a longer “cross country” style multi‐ use and bi‐directional trail that is planned to ring the entire wilderness area, bicycle pump tracks, mountain bike jump trails, trail head improvements, stating and seating areas, a restroom facility, a re‐ graded access road off of Glendora Avenue, and improved parking areas.
The California Environmental Quality Act (CEQA) process to be undertaken for this project will encounter numerous technical considerations and demand a consultant team with proven experience and dedication to guide the project to success. As outlined in our proposal, PlaceWorks has committed a team who is ready to hit the ground running and is particularly well suited to leading this effort for the following reasons:
The PlaceWorks team has years of experience working on similar recreational development projects for various aspects of such projects, including environmental, planning and design, giving us an in‐depth understanding of the various opportunities and challenges that may arise through the CEQA, planning, and design processes.
Our PlaceWorks team is very familiar with the environmental issues facing similar recreation projects, having prepared CEQA and NEPA clearance and supporting technical studies for San Vincente Redwoods Public Access Plan (the project included construction and operation of a parking area and multiple use trail system in the San Vicente Redwoods) in the County of Santa Cruz, La Palma Park Improvements Project in the City of Anaheim, Artesia Botanical Garden Improvements Project in the City of Artesia, Stuart Park Improvements Project in the City of Beaumont, Oak Creek Park Expansion and Improvements Project in the City of Irvine, and Heritage Park Master Plan in the City of Irvine. Our planning and landscape architecture teams are very familiar with planning and designing similar bike pump track and trail projects, including work completed for Dirt World in the City of Richmond, Shields‐ Item #15. Page 9
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July 16, 2024 | Page 2
Reid Park in the City of Richmond California, and Jean Sweeney Open Space Park in the City of Alameda, all of which included similar bicycle amenities and facilities. Our proposed management team has the demonstrated ability to ensure project timelines while maintaining exceptional quality and high standards of defensibility, as proven through our past and recent CEQA efforts for private development projects in the city. Our environmental and technical teams are well versed and experienced in anticipating and responding to comments from the public and organized groups. We are adept at navigating such responses and keeping the project on track through the final hours of project approval.
As demonstrated in this proposal, the proposed project will be in the capable hands of a management, environmental and technical team that is familiar with environmental review for projects of this size and type. Addie Farrell, Principal, will serve as principal‐in‐charge and be responsible for overall strategic approach and quality control. Jorge Estrada, Senior Associate, will be the project manager and primary day‐to‐day contact for this assignment.
Addie and Jorge will be supported by PlaceWorks’ team of CEQA and technical experts, design and graphics team, and technical editing staff. They will also be supported by EPD Solutions for traffic and transportation and HANA Resources for biological resources, teaming partners with whom we have worked closely on many projects. We are confident this is the right team to deliver cost‐effective and high‐quality services
This proposal shall remain valid for a period of 90 days from the time of submittal. As a Principal, Addie Farrell is authorized to bind the team to the contents of this submittal and to negotiate contracts on behalf of PlaceWorks. If you have any questions, please contact me at 213.623.1443 x2119 or [email protected].
We look forward to working with you to bring about the successful completion of this project.
Respectfully submitted,
PLACEWORKS
Addie Farrell Jorge Estrada
Principal Senior Associate
Item #15. Page 10
Meeting Date: 9/24/2024 / Packet Page #: 2384
July 16, 2024 | Page 3
Firm Information
PlaceWorks is a 100% employee‐owned private consulting firm serving public, private‐sector, and nonprofit clients in the general fields of planning, design, and environmental services. For nearly 49 years, PlaceWorks has provided high quality services and products to our clients and their communities as part of our mission to help create great places. The vast majority of work this project will be performed from our offices in Santa Ana and Los Angeles with support from staff in other offices as needed.
PlaceWorks has over four decades of experience in environmental planning, with a long‐term perspective and technical expertise in shaping responses to the dynamic state and federal regulatory environment.
We have handled a wide range of project sizes and types, and our reputation is built on our consistent production of effective and defensible environmental documents.
Project Managers
ADDIE FARRELL | Principal, Environmental Services
Principal‐in‐Charge
Addie is a seasoned project manager of over 20 years’ experience who navigates the CEQA and NEPA processes for a wide range of project types, from remediation to recreation to entertainment to health care and beyond. She excels at providing her clients with strategic and holistic support, advising on a broad array of technical and strategic issues. Her dedication and professional style have brought her a number of complex and high‐profile projects that have earned awards from both AEP and APA. As the leader of PlaceWorks’ CEQA/NEPA practice for the Los Angeles region, she oversees environmental staff from our Los Angeles office, managing diverse in‐house and subconsultant teams. She oversees all aspects of the environmental process and ensures adherence to budget and scope. She pays keen attention to quality and detail and maintains that attention in the most challenging situations.
JORGE ESTRADA | Senior Associate
Project Manager
Jorge is an exceptionally diverse planner. His knowledge and experience encompass the public and private sector, project management and administration, and both environmental and community planning. He has a reputation for thorough, quality work; attention to detail; and client satisfaction. His work focuses spans a wide range of public‐ and private‐sector projects, from general plans and specific plans to small infill projects. He also provides in‐house Spanish translations for an array of environmental and planning‐related documents and materials.
JENNIFER KELLEY | Senior Associate, Air Quality, GHG and Energy NEPA Lead/Alternate Project Manager
Jennifer is a skilled environmental professional with over ten years of experience leading CEQA and NEPA analyses for development and infrastructure projects. Jennifer has managed CEs, MNDs, and EAs for mixed‐use, infill development projects from the proposal stage through entitlement, and served as a deputy project manager on large‐scale EIRs. Jennifer’s management expertise includes senior‐level review of documents; coordination with clients, subconsultants, and public agencies; keeping project schedules and budgets on track; and supervising analyses prepared by junior staff.
Item #15. Page 11
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July 16, 2024 | Page 4
Staff Qualifications
JOHN VANG | Senior Associate, Air Quality, GHG and Energy Air Quality/GHG/Energy Lead
John is a specialist on the air quality, greenhouse gas, and noise assessment team. His background and experience give him a solid foundation in quantitative and qualitative analysis—a valuable asset and indispensable to the assessment of environmental impacts. He completes and assists with technical analyses for a wide variety of projects—general plans and specific plans; schools; and developments with commercial, industrial, residential, and mixed uses. John was a beta‐tester for CalEEMod 2013, and he is proficient in the various modeling software for air quality, health risk, and noise technical studies.
CHRIS SHIELDS | Senior Associate, Noise & Vibration
Noise Lead
Chris possesses a strong background in noise control, noise propagation, frequency analysis and engineering practices, coupled with extensive noise synthesis computer‐modeling experience. His work experience includes the preparation of technical studies and related sections of CEQA and NEPA documents for commercial, industrial, residential, mixed‐use recreation, educational, infrastructure, and other development projects.
DINA EL CHAMMAS GASS PE, QSD | Senior Engineer
Hydrology/Water Quality Lead
Dina has been working in the field of sustainability, environmental engineering, and sustainable watershed management since the year 2000. She provides hydrology, water quality, and utility‐related technical support including third‐party peer reviews and the preparation of water supply assessments, written verifications of supply, and utility capacity reports. Dina also performs quantitative health risk assessments and pipeline safety hazard assessments. As a member of the CEQA team, Dina also processes, oversees, and manages CEQA related projects in the role of project manager or assistant project manager.
Understanding of the Project
PROJECT LOCATION AND EXISTING CONDITIONS
The area of improvement associated with the proposed project (project area) is located in the western end of the 318‐acre South Hills Wilderness, a 318‐acre public‐access park that has several dirt trails/roads, trailheads and parking lots that serve hikers, bikers, and equestrian users. The South Hills Wilderness, which is comprised of 19 parcels, is generally bounded by Interstate 210 (I‐210) to the south, State Route 66 to the north, Glendora Avenue to the west, and single‐family residences and open space to the east. The park has a network of existing dirt roads that provide maintenance access for existing overhead power lines and also serve as the primary trails in the park. Based on our review of the project materials and Google maps, the project area includes a vacant flat pad of approximately one acre, dirt access roads, gentle and steep hills, and various vegetation (ground cover, shrubs, and trees).
The South Hills Wilderness area is predominantly zoned as Open Space – Natural Zone (OSN). The parcel identified by the City for the proposed project, or the project area, is zoned as Planned Redevelopment Item #15. Page 12
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July 16, 2024 | Page 5
Zone (PR) in connection with the adjacent Heritage Oaks Senior Apartments. The General Plan designation of the project area is High Density Residential.
PROPOSED PROJECT
The South Hills Bike Park Project (proposed project) is a City‐initiated project as a result of public outreach that includes the development of a bike park and an improved system of connecting trails throughout the South Hills Wilderness area. The primary core of the bike park will be located on the west side of the South Hills Wilderness area on the approximately one‐acre vacant flat pad. Plans for the project include downhill bike‐only trails, a multi‐directional “pedal up” trail, a longer “cross country” style multi‐use and bi‐directional trail that is planned to ring the entire wilderness area, bicycle pump tracks, mountain bike jump trails, trail head improvements, stating and seating areas, a restroom facility, a re‐graded access road off of Glendora Avenue, and improved parking areas. Project implementation will require a general plan amendment and zone change.
Scope of Work
The following scope of work has been prepared in accordance with our approach and understanding of the project and CEQA, and it allows the City some flexibility and the most cost‐ and time‐efficient method to proceed with the preparation of an Initial Study and supporting technical studies that will support adoption of a Mitigated Negative Declaration. Our scope of work assumes that PlaceWorks and its subconsultant (HANA Resources and EPD Solutions) will provide comprehensive environmental and technical services. Our scope of work also assumes that PlaceWorks will be responsible for each step of the CEQA process. Specific tasks and roles of PlaceWorks, its subconsultant, and the City are detailed in the following work scope.
We will prepare all environmental and technical analysis and documentation to ensure that it complies with applicable provisions of state law and the City’s local guidelines for the preparation, evaluation, and processing of environmental documents in accordance with CEQA.
TASK 1. PROJECT INITIATION, MEETINGS, MANAGEMENT, AND COORDINATION During the course of the project, PlaceWorks staff time will be required to manage the PlaceWorks project team, manage the Initial Study and supporting technical studies preparation effort, and maintain constant, close communication with the City and the broader technical team. This task is intended to ensure that the project will be completed on time and within budget and that all work products are of the highest quality. PlaceWorks will coordinate the team’s work for the communication of issues, transmittal of comments, financial management, and other project management matters. This task is ongoing throughout the duration of the work effort.
1.1 Project Initiation and Kick‐off Meeting
The PlaceWorks management team will attend a kick‐off meeting with the City via video conferencing.
The kick‐off meeting will be to further PlaceWorks’ understanding of the project description, including goals, objectives, and anticipated approval process; discuss data needs and key project issues; clarify key drivers and constraints affecting project schedule, including near‐ and long‐term milestones; and establish team roles and communication protocols. Following the meeting, PlaceWorks will confirm the Item #15. Page 13
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CEQA schedule and distribute meeting notes with clearly defined action items, roles, and critical information needs.
Prior to or soon after the kick‐off meeting, PlaceWorks’ project manager or a supporting CEQA team member will conduct a visit to the project site. The purpose of the site visit will be to familiarize the PlaceWorks team with the conditions of the project site and surrounding area. PlaceWorks will collect general photo‐documentation of the site and document our site observations to provide the foundation of the environmental setting discussions in the Initial Study.
Deliverable(s):
» Kick‐off meeting attendance and meeting notes
» Site visit
1.2 Meetings and Hearings
Over the duration of the project schedule (approximately 8 to 10 months), our cost estimate assumes attendance/ participation by PlaceWorks’ principal‐in‐charge and/or project manager at project meetings with the City (via video/audio conferencing) as deemed necessary by City staff. This effort includes preparation for and attendance at the meetings. For budgeting purposes of this proposal, we assume attendance at up to two project meetings.
Per the RFP and if requested by the City, PlaceWorks’ principal‐in‐charge and/or project manager will attend up to two public hearings (Planning Commission and City Council) as part of the City’s approval process. Our team will serve as an extension of City staff and will answer questions raised regarding the environmental document and impact analyses, as directed by City staff.
Deliverable(s):
» Meeting and public hearing attendance and participation, as outlined above
1.3 Project Management and Coordination
Throughout the course of the project services to be provided, internal team management and coordination are necessary to ensure timely and consistent delivery of high‐quality services and work products. Project management responsibilities include task scheduling and assignment; management of resources; monitoring of costs and schedule adherence; management and coordination of subconsultants, including contract administration and accounting; consultation and coordination with local, regional, and state entities relative to the environmental review process; and coordination and communications with the City to ensure compliance with policies, procedures, and any applicable codes.
After the kick‐off meeting and once PlaceWorks has a better sense of the status of project and technical reports to be prepared for the project, PlaceWorks will prepare the project schedule to reflect our understanding and submit it to the City for review and concurrence. The schedule will be updated as necessary throughout the process.
Deliverable(s):
» Project management for the duration of the project schedule » Preparation of project schedule
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TASK 2. TECHNICAL STUDIES
City Provided. Based on our understanding and review of the RFP (including the City’s responses to questions submitted on the RFP) and project materials provided, the following technical plans and studies have been or will be prepared by the City’s design and technical consultants and will be available for our efforts.
Schematic plan set, including high quality site and landscape plans Civil, grading, utility, and drainage plans
Geotechnical Investigation
Section 106 Study – Cultural/Historical Resources Technical Report in compliance with Section 106 of the National Historic Preservation Act)
Preliminary Hydrology Study and Water Quality Management Plan For purposes of this proposal, the City‐provided technical plans and studies are assumed to be complete and contain all information necessary to adequately evaluate all aspects and impacts associated with the project. We will review the studies for CEQA adequacy and incorporate them into the Initial Study. Where appropriate, technical studies will be included as appendices to the Initial Study. For the Section 106 study, we will also review it for NEPA adequacy and incorporate it into the Categorical Exclusion, which is provided as an optional task in this proposal (see optional Task 7).
PlaceWorks Provided. PlaceWorks and its subconsultants HANA Resources and EPD Solutions will prepare the technical studies outlined in the following tasks to support the proposed project and preparation of the Initial Study. The technical studies will help set the basis for determining impacts in the Initial Study and will be included as appendices to the Initial Study.
Task 2.1 Air Quality, GHG, and Energy Analysis
PlaceWorks will prepare an air quality, energy, and greenhouse gas (GHG) emissions analysis to evaluate potential impacts from construction and operation of the proposed project. The analysis will be consistent with the current methodology of the South Coast Air Quality Management District (South Coast AQMD). Modeling of criteria air pollutant emissions and GHG emissions will be conducted using the latest California Emissions Estimator Model (CalEEMod). Mitigation measures to reduce potential impacts will be incorporated, as needed, to reduce potentially significant impacts of the project.
Construction Phase. PlaceWorks will quantify short‐term emissions generated from construction of the proposed project. The construction‐phase regional emissions forecast will be based on the construction schedule, including duration for each construction subphase, anticipated equipment for each subphase, and estimated demolition volumes and earthwork (if applicable), as provided by the City. Where information is unavailable, PlaceWorks will use CalEEMod defaults, as appropriate, and work with the City to develop the construction assumptions. Maximum daily construction emissions will be compared to the South Coast AQMD regional significance thresholds for construction. Localized air pollution impacts from construction equipment exhaust and fugitive dust will be compared to South Coast AQMD’s screening‐ level localized significance thresholds (LST) for their potential to elevate concentrations of air pollutants at the sensitive and non‐sensitive uses proximate to the project site. In addition, a summary of the potential health risk impacts associated with project‐related construction activities as evaluated in the Item #15. Page 15
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construction health risk assessment (HRA) (see Task 2.3) will be provided. If necessary, PlaceWorks will identify mitigation measures to reduce potentially significant project‐related construction impacts.
Operational Phase. The proposed project would generate criteria air pollutants and GHG emissions primarily from mobile source emissions (i.e., vehicle trips). PlaceWorks will quantify the increase in emissions associated with the proposed project. Modeling will be based on the increase in the weekday and weekend daily vehicle trip generation provided by the traffic engineer for the project at buildout.
Where information is unavailable, PlaceWorks will use CalEEMod defaults, as appropriate, and work with the City to develop operational assumptions. Total emissions from construction activities will be amortized into the GHG emissions inventory. Emissions will be compared to South Coast AQMD’s significance thresholds.
Other Air Quality Impacts. The South Coast Air Basin (SoCAB) is currently designated nonattainment under the National and/or California ambient air quality standards (AAQS) for ozone (O3), fine inhalable particulate matter (PM2.5), coarse inhalable particulate matter (PM10), and lead (Los Angeles County only).
South Coast AQMD has adopted air quality management plans (AQMPs) to ensure the SoCAB can attain the long‐term National and California AAQS. The analysis will include a consistency evaluation of the project’s regional emissions to South Coast AQMD’s AQMP. Furthermore, the SoCAB has been designated in attainment for carbon monoxide (CO) under both the California and National AAQS; therefore, the air quality analysis will include only a qualitative assessment of CO hotspots. PlaceWorks will also describe potential odor impacts qualitatively.
Project Consistency with Plans Adopted to Reduce GHG Emissions. PlaceWorks will provide a discussion on the GHG reduction goals of Senate Bill 32 (SB 32), Assembly Bill (AB) 1279, and SB 375. To achieve the GHG reduction targets SB 32 and AB 1279, the California Air Resources Board (CARB) adopted the 2022 Scoping Plan Update. In addition, the Southern California Association of Governments (SCAG) has adopted a regional transportation plan/sustainable communities strategy to ensure that the southern California region can attain the regional transportation‐related GHG reduction goals of SB 375.
PlaceWorks will provide a consistency analysis with these statewide and regional GHG emissions reduction strategies.
Energy. PlaceWorks will prepare an energy analysis to identify whether the proposed project would result in wasteful or inefficient use of energy in accordance with Appendix F of the CEQA Guidelines. As part of this analysis, we will provide an overview and review of the project’s consistency with the California Renewables Portfolio Standard Program.
Deliverable(s):
» Technical modeling data, to be included as an appendix to the Initial Study Task 2.2 Biological Resources Assessment
As subconsultant to PlaceWorks, HANA Resources will conduct the biological resources assessment needed to support the project and preparation of the Initial Study. HANA biologists will research readily available information, including relevant literature, databases, agency web sites, previously completed reports and management plans, Geographic Information Systems (GIS) data, maps, aerial imagery from public domain sources, and in‐house records to: 1) assess habitats, special‐status plant and wildlife Item #15. Page 16
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species, jurisdictional waters, critical habitats, and wildlife corridors that may occur in and near the project site, and 2) identify local or regional plans, policies, and regulations that may apply to the project.
Following the literature review, HANA biologists will conduct a reconnaissance‐level biological survey of the 318‐acre project site and a 500‐foot zone out from the project site. This survey area is referred to as the Biological Study Area (BSA). The survey will include the following:
Habitat assessment and plant community mapping
Riparian/riverine/vernal pools and fairy shrimp habitat assessment General plant survey
General wildlife survey
Step one burrowing owl habitat assessment survey
Jurisdictional assessment (this is not a delineation) Wildlife movement evaluation
The pedestrian surveys will be conducted during daylight hours and will cover all accessible areas of the BSA. Biologists will use binoculars from strategic vantage points whenever direct access is not possible.
Observations can also be made with aerial imagery for inaccessible areas. The biologists will characterize the existing habitat and search for the presence of sensitive plant communities, special‐status plants and wildlife, jurisdictional areas, and potential wildlife corridors.
Following completion of the reconnaissance‐level biological surveys, HANA will prepare a biological resources evaluation report that will summarize existing conditions; assess the potential presence of sensitive biological resources; analyze the potential impacts on those resources from project development; recommend, as appropriate, best management practices, avoidance and protection measures, and mitigation measures to avoid, eliminate and/or reduce environmental impacts to less than significant levels; and include an identification of biological permits or approvals that the project may require. The report will include methods and results of the literature review and field surveys; figures depicting the size and location of plant communities and other sensitive biological resources; a complete flora and fauna compendium; and site photographs. For budgeting purposes, HANA will respond to one round of review comments of the report.
Deliverable(s):
» Biological Resources Assessment Report, to be included as an appendix to the Initial Study Task 2.3 Construction Health Risk Assessment
Projects with construction activities proximate to sensitive land uses have the potential to expose sensitive individuals to elevated concentrations of toxic air contaminants, including diesel particulate matter (DPM). The nearest sensitive receptors to the project site are the Heritage Oaks Senior Apartments, which abut the project site’s northwestern boundary. Project development may include a considerable amount of on‐site earth movement, which could warrant heavy equipment that potentially generates substantive DPM emissions. PlaceWorks will prepare a construction health risk assessment (HRA) to analyze potential health risk impacts of project‐related construction activities to off‐site sensitive receptors. Construction‐related toxic air contaminants and particulate matter impacts will be evaluated based on the specific construction‐related characteristics (e.g., equipment use, construction phasing and Item #15. Page 17
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duration) of the project and proximity to off‐site sensitive receptors. The HRA will evaluate potential health risk and other applicable impacts from construction activities associated with the proposed project. Air dispersion modeling will be performed using a South Coast AQMD‐accepted computer‐based model (e.g., AERMOD) to determine ground‐level concentrations of hazardous air pollutants at the closest sensitive receptors. Cancer and toxicity data published by the California Environmental Protection Agency will be used to estimate health risks for off‐site sensitive receptors. If warranted, either additional or revised mitigation measures will be recommended to reduce fugitive dust and exhaust emissions.
Deliverable(s):
» Technical modeling data, to be included as an appendix to the Initial Study Task 2.4 Noise and Vibration Analysis
PlaceWorks will prepare the noise and vibration technical analyses to support the proposed project. The technical noise impact analysis will include a discussion of relevant standards and criteria for noise exposure, including those in the City of Glendora General Plan Noise Element and Municipal Code. The results of this analysis will be summarized in the Initial Study and technical modeling will be provided in an appendix.
Existing Conditions. The project site is adjacent to Interstate 210 and traffic noise is the dominant noise source for the project area. To characterize the existing conditions, traffic noise modeling will be conducted and based on Caltrans traffic volumes and truck fleet mix data for model inputs. Traffic noise modeling by PlaceWorks will take into consideration the location of existing roadways and noise sensitive receivers in the project vicinity. The results of the noise modeling will be incorporated into the Initial Study to establish existing conditions.
Transportation Noise. PlaceWorks will assess the potential in traffic noise levels along access roads (such as Glendora Avenue) and identify areas along roadway segments that would either be exposed to noise levels above established criteria or result in an increase of more than 3 dBA over the baseline levels.
Stationary Noise. Noise impacts from non‐transportation sources (bike park activities) will be evaluated and assessed based on local noise standards. PlaceWorks will analyze noise impacts from bike park activities on published data and based on our experience with other similar bike projects, and in terms of potential impacts to noise‐sensitive receptors in the immediate vicinity (Heritage Oaks Senior Apartments) and the noise limitations identified in the Glendora Municipal Code.
Construction Noise and Vibration. PlaceWorks will provide a quantitative analysis for potential construction impacts associated with implementation of the proposed project. Noise and vibration effects from demolition and construction activities will be estimated based on available construction information provided by the City, and the results will be discussed in terms of accepted local noise standards and the Federal Transit Administration guidance manual on vibration impacts. Feasible mitigation measures, if required, will be identified to minimize noise and vibration impacts associated with project. implementation.
Deliverable(s):
» Technical modeling data, to be included as an appendix to the Initial Study Item #15. Page 18
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Task 2.6 Traffic Analysis
As subconsultant to PlaceWorks, EPD Solutions, Inc. (EPD) will conduct the traffic analysis needed to support the project and preparation of the Initial Study. EPD prepared a preliminary trip generation analysis for the project and anticipates that the project will not be required to prepare a Vehicle Miles Traveled (VMT) analysis to evaluate transportation impacts under CEQA, as the facility is anticipated to meet one of the six criteria outlined in the City of Glendora’s adopted VMT Screening thresholds and therefore screen out of a VMT study. In addition, based on the City’s traffic guidelines, a level of service (LOS) traffic impact analysis (TIA) to evaluate non‐CEQA transportation impacts will not be required for the proposed project. EPD will undertake the following tasks in accordance with the requirements of City of Glendora CEQA Transportation Methodology Policy.
Trip Generation Analysis
EPD will prepare a trip generation analysis to estimate the number of daily, AM peak hour and PM peak hour trips generated by the project using appropriate rates. EPD will work on determining the most accurate trip rate for the proposed project, as the Institute of Transportation Engineers (ITE), Trip Generation, 11th Edition does not have a trip rate directly applicable to bike parks. EPD will utilize ITE parking manual and available empirical data from similar bike park studies to determine the most appropriate trip generation rates for the proposed project. A trip generation analysis will be prepared and utilized in the LOS and VMT Screening analyses.
LOS and VMT Analysis Screening Memorandum
EPD will prepare a technical memorandum evaluating the requirement to prepare a LOS TIA and VMT analysis. All of the City’s LOS and VMT screening criteria will be evaluated in the memorandum, which will be forwarded to the City for review. One revision to the memorandum will be prepared, if necessary, to respond to City or PlaceWorks comments.
Technical Project Management
Technical project management includes virtual attendance by EPD staff at coordination meetings, and research and coordination tasks that are not directly related to the above scope of work. This includes coordination for traffic‐related data needs to support PlaceWorks’ air quality and noise technical team.
This scope of work assumes up to two virtual meetings with PlaceWorks or the City, as deemed necessary.
Deliverable(s):
» Trip Generation and VMT Screening Analysis Memorandum, to be included as an appendix to the Initial Study
Task 2.7 Tribal Noticing and Consultation
As required by the CEQA Guidelines and because a general plan amendment is required for the proposed project, PlaceWorks will support the City with its Assembly Bill (AB) 52 and Senate Bill (SB) 18 tribal noticing and consultation process. PlaceWorks will assist the City in meeting these obligations by contacting the Native American Heritage Commission (NAHC) for a current list of affiliated tribes to the project area for SB 18 notification and will coordinate with the City to receive the list of tribes who have formally requested consultation per AB 52.
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In the same request sent to NAHC for the list of affiliated tribes, we will also request a Sacred Lands File (SLF) search. The purpose of the SLF is to alert agencies of the existence, but not the location, of Native American sacred sites in their projects' Areas of Potential Effects. Results of the SLF search, which we anticipate being negative, will be included in the Tribal Cultural Resources topical section of the Initial Study.
PlaceWorks will draft the template consultation letters on behalf of the City and submit them to City staff for review and use. City staff will print the final letters on City letterhead and mail the letters to the tribes (or email if that is the preferred method of delivery). In accordance with Public Resources Code Section 21080.3.1(b)(1), consultation is triggered by a tribe notifying the City in writing of its desire to consult.
Consultation (if requested by a tribe) must be initiated within 30 days of receiving the written request to consult from the tribe under AB 52, and within 45 days of receiving the written request to consult under SB 18. PlaceWorks’ principal‐in‐charge or project manager will attend the consultation meeting along with City staff, if requested by the City.
The findings and conclusions of the noticing and consultation process, including any mitigation measures received from the tribe(s), will be carried through to the Tribal Cultural Resources topical section of the Initial Study. The public draft Initial Study should not be released for public review until the consultation process has been completed.
Deliverable(s):
» NAHC response letter with list of tribes to contact and SLF determination » Draft and final AB 52/SB18 letters
TASK 3. PROJECT DESCRIPTION
A key element of our approach involves the development of a clear description of the proposed project. It is critical that the project description meets the requirements of CEQA for providing a clear, concise description of all project activities, while still allowing for some level of flexibility to develop final project details.
The project description should contain precise boundaries and location, a general description of the project characteristics and supporting public service facilities, and a statement briefly describing the intended uses of the Initial Study. It requires that the project description not supply extensive detail beyond that needed for evaluation and review of the environmental impacts. A logical, concise, and organized project description sets the tone and structure of the entire Initial Study and support technical studies and is essential to developing a robust and defensible Initial Study. To achieve these fundamental requirements, PlaceWorks will develop a comprehensive project description detailing each component of the project, providing clarity on the different phases of the project. A clear description of construction activities, phasing, and assumptions will be outlined such that they tie directly into the technical quantitative analyses.
We will work with the City and its team to prepare a thorough project description that addresses all important elements and activities of the project, which will form the foundation for the analysis to be undertaken in the Initial Study and all accompanying technical studies.
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PlaceWorks will submit the draft project description to the City for review. For budgeting purposes of this proposal, we assume up to two rounds of review of the project description by the City will be necessary.
The approved project description will be incorporated into the Initial Study.
Deliverable(s):
» Draft and final project description, in digital format (MS Word and PDF) TASK 4. INITIAL STUDY
Task 4.1 Administrative Draft Initial Study
Based on our review of the project materials provided and our understanding of CEQA, the existing site and area conditions, and the environmental issues associated with the project (i.e., potential air quality and noise impacts from extensive demolition, grading, and construction activities; potential impacts to biological and cultural resources), it is anticipated that environmental impacts identified can be mitigated to a level of less than significant. After the project description prepared under Task 3 has been approved by the City, PlaceWorks will prepare a comprehensive and robust Initial Study that will support adoption of a Mitigated Negative Declaration.
The administrative draft Initial Study will include a comprehensive project description and analyze each topical area of the CEQA Guidelines Appendix G checklist—aesthetics, agriculture and forestry resources, air quality, biological resources, cultural resources, energy, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation, tribal cultural resources, utilities and service systems, and wildfire. Various topical areas (e.g., air quality, greenhouse gas emissions, noise, traffic) will be supported by technical studies to be prepared/provided by the City or the PlaceWorks team (refer to Task 2). Findings will be clearly substantiated in the Initial Study for each topical area checklist question to conclude: (1) no impact, (2) impacts will be less than significant, or (3) impacts will be less than significant with mitigation incorporated.
The Initial Study will clearly identify and address all potential environmental issues facing the project. It will be clearly written and will avoid the use of technical jargon, to the extent possible, so that the document is easily understood. The existing conditions of the project site will be used to set the baseline for the environmental analysis. The Initial Study will be prepared in accordance with the requirements of CEQA (California Public Resources Code, Sections 21000 et seq.); the State CEQA Guidelines (California Code of Regulations, Sections 15000 et seq.); and the City’s established local guidelines for the preparation, evaluation, and processing of environmental documents.
PlaceWorks will also prepare a Mitigation Monitoring and Reporting Program (MMRP) based on mitigation measures identified in the Initial Study and pursuant to Section 21081.6 of the Public Resources Code. The MMRP will be defined by working with City staff to identify appropriate steps/procedures for monitoring such measures during project implementation. It will be in standard City format and will identify the significant impacts that would result from the project; proposed mitigation measures for each impact; the timing at which the measures will need to be conducted; the entity responsible for implementing the mitigation measure; and the City department or other agency responsible for monitoring the mitigation effort and ensuring its success. The completed MMRP will be incorporated into the Initial Study.
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The completed administrative draft Initial Study and MMRP will be submitted to the City for review and comment. Our proposed schedule and budget assume that a complete administrative document will be prepared for review and comment, which is more efficient than submitting completed sections incrementally. PlaceWorks’ project manager will meet with City staff to discuss and resolve any major areas of concern in the administrative draft, clarify areas of misunderstanding, etc. We will follow up with the City as necessary to respond to comments.
For budgeting purposes of this proposal and based on our experience with preparing CEQA documents for projects in Glendora, we assume up to two rounds of review of the administrative draft Initial Study by the City will be necessary. We anticipate that there will be no substantive changes to the proposed site plan or project description during City review of the administrative drafts, and no new or additional modeling will be required for the technical studies. Modification to the scope of work, budget, and time frame may be necessary if additional administrative reviews are required or if substantive changes to the proposed site plan or project description are warranted.
Deliverable(s):
» Administrative Draft Initial Study, in digital format (MS Word and PDF) Task 4.2. Public Draft Initial Study and Notices
Upon approval of the administrative draft Initial Study, we will prepare the final public draft Initial Study and submit the final document to the City for review and buyoff. We will also assist the City in drafting the notices (Notice of Completion [NOC] and Notice of Intent [NOI]) and developing a distribution list of responsible and trustee agencies, organizations, and other special interest groups and individuals identified by the City.
After approval, PlaceWorks will distribute copies of the NOI and NOC to the Governor’s Office of Planning and Research (OPR), using the OPR process for uploading documents to CEQAnet. We will also be responsible for reproducing and mailing out the NOI to the agencies, organizations, and individuals on the final approved distribution list and for posting the NOI at the Los Angeles County Clerk. City staff will be responsible for newspaper notices (if deemed necessary) and for posting the NOI on its website pursuant to the provisions of Section 21092 of the CEQA Statutes.
Deliverable(s):
» Public Draft Initial Study and Notices, in digital format (MS Word and PDF) » Two hard copies of the Public Draft Initial Study, per the RFP » Reproduction, distribution and posting of notices
TASK 5. RESPONSE TO COMMENTS
Although it is not mandated by CEQA for Mitigated Negative Declarations, the standard practice for the City and PlaceWorks is to prepare responses to public comments received on the draft Initial Study so that City decision makers can adequately consider and address any agency, organization, or community comments and concerns. Following receipt of all comments on the Initial Study, a Response to Comments document will be prepared that will contain copies of all comment letters received plus written responses to all comments. Responses will focus on comments that address the substance and technical adequacy of the Initial Study. Comments that do not address the substance and adequacy of the Initial Study will be Item #15. Page 22
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noted as such, and no further response will be provided unless deemed necessary by the City. Responses will be prepared by the PlaceWorks team with input from the City, as needed.
The completed administrative draft Response to Comments document will be submitted to the City for review and comment. PlaceWorks will edit the Response to Comments document upon receipt of the City’s review comments. Once all revisions have been made to the Response to Comments document, we will prepare the final draft of the document and submit it to the City for consideration of the City decision makers.
For budgeting purposes of this proposal, we assume that no new or additional technical analysis will be required beyond what is included in the public draft Initial Study. We also anticipate that the number of comment letters received during the public review period will not be substantial; this is reflected in the budget for this task. Also, this task includes one round of review of the Response to Comments document by the City. The estimated budget for this task assumes that the comments will be directed at the substance and technical adequacy of the Initial Study, and that the comments will be compiled by the City and transmitted via email to PlaceWorks. If an unexpectedly large volume of comments is received on the public draft Initial Study, or if certain comments result in the need for substantial response or new research or analysis, the initial budget may not be sufficient. Should this situation become apparent, we will discuss this concern with the City before the budget for this task is consumed and determine an appropriate course of action.
Deliverable(s):
» Draft and Final Response to Comments, in digital format (MS Word and PDF) TASK 6. NOTICE OF DETERMINATION
Within five days of the final Mitigated Negative Declaration adoption by the Glendora City Council, PlaceWorks will prepare the required Notice of Determination (NOD) and file it with the Los Angeles County Clerk. The NOD and accompanying California Department of Fish and Wildlife (CDFW) filing fees will be transmitted via courier or hand delivered so that there is a record of receipt. PlaceWorks will also post the NOD to OPRs CEQAnet using the OPR process for uploading documents.
Deliverable(s):
» Notice of Determination, in digital format (MS Word and PDF) » Post NOD with county clerk and State Clearinghouse
TASK 7. (OPTIONAL) NEPA CATEGORICAL EXCLUSION
PlaceWorks understands that the City is seeking additional funding opportunities through the National Park Service (NPS), through the Office of Grants and Local Services for the Land and Water Conservation Fund (LWCF), which requires preparation of environmental documentation pursuant to that National Environmental Policy Act (NEPA). PlaceWorks believes that based on the location, size, land use, and programming anticipated, the project would qualify for a Categorical Exclusion (CE), as outlined in the NPS NEPA Handbook (2015), 3.3 (C)(3, 5, 8, 10, 11, 16 and 18) and Department of the Interior (DOI), Categorical Exclusions 43 CFR Part § 46.205. These requirements are summarized below and form the basis for our assumptions in this scope of work.
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Part 516, Chapter 12: Managing the NEPA Process, 12.5 Categorical Exclusions Part C. Action Related to Development
3. Routine maintenance and repairs to non‐historic structures, facilities, utilities, grounds, and trails.
5. Installation of signs, displays, kiosks, etc.
8. Replacement in kind of minor structures and facilities with little or no change in location, capacity, or appearance.
10. Installation of wells, comfort stations, and pit toilets in areas of existing use and in developed areas.
11. Minor trail relocation, development of compatible trail networks on logging roads or other established routes, and trail maintenance and repair.
16. Landscaping and landscape maintenance in previously disturbed or developed areas.
18. Construction of minor structures, including small improved parking lots, in previously disturbed or developed areas.
Categorical Exclusion Documentation Form. Pursuant to DOI 43 CFR Part §46.215 (Extraordinary Circumstances), PlaceWorks will prepare the appropriate documentation and analyses to address topics (a) through (l) to determine if any extraordinary circumstances exist, which would prohibit the use of a CE for environmental clearance. For each topic identified, PlaceWorks will provide a full description of the determination and a synopsis of the information that it was based on, such as:
Map panel numbers and dates
Names of all consulted parties and relevant consultation dates Names of plans or reports and relevant page numbers
Any additional requirements specific to the program or region Documentation will primarily rely on the analyses and conclusions presented in the technical studies, project description and Initial Study as presented above for Task 2, 3 and 4, respectively. Additional analysis may be required to address specific thresholds and guidelines pursuant to NEPA; however, PlaceWorks assumes that any supplemental analysis would be minimal. For air quality, PlaceWorks will evaluate the impacts from project‐related construction activities compared to the General Conformity Rule de minimus thresholds, pursuant to NEPA. For Section 106 compliance pursuant to NEPA, PlaceWorks will review the cultural resources assessment prepared by the City’s consultant, for adequacy and incorporate the results into the Categorical Exclusion.
PlaceWorks will then prepare the Categorical Exclusion Documentation Form (CE Form) and submit the form and associated reports to the City for review. PlaceWorks will address one round of consolidated comments and edits from the City.
Deliverable(s):
» Categorical Exclusion, in digital format (MS Word and PDF) Item #15. Page 24
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Proposed Schedule
Upon project initiation and based on our understanding of the project and the entitlements necessary (e.g., general plan amendment, zone change), the environmental and technical analysis required to be undertaken, the necessary public review process, and the City’s internal planning and environmental review process, the estimated schedule for the project’s entitlement and environmental review process is anticipated to require approximately 8 to 10 months to complete. Table 1 below reflects a 10‐month schedule; however, the overall project schedule will be better defined upon further discussions with City staff at project initiation. Once the CEQA project timeline has been better defined, PlaceWorks will prepare a detailed project schedule for City staff review. We will work to meet the scheduling objectives of the City.
Table 1. CEQA Schedule
Task Number of Weeks
TASK 1. PROJECT INITIATION, MEETINGS, MANAGEMENT AND COORDINATION
1.1 Project Initiation and Kick‐off Meeting 2
1.2 Meetings and Hearings Ongoing
1.3 Project Management and Coordination Ongoing
TASK 2. TECHNICAL STUDIES
2.1 Air Quality, GHG, and Energy Analysis 8*
2.2 Construction Healthy Risk Assessment 6*
2.3 Noise and Vibration Analysis 8*
2.4 Traffic Analysis 10*
2.5 Tribal Noticing and Consultation 8
TASK 3. PROJECT DESCRIPTION (INCLUDES 2 ROUNDS OF REVIEW) 4 TASK 4. INITIAL STUDY
4.1 Admin Draft Initial Study (includes 2 rounds of review) 20
4.2 Public Draft Initial Study and Notices 2
TASK 5. RESPONSE TO COMMENTS (INCLUDES 1 ROUND OF REVIEW) 2 TASK 6. NOTICE OF DETERMINATION 1
TASK 7. POST‐CONSTRUCTION MITIGATION AND MONITORING PLAN Ongoing through construction
*Concurrent timing included in Administrative Draft Initial Study.
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Subconsultants
EPD SOLUTIONS (TRAFFIC/PARKING)
EPD Solutions, Inc. (EPD) is a full‐service environmental consulting firm dedicated to providing environmental and planning services of distinction, quality, and legal merit that optimize value, are environmentally responsible, and enhance the communities in which the services are provided. EPD is a corporation formed in 2013, and since then EPD has developed a unique breadth of experience in the preparation of environmental documentation and project management throughout Southern California.
The EPD team manages hundreds of projects a year in the areas of environmental planning and CEQA/NEPA analysis, due diligence, entitlements, construction management, policy planning, and technical services, and its senior project managers have up to 25 years of experience.
EPD’s traffic team specializes in a wide range of transportation planning, traffic engineering, level of service and vehicle miles traveled traffic studies, parking studies, and vehicular and pedestrian safety studies. EPD staff has experience using various traffic impact analysis software such as Vistro, Synchro, and TransCAD, and is knowledgeable in the application of technical traffic analysis methodologies to projects of all types and sizes. The EPD team also has extensive experience with implementation of SB 743 requirements and has assisted local agencies with drafting defensible exemption thresholds for VMT analysis.
MEGHAN MACIAS TE | Director of Technical Services
EPD Principal Support & Quality Control
Meghan’s primary responsibilities include overseeing and managing the preparation of technical analyses, of varied projects throughout California including land development, infrastructure, active transportation and Master/ Specific/ General Plans. She has a proven track record of managing complicated and controversial projects to achieve defensible and implementable solutions to technical issues. Her expertise in traffic engineering and operations analysis methodologies is complemented by her knowledge of CEQA.
CHAD KARNS | Transportation Manager
EPD Project Manager
Chad has 25 years of experience in all aspects of transportation engineering, specializing in traffic engineering and transportation planning, with expertise involving the preparation of over 185 traffic impact studies, corridor studies, and transportation planning analyses. His work includes numerous residential and commercial developments, as well as local and state roadway and highway systems in multiple states (8) for both private and public sectors.
HANA RESOURCES (BIOLOGICAL RESOURCES)
Established in 1995, HANA is a full‐service multidisciplinary environmental consulting firm serving both public and private sector clients throughout California. Its mission is to apply scientific expertise, experience, initiative, and innovation to natural resource management, ensuring sustainable and compliant project outcomes. HANA boasts a diverse and skilled team of professionals, including environmental planners, biologists, archaeologists, geologists, hydrologists, engineers, Geographic Information Systems (GIS) specialists, and support staff. Together, they deliver comprehensive environmental services, such as environmental analyses, CEQA and NEPA documents, technical studies, Item #15. Page 26
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and permits, ensuring adherence to all environmental laws and regulations from initial planning through construction. While HANA is proficient in various technical disciplines, they specialize in Biological Resources. HANA’s expertise in this area sets it apart, allowing it to provide exceptional service and innovative solutions for the most complex environmental challenges.
SLOANE SANCHEZ | Director of Operations, Senior Biologist HANA Project Manager, Senior Biologist
As a Project Manager and Senior Biologist, Ms. Seferyn has worked both independently and in teams on projects involving mammals, amphibians, reptiles, fish, insects, birds and plants using multiple data collection methods. With 15 years’ experience, Ms. Sanchez understands the regulatory framework necessary for the preparation of technical reports and environmental documents for compliance with CEQA, NEPA, CESA, ESA.
CANDACE REYNOLDS | Senior Biologist
Senior Biologist
With 11 years’ experience, Candace has conducted biological field surveys and habitat assessments of on‐ site resources; general wildlife and botanical surveys; wetland delineations; special status plant and wildlife protocol surveys; identifying and mapping vegetation communities; and mitigation site qualitative/quantitative monitoring. She is knowledgeable about native and non‐native California plants and wildlife species, having worked in a broad range of habitat types in California and with wide range of biodiversity – from pollinators to plants, including listed species.
Cost Estimate
The following cost estimate outlines the fees needed for PlaceWorks and its team of subconsultants (HANA and EPD) to complete the environmental and technical services outlined in this proposal. We will complete the scope of services described above for a fee of $124,077. This budget is based on the rates shown in Table 2, PlaceWorks 2024 Standard Fee Schedule. If the City authorizes PlaceWorks to provide support for the NEPA approvals shown under the Optional Task 7, the total contract value would be $137,908.
PlaceWorks has developed a budget that is in line with our experience on the level of effort anticipated to develop defensible documents that meet the rigor of public expectations and complete the CEQA process for this project. We are happy to discuss the detailed assumptions of our scope and related costs to ensure that we are meeting your goals and providing competitive costs while still maintaining the high levels of service that are needed. We have assumed an 8‐ to 10‐month schedule from notice‐to‐proceed through public hearings, which is used to develop project management and meeting budgets. There are certain elements of the schedule, specifically review times by the City, that are outside of the control of PlaceWorks. Should the schedule be extended for reasons outside of the control of PlaceWorks, or additional elements of scope are requested beyond what is described herein, we will notify the City immediately of the need for additional funds.
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Table 2. Cost Estimate
Task Cost1
Labor
Task 1. Project Initiation, Meetings, Management, and Coordination
1.1 Project Initiation and Kick‐off Meeting $1,525
1.2 Meetings and Hearings 3,550
1.3 Project Management and Coordination 12,750
Task 2. Technical Studies
2.1 Air Quality, GHG, and Energy Analysis (PlaceWorks) 8,170
2.2 Biological Resources Assessment (HANA Resources)1 18,238
2.3 Construction Health Risk Assessment (PlaceWorks) 6,758
2.4 Noise and Vibration Analysis (PlaceWorks) 7,038
2.5 Traffic Analysis (EPD Solutions, Inc.)2 12,650
2.6 Tribal Noticing and Consultation (PlaceWorks) 1,000 Task 3. Project Description 5,518
Task 4. Initial Study
4.1 Administrative Draft Initial Study 30,008
4.2. Public Draft Initial Study and Notices 5,610
Task 5. Response to Comments 6,712
Task 6. Notice of Determination 801
Subtotal – Labor $120,328
Reimbursable Expenses
Reproduction, Mailings, and Mileage $707
CDFW and NOD Filing Fees 3,042
Subtotal – Reimbursable Expenses $3,749
GRAND TOTAL $124,077
Optional Task 7. NEPA Categorical Exclusion Support $13,831 TOTAL WITH OPTIONAL TASK $137,908
1 Cost for labor tasks includes office expenses, which equals 2% of PlaceWorks’ labor for office expenses. 2 Subconsultants are billed and plus 10%.
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FEE SCHEDULES
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Requested Exceptions
PlaceWorks has reviewed the standard Agreement and has no exceptions.
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Attachment. Resumes
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ADDIE FARRELL
Principal
Addie is a seasoned project director who navigates the CEQA and NEPA processes for a wide range of project types, from remediation to recreation to infrastructure to health care and beyond. She excels at providing her clients with strategic and holistic support, advising on a broad array of technical and strategic issues. Her dedication and professional style have brought her a number of complex and highprofile projects that have earned awards from both AEP and APA.
Addie leads PlaceWorks’ CEQA/NEPA practice for the Los Angeles region and oversees environmental staff from our Los Angeles office, managing diverse in‐house and subconsultant teams. She oversees all aspects of the environmental process and ensures adherence to budget and scope.
She also leads public and stakeholder meetings and excels at delivering public and staff presentations, even in high-pressure settings. She pays keen attention to quality and detail and maintains that attention in the most challenging situations.
HIGHLIGHTS OF EXPERIENCE
• Artesia Downtown Specific Plan EIR | Artesia CA
• The Mercury Mixed-Use Development Project IS/MND | Pico Rivera CA • Norwalk Entertainment District-Civic Center Specific Plan EIR | Norwalk CA • Prologis Vermont and Redondo EIR | Los Angeles CA
• Various Environmental Peer Reviews for City of Inglewood | Inglewood CA • Multiview Drive Single-Family Residence with Accessory Dwelling Unit IS/ MND | Los Angeles CA
• Medical Office Building at 508 Las Tunas Drive IS/MND Addendum | LosSan Gabriel CA
• Sepulveda Basin Burrowing Owl Surveys | Los Angeles CA • EA Form Preparation for 6-Lot Subdivision | Granada Hills CA • Rose Bowl Operating Company Brookside Golf Club Expansion IS/MND | Pasadena CA
• Rose Bowl Operating Company Arroyo Seco Music and Arts Festival EIR Addendum | Pasadena CA
• Anaheim General Plan Update EIR | Anaheim CA
• Orange County Great Park Phase 2 EIR Addendum | Irvine CA • Los Alamitos Town Center GPA Addendum | Los Alamitos CA • Crescenta Valley High School Field Improvement Project EIR | Glendale USD • Bright Star Schools Rise Kohyang Charter High School IS/MND | Los Angeles USD
• Malibu Middle and High Schools Specific Plan and EIR | Santa Monica-Malibu USD
• McKinley Elementary School EIR for Campus Master Plan Update | Santa Monica-Malibu USD
EDUCATION
• BA, Natural Resource and
Environmental Geography, San
Diego State University
AFFILIATIONS
• Association of Environmental
Professionals
PROFESSIONAL ACTIVITIES
• Environmental Professional
Panelist, AEP Annual Conference
2023, “Young Planners Panel”
• Instructor, AEP CEQA Essentials
Workshop, Los Angeles Chapter |
2022 and 2023
• Panelist, AEP Annual Conference
2021, “Subsequent Environmental
Review Amidst a Sea of Evolving
CEQA Law and Regulations”
• Instructor, AEP CEQA Essentials
Workshop, Inland Empire Chapter |
2017
• Chair, AEP Awards Committee, San
Diego Chapter | 2007–2009
Team member since 2020
Item #15. Page 33
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ADDIE FARRELL
Principal
[email protected]
• Grant Elementary School EIR for Campus Master Plan Update | Santa Monica-Malibu USD
• Westside Area Plan and EIR | Los Angeles CA
PRIOR EXPERIENCE
• Palmdale Strategic Water Resources Management Plan Program EIR | Los Angeles, CA
• Topock Compressor Station Environmental Review (Multiple EIRs under DTSC contract) | Needles CA
• Santa Susana Field Laboratory Final EIR for DTSC | Ventura County CA • San Luis Rey River Park Master Plan EIR | San Diego County CA • Inglewood Basketball and Entertainment Center EIR | Inglewood CA • Arroyo Seco Music and Arts Festival EIR | Pasadena CA • Rancho Los Amigos EIR | Los Angeles County CA
• Treeland Homes EIR | Los Angeles CA
• Pacific Square San Gabriel Mixed-Use Project EIR | San Gabriel CA • Shriners Hospital for Children IS/MND | Pasadena CA
• Platinum Residential Project IS/MND | Pasadena CA
• AngelFest Environmental Assessment | Los Angeles CA
• Hollywood Center EIR | Los Angeles CA
• Rose Bowl Lighting Replacement Project Categorical Exemption | Pasadena CA • Griffith Park Performing Arts Center IS/MND | Los Angeles CA • Hansen Dam Skate Park IS/MND and Environmental Assessment | Los Angeles CA
• Sheldon Skate Plaza IS/MND | Los Angeles CA
• Lake Machado Operation and Long-Term Maintenance Plan | Los Angeles CA • Point Fermin and Battery Osgood Historic Evaluation | Los Angeles CA • Exposition Park Rose Garden Historic Evaluation | Los Angeles CA • Kern County Solar Projects, Multiple EIRs | Kern County CA • Santa Barbara Courthouse Categorical Exemption | Santa Barbara CA • Madison Mixed Use Project Technical Studies | Pasadena CA • Villa Esperanza Air Quality Technical Reports | Pasadena CA • Helen Keller Park Community Building and General Improvements IS/MND | Los Angeles CA
• Santa Clarita Courthouse IS/MND | Los Angeles CA
SPEAKING ENGAGEMENTS
• Environmental Professional Panelist, AEP Annual Conference 2023, “Young Planners Panel” Instructor, AEP CEQA Essentials Workshop, Los Angeles Chapter | 2022 and 2023
• Panelist, “Subsequent Environmental Review Amidst a Sea of Evolving CEQA Law and Regulations,” AEP Annual Conference 2021
• Instructor, AEP CEQA Essentials Workshop, Inland Empire Chapter | 2017 AWARDS
• Malibu Middle and High School Campus Specific Plan EIR | 2023 Outstanding Environmental Analysis Document, AEP California
• Norwalk Entertainment District–Civic Center Specific Plan EIR | 2023 Outstanding Environmental Analysis Document, AEP California; 2023 Environmental Planning Award of Merit, APACA-LA
• Arroyo Seco Music and Arts Festival EIR | 2018 Environmental Planning Award, APA; 2017 Merit Award, Outstanding Environmental Analysis Document, AEP
Item #15. Page 34
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JORGE ESTRADA
Senior Associate
Jorge is an exceptionally diverse planner who wears multiple disciplinary hats. His knowledge and experience encompass the public and private sector, project management and administration, and both environmental and community planning. He has a reputation for providing thorough, quality work; attention to detail; and exceptional client service and satisfaction. Jorge has a clear understanding of planning and environmental principles and a solid working knowledge of their considerable regulatory systems, processes, and regulations. A natural communicator, he is known for his motivation, high energy, and ability to connect, which make him invaluable to project teams and clients alike.
Jorge processes, oversees, and manages all aspects of projects with a depth of knowledge and breadth of perspective that are assets to both the Environmental and Community Planning & Design teams.
His environment work focuses on CEQA compliance and spans a wide range of public- and private-sector projects, from general plans and specific plans to small infill projects. For community planning projects, he prepares and manages specific plans, provides entitlement services, and also serves as staff extension for various jurisdictions in southern California. He also provides in-house Spanish translations for an array of environmental and planning-related documents and materials, as well as in-person Spanish speaking for environmental and planning-related project meetings.
HIGHLIGHTS OF EXPERIENCE
CEQA Environmental Services
• FUSD Elementary School No. 47 MND Addendum | Fontana CA • Office Building at Von Karman and Quartz EIR Addendum | Irvine CA • Truck and Trailer Storage, Wash and Repair Business CEQA Exemption | Compton CA
• Heritage Community Park Master Plan MND | Irvine CA
• Irvine Animal Care Center and Operations Support Facility Expansion and Improvements MND | Irvine CA
• Giant RV Facility MND | Colton CA
• La Puerta School Site Specific Plan EIR | Claremont CA • Citywide Zone Amendment ND | Industry CA
• Family Entertainment Center Expansion Project CEQA Exemption | Industry CA • 15010 Don Julian Industrial Warehouse MND | Industry CA • Puente Hills Intermodal Facility Continued Interim Use EIR Addendum | Industry CA
• Development Agreement for Four Housing Sites CEQA Exemptions | Ojai CA • The Bungalows at Ojai CEQA Exemption | Ojai CA
EDUCATION
• BS, Urban & Regional Planning,
California Polytechnic State
University, Pomona
• Certificate in Engineering/
Architectural AutoCAD, California
State University, Long Beach
AFFILIATIONS
• American Planning Association
Team member since 2005
Item #15. Page 35
Meeting Date: 9/24/2024 / Packet Page #: 2409
JORGE ESTRADA
Senior Associate
[email protected]
• Greenleaf Business Center MND | Santa Fe Springs CA
• General Plan EIRs for the cities of Temple City, Sierra Madre, and Industry | California
• Century Villages at Cabrillo Specific Plan EIR | Long Beach CA • Oak Creek Community Park Expansion and Improvements MND | Irvine CA • Pathways to College Charter School MND | Hesperia CA
• Cornerstone Bible Church Expansion and Improvements MND | Glendora CA • Real Journey Academies Charter High School MND | Fontana CA • Citrus Crossroads Commercial Retail Center MND | Fontana CA • Grand Central Recycling and Transfer Station EIR Addendum | Industry CA • Jackson Ranch Specific Plan EIR | Kings County CA
• Laverne Elementary Preparatory Academy MND | Hesperia CA • Cardon Arbor View School CEQA Exemption | Rancho Cucamonga CA • Desert Trails Preparatory Academy MND | Victorville CA • Glendora Self-Storage Facility MND | Glendora CA
• Lakeview Senior Living Subsequent EIR | Yorba Linda CA • Newport Crossings Mixed Use Project EIR | Newport Beach CA • New Elementary and Middle School at 425 North Lyon Avenue MND | San Jacinto CA
• Christ’s Church of the Valley Expansion MND | Rancho Cucamonga CA • San Bernardino Road Public Safety Facility MND |Rancho Cucamonga CA • Los Alamitos Luxury Apartments MND | Los Alamitos CA
• Sausalito Street Condominiums MND | Los Alamitos CA
• City Plaza Apartments and Hotel EIR Addendum | Orange CA • Specific Plan No. 12 (Hampton Inn & Suites) MND | Claremont CA • Hyatt Regency Expansion EIR | Newport Beach CA
• Chapman Apartments MND | Orange CA
• City Parkway Apartments MND | Orange CA
• Temple City Crossroads Specific Plan EIR | Temple City CA • Midtown Specific Plan EIR | Long Beach CA
• Yorba Linda Gardens Residential Development MND | Yorba Linda CA • San Juan Hills High School Campus Improvements MND | San Juan Capistrano CA • San Clemente High School Campus Improvements MND | San Clemente CA • Westside Gateway MND | Costa Mesa CA
• Specific Plan No. 3 MND | Walnut CA
• The Olson Company Townhomes on Washington Avenue MND | Orange CA • Covington Townhomes EIR Addendum | Yorba Linda CA
• Uptown Newport EIR | Newport Beach CA
• Harbor Corridor Specific Plan EIR | Santa Ana CA
• Magnolia Residential Project EIR | Upland CA
• Cash 4 Cans + Recycling Center CEQA Exemption | Westminster CA • San Bernardino TOD Overlay District EIR Addendum | San Bernardino CA • Industry Housing Element ND | Industry CA
• Valley Boulevard Widening MND | Industry CA
• Wenzlaff Elementary School Conversion MND | Desert Hot Springs CA • Serrano I and II Residential Project MND | Claremont CA • City Ventures Residential Project MND | Claremont CA
• Western Christian Schools Campus Improvements MND | Claremont CA • Taylor Morrison Residential Project MND Addendum | Claremont CA • Olson Company Residential Project MND | Claremont CA
• Frontier Enterprises, The Colony EIR Addendum | San Bernardino CA • Baldwin Park Industrial MND | Industry CA
• Oakbrook Village EIR Addendum | Laguna Hills CA
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JENNIFER KELLEY
Senior Associate
Jennifer is a skilled environmental professional with nine years of experience leading CEQA and NEPA analyses for development and infrastructure projects. Jennifer has managed CEs, MNDs, and EAs for mixed-use, infill development projects from the proposal stage through entitlement, and served as a deputy project manager on large-scale EIRs. Jennifer’s management expertise includes seniorlevel review of documents; coordination with clients, subconsultants, and public agencies; keeping project schedules and budgets on track; and supervising analyses prepared by junior staff. Prior to joining PlaceWorks, Jennifer served in environmental planning and management roles where she used her background in urban planning and environmental design to lead numerous comprehensive land use and aesthetics compatibility analyses and produced supporting visual graphics. She is also proficient in producing quantitative studies to measure cumulative impacts on public services and utilities using local, regional, and state-level data.
HIGHLIGHTS OF EXPERIENCE
• Great Park Phase 2 EIR Addendum | Irvine CA
• La Palma Park Improvements CE (NEPA) | Anaheim CA
• Berkeley High School Parking Structure and Tennis Courts EIR | Berkeley CA • Gossamer Grove Elementary School Addendum| Norris USD, Shafter • Los Alamitos High School Gymnasium MND | Los Alamitos USD • Pioneer Road Complete Streets Project Land Use Study| Los Banos CA • City of Redondo Beach General Plan EIR | Redondo Beach CA • San Bernadino High School Cardinal Child Development Center NOE | San Bernadino USD
PRIOR EXPERIENCE
Programmatic
• Downtown Community Plan Update/New Zoning Code EIR | Los Angeles CA • Los Angeles Sports and Entertainment District Specific Plan Addendum | Los Angeles CA
• The Terraces of Walnut Specific Plan EIR | City of Walnut Mixed-Use
• 1000 Grand MND | Los Angeles CA
• 11701 Santa Monica Boulevard MND | Los Angeles CA
• 1400 S. Figueroa Street MND | Los Angeles CA
• 777 North Front Street EIR | Burbank CA
• 7985 Santa Monica Boulevard EIR |West Hollywood CA
EDUCATION
• Master of City Planning,
Boston University
• Bachelor of Landscape
Architecture,
California Polytechnic State
University, San Luis Obispo
AFFILIATIONS
• Association of Environmental
Professionals
• American Planning Association
Team member since 2022
Item #15. Page 37
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JENNIFER KELLEY
Senior Associate
[email protected]
• City Market of Los Angeles EIR | Los Angeles CA
• Sapphire Project EIR | Los Angeles CA
• Sunset and Gordon EIR | Los Angeles CA
• 801 S. Olive Street MND | Los Angeles CA
• Apex II MND | Los Angeles CA
• G12 MND | Los Angeles CA
• High Line West MND | Los Angeles CA
• Industrial Street Lofts MND | Los Angeles CA
• LA Main MND | Los Angeles CA
• La Tijera/Sepulveda Eastway MND | Los Angeles CA
• Olympic and Olive Mixed-Use Project MND | Los Angeles CA • Onyx MND | Los Angeles CA
• Panorama City Center EIR | Los Angeles
• The Alexan Addendum | Los Angeles CA
• Valencia Mixed-Use Project MND | Los Angeles CA
Industrial
• 1601 San Francisco Avenue MND | Long Beach CA
• 300 Studebaker Road Industrial Project MND | Long Beach CA Infrastructure
• Lyons Avenue/Dockweiler Drive Extension EIR | Santa Clarita CA • Pipeline Safety Enhancement Plan Various | Southern California Gas Company
Residential
• 780-808 Francesca Drive MND | Walnut CA
• Agave at Palm Canyon EA | County of Riverside CA
• Palo Verde MND | El Monte CA
• Rolland Curtis MND | Los Angeles CA
• Winnetka Williams Homes MND | Los Angeles CA
• Willowbrook III MND | County of Los Angeles CA
Schools & Institutional Campuses
• Kaiser Permanente Baldwin Hills Outpatient Medical Facility MND | Los Angeles CA
• Kaiser Permanente West Los Angeles Medical Center Parking Expansion MND | Los Angeles CA
• Santa Monica Community College Malibu Campus EIR | Malibu CA • Shalhevet High School and Fairfax Mixed-Use MND | Los Angeles CA Item #15. Page 38
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JOHN VANG JD
Senior Associate
John is a senior associate on the air quality, greenhouse gas, and noise assessment team. His background and experience give him a solid foundation in quantitative and qualitative analysis—a valuable asset and indispensable to the assessment of environmental impacts. He completes and assists with technical analyses for a wide variety of projects—general plans and specific plans; schools; and developments with commercial, industrial, warehouse, residential, and mixed uses.
John was a beta-tester for CalEEMod versions 2013, 2016, and 2020, and he is proficient in the various modeling software for air quality and health risk technical studies, such as EMFAC, OFFROAD, HARP, and AERMOD. He also has experience preparing energy, traffic, and other sections for CEQA documents.
HIGHLIGHTS OF EXPERIENCE
CEQA Analysis
• Downtown Davis Specific Plan and Form Based Code EIR | Davis CA • Prologis Vermont and Redondo Project EIR | Los Angeles CA • Proposed Rule 2305 and Proposed Rule 316 EA | South Coast Air Quality Management District
• Jackson Ranch Specific Plan EIR | Kings County CA
• Ontario Ranch Business Park Specific Plan EIR | Ontario CA • City of Corona General Plan Update EIR | Corona CA
• City of Jurupa Valley Etiwanda Avenue/Country Village Road Truck Restriction Ordinance EIR | Jurupa Valley CA
• Hayward Downtown Specific Plan and Associated Zoning Code Update EIR | Hayward CA
• Southwest Fresno Specific Plan EIR | Fresno CA
• City of Hope Campus Plan EIR | Duarte CA
• Warner Avenue Widening, Main Street to Grand Avenue EIR | Santa Ana CA • Los Angeles County General Plan Update EIR | Los Angeles County CA • Clovis General Plan and Development Code Update EIR | Clovis CA • Pasadena General Plan EIR | Pasadena CA
• Landmark Hotel EIR | San Carlos CA
• Temple Industrial Warehouse/Office | Industry CA
• San Clemente General Plan EIR | San Clemente CA
• Harbor Corridor Specific Plan EIR | Santa Ana CA
• Crummer Site Subdivision EIR | Malibu CA
• The Platinum Triangle Subsequent EIRs | Anaheim CA
• Moran Street Specific Plan EIR | Westminster CA
• Fresno El Paseo Master Plan EIR | Fresno CA
• Circulation Element Update & MND | Fountain Valley CA • Greenspot Village & Marketplace Specific Plan EIR | Highland CA
EDUCATION
• Master of Urban Planning, Design,
& Development, Cleveland State
University
• Juris Doctor, Cleveland-Marshall
College of Law, Cleveland State
University
• BA, Anthropology, University of
California, Los Angeles
ACTIVITIES
• CalEEMod Emissions Inventory
Model Beta-Testing | South Coast
Air Quality Management District
Team member since 2008
Item #15. Page 39
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JOHN VANG
Senior Associate
[email protected]
• Vortex Specific Plan EIR | Desert Hot Springs CA
• Ontario General Plan Update EIR | Ontario CA
• Puente Hills Intermodal Facility EIR | Industry CA
• Logistics Terminals, Inc., Development Plan & Zone Exception IS | Industry CA Technical Studies
• 506 Brookside Drive Industrial Project Air Quality and Greenhouse Gas | North Richmond CA
• Greenleaf Business Center, Air Quality, Greenhouse Gas Emissions, and Operational Health Risk Assessment | Santa Fe Springs CA • 14th & Long Beach Boulevard Affordable Housing Project Air Quality and Greenhouse Gas Emissions | Long Beach CA
• Rancho Cucamonga Fire Protection District Fire Training Center, Air Quality and Greenhouse Gas Emissions | Rancho Cucamonga CA
• Anaheim Energy Organic Waste to Energy Facility Air Quality and Greenhouse Gas Emissions | Anaheim CA
• Serramonte Shopping Center Expansion Construction Health Risk Assessment | Daly City CA
• Landmark Hotel Construction Health Risk Assessment | San Carlos CA • Torrance Memorial Medical Center | Torrance CA
• Noise Monitoring for Specific Highways, Noise Memorandum | Cerritos CA • Coca-Cola Warehouse Expansion Air Quality Memorandum | Orange CA • Carlsbad New High School No. 2 Noise Impacts on Least Bell’s Vireo and California Gnatcatcher Habitat | Carlsbad USD
• Distrito La Novia San Juan Meadows Planned Community Air Quality and Noise | San Juan Capistrano CA
• Green Dot Public Schools High School Air Quality and Greenhouse Gas Emissions | Los Angeles County CA
• Sycamore Academy Greenhouse Gas Emissions | Wildomar CA School Facilities Planning
• UC Berkeley Long Range Development Plan EIR | University of California • Southwest Campus EIR | Mt. San Jacinto Community College District • Menifee Valley Campus EIR | Mt. San Jacinto Community College District • SAUSD Sports Complex EIR | Santa Ana USD
• Ontario High School Improvements EIR | Chaffey Joint Union High School District
• Wiseburn High School Sports Complex | Wiseburn USD
• School Upgrade Program EIR | Los Angeles USD
• Castaic High School EIR | William S. Hart Union High School District • Middle School No. 8.75 IS/MND | Fontana USD
• Citrus Continuation High School IS/MND | Fontana USD
• Jurupa Hills Adult Education Center Conversion IS/MND | Fontana USD • New High School at College and Cannon EIR | Carlsbad USD • South Region Elementary School No. 12 EIR | Los Angeles USD Item #15. Page 40
Meeting Date: 9/24/2024 / Packet Page #: 2414
CHRIS SHIELDS
Senior Associate, Noise, Vibration, and Acoustics
Chris possesses a strong background in noise control, noise propagation, frequency analysis and engineering practices, coupled with extensive noise synthesis computer-modeling experience. His work experience includes the preparation of technical studies and related sections of CEQA and NEPA documents for commercial, industrial, residential, mixed-use recreation, educational, infrastructure, and other development projects. Chris’ experience includes noise analyses for federal, state, and local agencies with the use of computer models published by the EPA, FHWA, and Caltrans.
HIGHLIGHTS OF EXPERIENCE
• East Bay Regional Park District’s North Point Isabel Stand Alone Report | Richmond CA
• UC Berkeley Bancroft Parking Structure IS | Berkeley CA • Artesia Downtown Specific Plan EIR | Artesia CA
• Barstow General Plan EIR | Barstow CA
• Hollister General Plan EIR | Hollister CA
• Canyon Middle School ISMND for Canyon Valley USD | Castro Valley CA
PRIOR EXPERIENCE
• Feather River Levee Repair Project EIR | Yuba County CA • Rancho Cordova Suncreek Revised EIR/EIS | Rancho Cordova CA • The Ranch at Sunridge EIR/EIS | Rancho Cordova CA
• Prairie City State Vehicular Recreation Area General Plan and EIR | Rancho Cordova CA
• Citrus Heights General Plan Update, Climate Action Plan, and EIR | Citrus Heights CA
• Capitol Villas Redevelopment Project EIR | Sacramento CA • Brookins Ranch Monitoring | Colusa County CA
• Atherton Drive Gap Closure IS/MND EA-FONSI | Manteca CA • Union Crossing EIR | Manteca CA
• Galt Wastewater Treatment Plant Pipeline Project | Galt CA • Lodi/Delta College Master Plan and EIR | San Joaquin County CA • Brockway Erosion Control Project IEC | Placer County CA • Martis Creek Lake Dam Safety Modification Study EIS | Nevada County CA • Elk Grove USD Cosumnes River Elementary School Expansion Project EIR | Elk Grove CA
• San Juan USD Rio Americano High School Sports Facilities Upgrade EIR | Sacramento CA
• Crows Landing Industrial Business Park Specific Plan and EIR | Crows Landing CA • Folsom South of US Highway 50 Specific Plan EIR/EIS | Sacramento County CA • Natomas Levee Improvement Program EIR, EIS, and EIR/EIS | Sacramento County CA
EDUCATION
• BA, Environmental Studies (Minor
in Geology), California State
University, Sacramento
Team member since 2024
Item #15. Page 41
Meeting Date: 9/24/2024 / Packet Page #: 2415
CHRIS SHIELDS
Senior Associate
[email protected]
• Caltrans District 3, TO 53 Yuba Highway 20 | Yuba County CA • Chevron Corporation WMEP CEQA Support | Richmond CA
• SCVWD Alviso Slough Restoration Project | Santa Clara County CA • Small Erosion Repair Program Program EIR | Central Valley CA • San Joaquin River Restoration Program PEIR/PEIS | Fresno County CA • Burbank Air Quality Element, Climate Action Plan, and General Plan Update PEIR | Burbank CA
• Pier S Marine Terminal and Back Channel Improvement EIS | Long Beach CA • Mariposa Lakes Specific Plan EIR | San Joaquin County CA Item #15. Page 42
Meeting Date: 9/24/2024 / Packet Page #: 2416
DINA ELCHAMMAS GASS PE,QSD
Senior Engineer
Dina is a member of the Environmental Planning team and Technical Services Group. She provides technical support related to hydrology, water quality, geology and soils, hazards and hazardous materials, and utilities, including third-party peer reviews, water supply assessments, written verifications of water supply, and utility capacity reports. Dina also has experience performing quantitative health risk assessments and pipeline safety hazard assessments.
Dina processes, oversees, and manages CEQA projects; contributes research, analysis, and review—particularly in the fields of water quality, hydrology, utilities, geology and soils, and hazards and hazardous materials; and prepares CEQA compliant documents.
Dina came to PlaceWorks with eclectic experience in the fields of sustainability, environmental engineering, and sustainable watershed management. She was an assistant professor of sustainability and an environmental engineer in the Gulf and Caspian regions, where she prepared and implemented environmental management plans; pollution prevention plans; and management plans for waste, water, and wastewater.
HIGHLIGHTS OF EXPERIENCE
Hydrology/Water Quality, and Utilities
• On-Call Services for Water Supply Assessments and Written Verifications of Water Supply | Ontario CA
• Wine Country Specific Plan Water Demand and Supply Study | Yucaipa CA • Phase I of the Original Model Colony Adept Water Supply Assessment and Written Verification of Water Supply | Ontario CA
• Merrill Commerce Center Specific Plan Water Supply Assessment | Ontario CA • Ontario Ranch Business Park Specific Plan Water Supply Assessment | Ontario CA
• Jackson Ranch Specific Plan Water Supply Assessment | Kettleman City CA • Westminster Mall Specific Plan Water Supply Assessment | Westminster CA • Irwindale Gateway Specific Plan Third Party Review: Hydrology Report, LID Report, Sewer Study, Utility Study, and WSA | Irwindale CA • 4416 Azusa Canyon Road Tilt-up Warehouse Third Party Peer Review:
Hydrology Report, Hydraulics Report, and WQMP | Irwindale CA • Aqua Mansa Specific Plan Third Party Peer Review: Utility Report and WSA | Jurupa Valley CA
• Disneyland Resort Four Diamond Hotel Third Party Peer Review: Hydrology Report, WQMP, and WSA |Anaheim CA
EDUCATION
• Master of Engineering,
Environmental and Water
Resources Engineer, American
University of Beirut, Lebanon
• Bachelor of Engineering, Civil
Engineering, American University of
Beirut, Lebanon
• MA, East Asian Studies, Maharishi
University of Management,
Fairfield, Iowa
AFFILIATIONS
• California Stormwater Association
(CASQA)
REGISTRATIONS
• State of California Professional
Engineer No. 91182
• State Water Resources Board’s
Qualified Storm Water Pollution
Prevention Plan Developer (QSD)
Team member since 2018
Item #15. Page 43
Meeting Date: 9/24/2024 / Packet Page #: 2417
DINA EL CHAMMAS GASS
Senior Engineer
[email protected]
Environmental and Health Risk Assessments
• 4416 Azusa Canyon Road Tilt-up Warehouse Construction HRA | Irwindale CA • Etiwanda Avenue/Country Village Road Truck Restriction Ordinance Operational HRA | Jurupa Valley CA
• Temecula Valley Charter School HRA | Riverside County CA • Villa Park High School Modernization Pipeline Risk Assessment | Orange CA • Solana Vista Elementary School Reconstruction Pipeline Risk Assessment | Solana Beach CA
• Brownell Middle School Pipeline Risk Assessment | Gilroy CA CEQA
• Santa Ana General Plan EIR (2021) | Santa Ana CA
• San Bernardino Countywide Plan EIR | San Bernardino County CA • Walnut Business Park EIR | Walnut CA
• 1401 Quail Street Residential Project Addendum | Newport Beach CA • Landfill Gas to Energy Project IS/MND | Newport Beach CA • 4416 Azusa Canyon Road Tilt-up Warehouse Project IS/MND | Irwindale CA • Irwindale Gateway Specific Plan SEIR | Irwindale CA
• Wine Country Specific Plan SEIR | Yucaipa CA
• Freeway Corridor Specific Plan SEIR | Yucaipa CA
• Proposed Rule 2305, Warehouse Indirect Source Rule Environmental Assessment | South Coast Air Basin CA
• Agua Mansa Commerce Park Specific Plan EIR | Jurupa Valley CA • Norwalk Civic Center EIR | Norwalk CA
• Newport Crossings Mixed Use Project EIR | Newport Beach CA • Laguna Niguel Town Center Mixed Use Project EIR | Laguna Niguel CA • Ontario Ranch Specific Plan EIR | Ontario CA
• Etiwanda Avenue/Country Village Road Truck Restriction Ordinance EIR | Jurupa Valley CA
• UC Berkeley Long-Range Development Plan EIR | Berkeley CA • Whitmore Villa 66-Unit Residential Project IS/MND | Monterey Park CA • San Rafael General Plan 2040 and Downtown EIR | San Rafael CA
PRIOR EXPERIENCE
• Crowe Creek State Revolving Fund Project | Fairfield IA • Baku Tbilisi Cheyhan Pipeline | Republic of Georgia
• Crescent New Gas Processing Plant | United Arab Emirates • Mitigation of NGL Plants Flares and RAG Utilization Project | Qatar • Dorood Project Onshore Facilities | Iran
• Expansion and Development of the Harweel Miscible Gas Injection Enhanced Oil Recovery Project| Oman
• Kashagan Field Development Project | Kazakhstan
PUBLICATIONS
• “Immerse in Your Watershed: Problem Based, Service Learning for Undergraduate Sustainability Education,” The Journal of Sustainability Education, January 2017.
• “Potentiality of Wastewater Reclamation and Reuse in the Lebanon: A Case Study,” Master’s Thesis, American University of Beirut, Beirut, Lebanon, 2003.
AWARDS
• 2002 Abd El Aal Research Award for the Advancement of Water Resource Engineering Research
Item #15. Page 44
Meeting Date: 9/24/2024 / Packet Page #: 2418
20361 Hermana Circle | Lake Forest | CA 92630 | Phone 949.680.4444 | [email protected] Sloane Sanchez Senior Biologist
PROFESSIONAL EXPERIENCE
As a Senior Biologist, Ms. Sanchez has worked both
independently and in teams on projects involving mammals, amphibians, reptiles, fish, insects, birds and plants using multiple data collection methods. She has conducted biological field surveys and habitat assessments of on-site resources; general wildlife and botanical surveys; special status plant and wildlife protocol surveys; breeding bird surveys identifying species visually and aurally; identifying and mapping vegetation communities; implementing habitat restoration; mitigation site qualitative/quantitative monitoring; pre-construction clearance surveys; construction biological monitoring; and CRAM analyses.
Ms. Sanchez has also contributed to the writing of proposals, Biological Assessments, Health and Safety Plans, Plan of Actions, Surveys Protocols and Annual Reports. She is knowledgeable about native and non-native California plants and wildlife species, having worked in upland, riparian, and desert habitats throughout Southern California, including Los Angeles, Orange, Riverside, San Diego, Imperial and San Bernardino Counties.
Ms. Sanchez understands the regulatory framework necessary for the preparation of biological technical reports and environmental documents for compliance with CEQA, NEPA, CESA, ESA, invasive species control measures, mitigation monitoring and planning, construction monitoring and postconstruction restoration and reporting. Ms. Sanchez’s industry experience includes flood control mitigation, bridge
improvement, gas, landfill, road projects, field work, roadway, bridge and natural resources.
REPRESENTATIVE PROJECTS
Jamboree/Main Intersection Improvement Project, Orange
County, CA
Ms. Sanchez aided in providing environmental and water quality compliance services for this road improvement project. The project included a Biological Resources Assessment Report and Jurisdictional Delineation and the preparation of a Habitat Mitigation Monitoring Plan (HMMP).
Dogwood Rd. Bridge Project, Imperial County, CA
Ms. Sanchez joined several surveys for this bridge replacement project located over the Central Main Canal near the intersection of Dogwood Road and Willoughby Road in Imperial County, California.
Years of Experience
15 Education
• B.S., Wildlife and Fisheries
Science – Wildlife Option,
Pennsylvania State
University, University Park,
PA
Professional Certifications
• Wildlife Society Fairy
Shrimp Workshop
• Wildlife Society Sea Turtle
Workshop
• CAPCA PSHB
• Wetland Training Institute,
Wetland Delineation
Training
• The Wildlife Society SoCal
Chapter Burrowing Owl
Workshop
• OSHA 24 and 30 Hour
Hazwoper Training
• California Rapid Assessment
Method (CRAM) Training for
Wetlands
• Southwest Partners in
Amphibian & Reptile
Conservation, Flat-tailed
horned Lizard Training
• Desert Tortoise Council,
Introduction to Surveying,
Monitoring and Handling
Techniques Workshop
• Sea and Sage Audubon
Society, Advanced Bird
Identification Course
Item #15. Page 45
Meeting Date: 9/24/2024 / Packet Page #: 2419
20361 Hermana Circle | Lake Forest | CA 92630 | Phone 949.680.4444 | [email protected] The project included an Initial Study (IS) to identify potential environmental impacts, and a Mitigated Negative Declaration (MND) to adopt measures to avoid or reduce potential environmental impacts to less than significant levels. Also completed was a Biological Resources Assessment Report, jurisdictional delineation of Waters of the United States and Waters of the State, Habitat Mitigation and Monitoring Program (HMMP), and focused burrowing owl surveys because the bridge is located within BUOW habitat. The project also involved obtaining a Clean Water Act (CWA) section 404 nationwide permit from the USACE, CWA section 401 Water Quality Certification (WQC) from the RWQCB, and a Lake or Streambed Alteration Agreement (LSAA) with CDFW.
Agoura Hills Bridge Project, Los Angeles County, CA
Ms. Sanchez acted as project manager and point of contact on this bridge project. Project duties included organizing a team of biologists to conduct a Biological Resources Assessment Report, jurisdictional delineation, and a permit package including a Clean Water Act (CWA) section 404 nationwide permit from the USACE, CWA section 401 Water Quality Certification (WQC) from the RWQCB, and a Lake or Streambed Alteration Agreement (LSAA) with CDFW.
Long Beach Unified School District Educare Facility Project, Los Angeles County, CA Ms. Sanchez directed the literature review, reconnaissance-level surveys, and preparation of the Initial Study Mitigated Negative Declaration Biological Resources Section for this school improvement project.
Venice High School Comprehensive Modernization Project, Los Angeles County, CA Ms. Sanchez directed the literature review, reconnaissance-level surveys, and preparation of the Initial Study Mitigated Negative Declaration Biological Resources Section for this school improvement project.
Downey High School Athletic Field Lighting Project, Los Angeles County, CA Ms. Sanchez directed the literature review, reconnaissance-level surveys, and preparation of the Initial Study Mitigated Negative Declaration Biological Resources Section for this school improvement project.
Murrieta Senior Living Facility, Murrieta, CA
Ms. Sanchez supervised the peer review of a jurisdictional and a Biological Resources Assessment Report for preparation of an Initial Study/Mitigated Negative Declaration. Ms. Sanchez supervised additional research to complement the information provided regarding jurisdictional waterway connectivity and Riverside County Multiple Species Habitat Conservation Plan (MSHCP) requirements for defensibility of the final environmental document.
Fairfield Ranch Commons, San Bernardino County, CA
Ms. Sanchez participated in a Biological Resources Assessment Report, wetland delineation and subsequent regulatory permitting (404, 401, 1602) to facilitate creation of three acres of storm water detention basins and installation of a 60-inch reinforced concrete pipe storm drain outfall within Los Serranos Lake Channel, in the City of Chino Hills, California. A basin maintenance plan was created for this project to satisfy requests made by CDFW.
Item #15. Page 46
Meeting Date: 9/24/2024 / Packet Page #: 2420
20361 Hermana Circle | Lake Forest | CA 92630 | Phone 949.680.4444 | [email protected] Candace Reynolds Restoration Ecologist/Senior Biologist
PROFESSIONAL EXPERIENCE
Candace Reynolds is a Senior Biologist specializing in habitat restoration and invasive plant management. Her career focus and personal passion for the past 11 years has been developing practical science-based solutions to conserve native biodiversity for future generations. Her expertise ranges from technical writing, hands-on fieldwork, grant development, restoration planning and design, project and stakeholder management, and policy work. She has conducted biological field surveys and habitat assessments of on-site resources; general wildlife and botanical surveys; botanical and technical geomorphology surveys using LiDAR and Trimble RTK GPS Units; wetland
delineations; special status plant and wildlife protocol surveys; identifying and mapping vegetation communities including vegetation rapid assessment using the CNPS Revelé protocol; and mitigation site qualitative/quantitative monitoring. She is knowledgeable about native and non-native California plants and wildlife species, having worked in a broad range of habitat types in California and with wide range of biodiversity – from pollinators to plants, including listed species.
She works with clients to develop and secure grant funding for conservation, habitat restoration and invasive plant projects.
She has extensive experience with every stage of the habitat restoration process: project development and planning,
restoration plans, permitting and regulatory compliance, funding and budgeting, project management, habitat design for specific outcomes (habitat enhancement, endangered species recovery, water management, etc.), project implementation, development of performance metrics and site monitoring, data management and analysis, stakeholder outreach, and public education and engagement.
REPRESENTATIVE PROJECTS
Tejon Ranch Conservancy Habitat Restoration Projects, Tejon Ranch, Lebec, CA As Project Manager and Restoration Biologist, Ms. Reynolds is leading the development and funding for a series of habitat restoration projects on Tejon Ranch in Lebec, California for Tejon Ranch Conservancy. She worked with the client to develop scope and cost for multiple projects on Tejon Ranch and is working on securing grant funding. The project scope will include habitat restoration plans and design, GIS/unmanned aerial vehicle (UAV) mapping (drone flights, orthomosaics, Arundo recognition, and plant health assessments), implementation, monitoring, reporting.
Years of Experience
11 Education
• B.S., Biology –
Environmental Biology
Option, Humboldt State
University, Arcata, CA
• M.S. (Pursuing), GIS –
Geodesign Option,
Pennsylvania State
University World Campus,
University Park, PA
Professional Workshops and
Certifications
• CNPS Conservation
Conference
• Esri User Conference
• Salmonid Restoration
Federation Conference
• SRF Fish Passage Design
Workshop
• SRF Erosion and Sediment
Control Workshop
• CalTrans Herbicide
Application Training
• USFWS ATV Training & Cert
• SRF Healthy Fires, Healthy
Fish Workshop
Item #15. Page 47
Meeting Date: 9/24/2024 / Packet Page #: 2421
20361 Hermana Circle | Lake Forest | CA 92630 | Phone 949.680.4444 | [email protected] Martin Slough Enhancement Project, Eureka, CA
Ms. Reynolds was the Restoration Ecologist on this large-scale revegetation project in its third year of planting and restoration for the Redwood Community Action Agency. Ms. Reynolds was involved in the following tasks related to this project: Baseline vegetation and biological monitoring to establish success criteria, water quality monitoring, oversight of active native plant restoration and plant design layout, supervision of manual biomass reduction of invasives including reed canary grass, wild radish, and bull thistle, and comprehensive site maintenance.
Spanish Broom Removal Project, Los Padres National Forest, Santa Barbara, CA As Restoration Biologist, Ms. Reynolds is responsible for the development, and future funding of Phase 3 for a Spanish broom (Spartium junceum) removal and habitat restoration project.
NRCS WRE The Wildlands Conservancy Spartina Treatment Project, Ferndale, CA Ms. Reynolds acted as Project Manager, in partnership with the Humboldt County Resource Conservation District for removal of 45 acres of Spartina (Spartina densiflora) in a wetland with mixed pasture on The Wildland Conservancy property, that borders the mouth of the Eel River to the south, running along the southern tip of the Eureka Littoral Cell. She prepared the cost estimate and site plan and supervised a restoration field crew throughout the life cycle of the project.
Redwood National and State Parks Prairie Creek Invasive Plant Treatment, Orick, CA Ms. Reynolds worked with multiple partners to manage invasive removal of Canada thistle (Cirsium arvense) using chemical treatment in the restoration and construction area of the previous Orick Mill Site on property owned by Save the Redwoods League. Ms. Reynolds supervised a restoration field crew with applicator licenses across mapped sites, two times each season over two years.
Additionally, she prepared all maps and annual reports, adhering to specified protocol and State Parks regulations, while completing project work on time and on budget.
August Fire and Lightening Fire Complex Plant Inventory, USFS, Ruth Lake and Willow Creek, CA Ms. Reynolds acted as Field Crew Supervisor and managed field crews tasked with plant inventory along dozer lines created during the August Fire Complex outside of Ruth Lake in Humboldt County and in the Willow Creek Area of Trinity County, CA. She created maps for navigation and field data collection, and managed data for staff entry.
Humboldt Bay Owl’s Clover Monitoring, Lanphere and Ma’le’l Dunes Unit, HBNWR, Arcata, CA Ms. Reynolds, as the designated Natural Resources Specialist for the Humboldt Bay National Wildlife Refuge, led annual mainland and biannual island monitoring of the endangered salt marsh species Castilleja ambigua ssp. Humboldtiensis (CAAM), Humboldt Bay owl’s clover. Vegetation surveys were completed using density sampling with a quadrat and transect methodology. Ms. Reynolds was also tasked with completion of post-survey data and management, analysis, and reporting, and oversight and training of field staff.
Mad River Floodplain and Public Access Enhancement Project, McKinleyville, CA Ms. Reynolds acted as Project Manager for active native plant restoration on land that is part of the Wiyot Tribe’s ancestral territory. Approximately 2.83 acres of the project area were planted using a plant palette designed and coordinated by Ms. Reynolds. She provided recommendations for shortterm and long-term maintenance and erosion control seed application.
Item #15. Page 48
Meeting Date: 9/24/2024 / Packet Page #: 2422
www.epdsolutions.com | 3333 Michelson Drive, Suite 500, Irvine, CA 92612 | 949-794-1180 Page 1 of 2 Due Diligence | Entitlement | Environmental Planning | Development & Construction Management | Policy Planning | Technical Services Meghan Macias, TE
Director of Technical Services
THE BOWERY, City of Santa Ana, 1,150
DU and 80,000 SF retail/ restaurant
BLOOMINGTON BUSINESS PARK,
San Bernardino County, Approx
2 Million SF Industrial
SADDLEBACK STADIUM EIR
ADDENDUM, City of Mission Viejo,
8,000-seat stadium
GEMINI SOLAR PROJECT,
Clark County, NV, 690-MW
solar power plant
TRANSIT VILLAGES SPECIFIC PLAN,
City of Redlands, Traffic and VMT
Analysis
VMT SCREENING THRESHOLDS,
City of Redlands, Development of VMT
Screening Thresholds, including GHGBased Threshold for VMT Guidelines
RHNA REZONE PROJECT,
City of Redlands, VMT Analysis
301 TENNESSEE STREET, City of
Redlands, 197,397 SF of General Light
Industrial
LANDAU BOULEVARD-RIO VISTA DR/
VERONA RD, City of Cathedral City
FERN AVENUE RESIDENTIAL, City of
Ontario, Traffic Signal Warrant Analysis
CHASE ROAD RESIDENTIAL,
City of Fontana, Traffic Safety Analysis
RHNA REZONING TIAS AND VMT
ANALYSES, City of Tustin, Three sites
including over 2,000 new dwelling units
REPRESENTATIVE PROJECTS PROFILE
Meghan’s primary responsibilities include preparation of technical analyses, of varied projects throughout California including land development, infrastructure, active transportation and Master/ Specific/ General Plans. Meghan has a proven track record of managing complicated and controversial projects to achieve defensible and implementable solutions to technical issues. Her expertise in traffic engineering and operations analysis methodologies is complemented by her knowledge of the California Environmental Quality Act (CEQA).
TRANSPORTATION PLANNING EXPERTISE
Meghan has over 20 years of experience in the transportation planning field and has worked on hundreds of projects throughout California. She has a deep understanding of the regulations and methodologies used by local and regional agencies including application of local traffic study guidelines, CMP, CEQA requirements, Mitigation Fee Act, SB 743, and the implementation of VMT analyses. Meghan uses her experience to provide strategic transportation planning services to public- and private- sector clients. Her work is focused on providing implementable solutions that satisfy various stakeholders including developers, local agencies, and affected citizens.
VEHICLE MILES TRAVELED (VMT) SCREENING THRESHOLDS, City of Redlands Started: 2020| Completed: 2020
Project Description: Meghan was EPD’s project manager for the project which included development of GHG-based VMT screening thresholds for the City of Redlands. The thresholds provided a technical and legal basis for identifying the project size for various land use types that would have a less than significant impact on VMT and would not require further analysis. The thresholds were reviewed by legal counsel for the City and SBCTA and were deemed defensible with adequate substantial evidence to support a finding of less than significant VMT impacts.
TRANSIT VILLAGES SPECIFIC PLAN TRAFFIC IMPACT ANALYSIS, Redlands, CA Started: 2021 | Completed: 2022
Project Description: Meghan was EPD’s Project Manager for the VMT analysis for the Transit Villages Specific Plan (TVSP) which included three transit villages surrounding the Arrow commuter rail line stations. The TVSP project included amendments to the City’s General Plan to establish a new Transit Village Development land use designation for use in the vicinity of the Arrow stations. The updated General Plan would allow an additional 2,400 dwelling units, 220 hotel rooms, 265,000 SF of retail commercial uses, 238,000 SF of office uses, and 280,000 SF of open space and parks. The project has been implemented by the City of Redlands.
Item #15. Page 49
Meeting Date: 9/24/2024 / Packet Page #: 2423
www.epdsolutions.com | 3333 Michelson Drive, Suite 500, Irvine, CA 92612 | 949-794-1180 Page 2 of 2 Due Diligence | Entitlement | Environmental Planning | Development & Construction Management | Policy Planning | Technical Services SLOVER/ALER TRAFFIC SAFETY STUDY, County of San Bernardino Started: 2022 | Completed: 2022
Project Description: Meghan was the Project Manager and principal reviewer for evaluation of prevailing safety conditions at the southeast corner of the intersection of Alder Avenue and Slover Avenue in unincorporated San Bernardino County. The project proposed the development of a 259,481 SF speculative high-cube warehouse near Bloomington High School. The safety assessment was conducted in response to concerns by the Colton Joint Unified School District. The safety assessment identified existing infrastructure deficiencies on the project perimeter. The adjacent intersection was assessed carefully with five-year crash data obtained from the University of Berkeley Transportation Injury Mapping System (TIMS) for the years 2015 to 2020 and indicated automobile right of way issues for northbound vehicles at the intersection. As a result of the study, EPD recommended a traffic signal be added to the intersection for improved safety.
LANDAU BOULEVARD-RIO VISTA DRIVE/VERONA ROAD TRAFFIC SIGNAL WARRANT ANALYSIS, Cathedral City
Started: 2023 | Completed: 2024
Project Description: Meghan was EPD’s Task Manager and principal reviewer for a traffic signal warrant analysis for the intersection of Landau Boulevard-Rio Vista Drive and Verona Road in Cathedral City. The analysis evaluated all warrants provided in the latest version of CAMUTCD, using collected traffic counts and the addition of traffic that would be generated by the development of 894 dwelling units previously evaluated in the Rio Vista Village Specific Plan but not yet constructed.
EDUCATION PROFILE
Master of Urban and Regional Planning
University of California, Irvine
Bachelor of Arts in Geography
California State University, Fullerton
PROFESSIONAL AFFILIATIONS
Orange County Association of Environmental Professionals, Treasurer Institute of Transportation Engineers (ITE)
Member of San Diego Section SB743 Subcommittee
Orange County Traffic Engineering Council (OCTEC)
CERTIFICATION
California Traffic Engineer 2697
Other project’s that Meghan has provided
principal management and review
include:
REDLANDS RHNA REZONING VMT
ANALYSIS, City of Redlands
301 TENNESSEE STREET TRAFFIC
IMPACT ANALYSIS, 197,397 SF OF
GENERAL LIGHT INDUSTRIAL,
City of Redlands
TUSTIN RHNA REZONING TIAS
AND VMT ANALYSES, three studies
evaluating over 5,700 dwelling units,
City of Tustin
CHASE ROAD RESIDENTIAL TRAFFIC
SAFETY ANALYSIS, City of Fontana
ADVANCED TECHNOLOGY
AND EDUCATION PARK (ATEP)
PLANNING AND COMPLIANCE
SERVICES, 60-ACRE TECHNOLOGY
AND OCCUPATIONAL TRAINING
COMMUNITY COLLEGE CAMPUS,
City of Tustin
FERN AVENUE RESIDENTIAL TRAFFIC
SIGNAL WARRANT ANALYSIS AND
STRIPING/SIGNING PLAN,
City of Ontario
BLOOMINGTON BUSINESS PARK
TIA AND VMT ANALYSIS, APPROX 2
MILLION SF INDUSTRIAL,
County of San Bernardino
Item #15. Page 50
Meeting Date: 9/24/2024 / Packet Page #: 2424
www.epdsolutions.com | 3333 Michelson Drive, Suite 500, Irvine, CA 92612 | 949-794-1180 Due Diligence | Entitlement | Environmental Planning | Development & Construction Management | Policy Planning | Technical Services Chad Karns
Transportation Manager
PROFILE
Chad has 25 years of experience in all aspects of transportation engineering, specializing in traffic engineering and transportation planning, with expertise involving the preparation of over 185 traffic impact studies, corridor studies, and transportation planning analyses. His work includes numerous residential and commercial developments, as well as local and state roadway and highway systems in multiple states (8) for both private and public sectors.
Chad has dedicated most of his career to evaluating traffic operations ranging from individual intersection analyses to freeway corridor alternatives analyses and citywide evaluations. He has led and completed traffic impact analysis projects for clients and has built and maintained traffic models for multiple cities. Chad prides himself on collaboration and teamwork and enjoys working on projects from inception through construction.
TRANSPORTATION PLANNING EXPERTISE
22ND AVENUE SPEED SURVEY, 16TH/BETTMAN/DICKEY CORRIDOR SPEED SURVEY, AND PARK ROAD BETWEEN 8TH AVENUE AND BEVERLY DRIVE, City of Spokane Valley Traffic Engineering Services Division Started: 2016 | Completed: 2018
Project Description: Worked with the City throughout the process from start to finish following Washington Administrative Code (WAC) 468-95-045 listing, several criteria for consideration when establishing the speed limit, including 85th percentile speed, roadway characteristics, pace speed, and roadside development and environment.
Chad worked with City staff scheduling counts, documenting prevailing speeds, study area documentation, data collection or roadway segments, speed study results including graph/chart preparation of 50th percentile speeds, 85th percentile speed, and 10 mph pace and 85th percentile speeds.
ROADWAY DESIGN, Idaho Transportation Department (ITD)
Started: 2007 | Completed: 2024
Project Description: Design of signing/striping plans, and traffic signals from preliminary and final design submittals through the PS&E deliverable process for projects most recently ranging from 20 million to 1 billion dollars. Chad also spent time in the field inspecting and confirming design standards for the construction of several roadway and bridge projects.
I-15 C-D ROADWAY SYSTEM IN CLARK COUNTY, Nevada Department of Transportation (NDOT)
Started: 2007 | Completed: 2007
Project Description: Conducted E&TS speed studies to address posted speed limits.
FIELD TECH, O’Rourke Engineering
Started 1999 | Completed 2000
Project Description: Set Jaymar Trax II traffic counters for both private and public entities collecting speeds for multiple projects in San Marcos, CA
REPRESENTATIVE PROJECTS
San Marcos Sub-area Model
City of San Marcos, California
North Boyer Development Traffic
Impact Analysis
City of Sandpoint, Idaho
Interchange Modification Report (IMR)
I-90, SH-41 Interchange
ITD District 1
Transportation Master Plan Update,
2017-2018
City of Post Falls, Idaho
City of Rathdrum Transportation Plan
Update
City of Rathdrum, Idaho
Parks Road Interchange Frontage Road
Traffic Impact Study
ITD District 1
Bonners Ferry Transportation Plan
City of Bonners Ferry, Idaho
Olympia Group, 2,700 Acres Master
Traffic Study
Clark County, Nevada
Multi-Way Stop and Traffic Signal
Warrant Analyses
Clark County, Nevada
Coyote Springs Master TIA (42,000
Acres) / Internal Roadway Traffic Study
(9,500 Acres)
Clark County, Nevada
Traffic Data Collection and SYNCHRO
Database Development
City of San Diego, California
Prescott Valley General Plan Update
Prescott Valley, Arizona
Spirit Lake Transportation Plan
City of Spirit Lake, Idaho
Love’s Travel Stop Traffic Impact
Analysis
City of Post Falls, Idaho
Coyote Springs Master TIA (42,000
Acres) / Internal Roadway Traffic Study
(9,500 Acres)
Clark County, Nevada
Prairie Crossing Traffic Impact Analysis
City of Post Falls, Idaho
EDUCATION PROFILE
University of Evansville, Indiana
Item #15. Page 51
Meeting Date: 9/24/2024 / Packet Page #: 2425
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GLENDORA
and
PLACEWORKS, INC.
Docusign Envelope ID: 4EDCDFFE-1D01-4330-89F7-70561C3753A1 Item #15. Page 52
Meeting Date: 9/24/2024 / Packet Page #: 2426
Agreement – Placeworks, Inc. (South Hills Bike Park CEQA Consultant) 09.24.2024 1
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF GLENDORA AND
PLACEWORKS, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 2024 by and between the City of Glendora, a California municipal corporation (“City”) and Placeworks, Inc., a California corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Glendora’s Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
Docusign Envelope ID: 4EDCDFFE-1D01-4330-89F7-70561C3753A1 Item #15. Page 53
Meeting Date: 9/24/2024 / Packet Page #: 2427
Agreement – Placeworks, Inc. (South Hills Bike Park CEQA Consultant) 09.24.2024 2 The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement. (c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records.
(e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing Docusign Envelope ID: 4EDCDFFE-1D01-4330-89F7-70561C3753A1 Item #15. Page 54
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Agreement – Placeworks, Inc. (South Hills Bike Park CEQA Consultant) 09.24.2024 3 work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees.
In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Consultant’s Authorized Initials ___________________
Randal W. Jackson, President
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement.
Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of Docusign Envelope ID: 4EDCDFFE-1D01-4330-89F7-70561C3753A1 Item #15. Page 55
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Agreement – Placeworks, Inc. (South Hills Bike Park CEQA Consultant) 09.24.2024 4 City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.
1.7 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.8 Further Responsibilities of Parties.
Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither Party shall be responsible for the service of the other.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $50,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services.
Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.10 Special Requirements.
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Agreement – Placeworks, Inc. (South Hills Bike Park CEQA Consultant) 09.24.2024 5 Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $137,908 (One Hundred Thirty-Seven Thousand Nine Hundred and Eight Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this Docusign Envelope ID: 4EDCDFFE-1D01-4330-89F7-70561C3753A1 Item #15. Page 57
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Agreement – Placeworks, Inc. (South Hills Bike Park CEQA Consultant) 09.24.2024 6 time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City Manager may, at his/her sole discretion, extend the Term for one (1) additional one-year term.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
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Agreement – Placeworks, Inc. (South Hills Bike Park CEQA Consultant) 09.24.2024 7 The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Randal W. Jackson, President
Kara L. Kosel, Vice President, Finance/CFO
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be, Recreation & Human Services Director or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service.
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Agreement – Placeworks, Inc. (South Hills Bike Park CEQA Consultant) 09.24.2024 8 all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant 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.
(a) 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. (b) 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 Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) 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 (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
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Agreement – Placeworks, Inc. (South Hills Bike Park CEQA Consultant) 09.24.2024 9 (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. 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 at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants.
(c) 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. (d) 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. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that 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 VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and 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 its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) 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.
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Agreement – Placeworks, Inc. (South Hills Bike Park CEQA Consultant) 09.24.2024 10 (h) 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. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (k) 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. (l) 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.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant.
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. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. (o) 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. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) 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.
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Agreement – Placeworks, Inc. (South Hills Bike Park CEQA Consultant) 09.24.2024 11 (q) 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.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
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Agreement – Placeworks, Inc. (South Hills Bike Park CEQA Consultant) 09.24.2024 12 Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services.
Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest.
Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use.
Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
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Agreement – Placeworks, Inc. (South Hills Bike Park CEQA Consultant) 09.24.2024 13 known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding.
Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default.
Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
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Agreement – Placeworks, Inc. (South Hills Bike Park CEQA Consultant) 09.24.2024 14 Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to Docusign Envelope ID: 4EDCDFFE-1D01-4330-89F7-70561C3753A1 Item #15. Page 66
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Agreement – Placeworks, Inc. (South Hills Bike Park CEQA Consultant) 09.24.2024 15 the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.9 Attorneys’ Fees.
If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a Party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer.
Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
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8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in Docusign Envelope ID: 4EDCDFFE-1D01-4330-89F7-70561C3753A1 Item #15. Page 68
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Agreement – Placeworks, Inc. (South Hills Bike Park CEQA Consultant) 09.24.2024 17 writing and approved by the Consultant and by the City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials ___________________
Randal W. Jackson, President
9.7 Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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Agreement – Placeworks, Inc. (South Hills Bike Park CEQA Consultant) 09.24.2024 18 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY:
City of Glendora, a municipal corporation
Adam Raymond
City Manager
APPROVED AS TO FORM: CERTIFY AVAILABILITY OF FUNDS:
ALESHIRE & WYNDER, LLP
Danny Aleshire
City Attorney
Kyle Johnson
Finance Director/City Treasurer
ATTEST:
Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:
PlaceWorks, Inc., a California corporation
Name: Randal W. Jackson
Title: President
[email protected]
Name: Kara L. Kosel
Title: Vice President, Finance/CFO
[email protected]
Address: 3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups:
1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
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EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following services:
A. See Exhibit “A-1” for a general description of the services.
II. As part of the services, Consultant will prepare and deliver the following tangible work products to the City:
A. An updated timeline for completion of the services.
B. Documents with all information listed in Exhibit “A-1”.
C. All items will be delivered in PDF format or whatever format is appropriate for a specific document.
III. In addition to the requirements of Section 6.2, during performance of the services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:
A. Consultant will provide the City with bi-monthly updates (twice per month) on percentage complete, timeline changes, any arising issues, and change orders needed.
IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Addie Farrell, Principal
B. Jorge Estrada, Senior Associate/Project Manager
C. Jennifer Kelley, Senior Associate/Analyst
D. John Vang, Senior Associate/Air Quality & GHG
E. Chris Shiels, Senior Associate/Noise
F. Dina El Chammas Gass/Senior Engineer
G. Natalie Phan, Planner/Analyst
H. Itzeel Padilla, Project Planner/Analyst
I. Sloane Sanchez, Hanna Resources, Senior Biologist
J. Candace Reynolds, Hanna Resources, Restoration Ecologist K. Megan Macias, EPD Solutions, Traffic Engineer
L. Chad Karns, EPD Solutions, Transportation Manager
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EXHIBIT “A-1”
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.
None.
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.
IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
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B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.
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EXHIBIT “C-1”
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
A. From date of Notice to Proceed (NTP), all deliverables listed in Exhibit “A-1” attached hereto within one (1) year.
II. Consultant shall deliver the following tangible work products to the City by the following dates.
A. From date of Notice to Proceed (NTP), all deliverables listed in the Exhibit “A-1” attached hereto within one (1) year.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
IV. The Consultant’s Proposed Schedule is attached as Exhibit “D-1”, which shall be updated from time to time at the request of the Contract Officer.
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EXHIBIT “D-1”
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