Kambiz Borhani, Finance Director I City Treasurer -~/G,,___· /~W ... ~ _ _,_. 1 1 _ _...../ ___ _
Approved by:
Julian A. Miranda, City Manager
BACKGROUND
Yellow Iron Real Estate, LLC, the Applicant, submitted a request to create a specific plan that includes the construction of a warehouse distribution center/industrial park totaling up to ±3,000,000 square feet with associated parking, and on-site mining and reclamation activities for property located at 15801 First Street (APNS 8533-009-025, 8533-009-026, 8533-009-027, 8533-009-028 & 8533-009-029), in the M-2 (Heavy Manufacturing) zone (Project). The application includes a request for a Specific Plan, General Plan Amendment, Zone Change, Zone Ordinance· Amendment, Tentative Parcel Map, Conditional Use Permit and the environmental analysis, which is required under the California Environmental Quality Act (CEQA) for land use entitlements.
The subject Project Reimbursement Agreement, which is attached for consideration, will reimburse the City for any fees incurred from consultants and attorneys as the City may require to process and negotiate permits, entitlements, and proposed Conditions of Approval of the proposed project. It will also reimburse the City for the environmental consultant, CEQA review and contract services, including but not limited to contract planning services and geotechnical review services. Staff is proposing the retention of Universal Engineering Sciences (UES), Inc. as a consultant to perform the environmental services for the proposed project. The contract with Universal Engineering Sciences (UES), Inc. for these services is being considered separately by the City Council and will be funded by the Developer through the Project Reimbursement Agreement.
FISCAL IMPACT
The City's General Fund will not be impacted. The Applicant will provide a deposit of $399,372.80 as an initial deposit to cover the estimated cost for this consultant's work.
The deposit amount represents the $249,510.00 contract service agreement by and between the City and Universal Engineering Sciences (UES), Inc., plus the required 28% administrative fee of $69,862.80, $30,000 for additional contract planning services, $30,000 for additional geotechnical review services, and $20,000 for legal review.
Additional supplemental deposits may include costs for Universal Engineering Sciences (UES), lnc.'s work as well as for any work by other consultants and attorneys retained for the proposed project.
ATTACHMENT
A. Project Reimbursement Agreement with IBY Property Owner, LLC Page2
ATTACHMENT "A"
PROJECT REIMBURSEMENT AGREEMENT
THIS PROJECT REIMBURSEMENT AGREEMENT (this "Agreement") is made as of October 11, 2023, by and between the City of Irwindale, a California municipal corporation ("City"), and IBY Property Owner LLC, a California limited liability company, ("Developer").
RECITALS
A. Developer has submitted to City an application to create a specific plan that includes the construction of a warehouse distribution center/industrial park totaling up to ±3,000,000 square feet with associated standard vehicle and trailer parking, and on-site mining and reclamation activities for property located at 15801 First Street ((APNS 8533-009-025, 8533-009-026, 8533-009-027, 8533-009-028 & 8533-009-029) ("Project").
C. Pursuant to California Environmental Quality Act ("CEQA"}, the Project must be reviewed by City for potential additional environmental impacts.
Environmental analysis is required under CEQA for land use entitlements. An Initial Study will be prepared, as part of the preparation of an environmental document for the Project. City will retain the services of outside consultants due to the nature and scope of the Project.
D. City and Developer agreed to enter into this Agreement to provide for the reimbursement of City by Developer for certain expenses to be incurred by City in undertaking the review of the Project pursuant to CEQA and preparation of the appropriate agreements to undertake the Project.
E. City and Developer desire to enter into this Agreement for the purpose of establishing the rights and responsibilities of each party with respect to the processing of Developer's application for the Project, the preparation of the environmental document for the Project and the reimbursement of the costs associated therewith.
NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants, and conditions herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Application Processing.
City shall diligently process Developer's application for the Project in compliance with applicable laws and shall cause to be prepared an environmental document for the Project in compliance with the CEQA (California Public Resources Code Section 21000 et seq.) and regulations promulgated pursuant thereto.
Developer acknowledges that this Agreement does not constitute a commitment by City to take any particular action either in favor of or against the merits of Developer's application.
2. Payment.
A. Developer shall be responsible for, and shall reimburse City for, all direct and indirect costs, fees and expenses of City related to review and City's undertaking of the planning, design, and permitting for the Project, including processing and negotiating any permits, entitlements and proposed conditions of approval for the Project. Developer's reimbursement shall be inclusive of any City efforts to facilitate the review and approval of the Project by other agencies, as may be needed, and the processing of the approvals which requires an analysis and approval under CEQA laws and regulations (the "City Costs"). City Costs include, but are not limited to:
(a) City Attorneys' fees, at a rate not to exceed $350.00 per hour including but not limited to, for drafting, negotiating and reviewing this Agreement, contracts with Consultants, contracts with other agencies and public agencies, and any documents that the City deems necessary in connection with undertaking of the planning, design, permitting, and for the processing of the Project approvals, (b) staff time required for drafting, negotiating and reviewing this Agreement, contracts with Consultants, and contracts with other agencies and public agencies, and any documents that the City deems necessary in connection with undertaking of the processing, planning, design, and permitting for the Project; and (c) all costs associated with Sections 2(a) and 2(b) above, including consultant costs and fees; (d) all costs related to studies, reports and design services for the development of any Project-related infrastructure; (e) all costs related to investigations of the Property or the Project; and (f) any other fees and costs deemed necessary by the City in order to process, review, or act upon or complete the Project. Developer's obligation to deposit and reimburse City Costs are in addition to Developer's duty to indemnify, defend, and hold harmless City, as set forth in Section 8, below.
B. Within five (5) days of the City's approval of this Agreement, Developer shall pay to City a Jump sum deposit in the amount of THREE HUNDRED AND
NINETY-NINE THOUSAND AND THREE HUNDRED AND SEVENTY-TWO
DOLLARS AND EIGHTY CENTS ($399,372.80) ("Initial Deposit"), which deposit represents City's best estimate of Developer's ultimate obligation hereunder with respect to the Expenses.
C. If City subsequently determines that the Initial Deposit is insufficient, which determination shall be based on the actual Expenses incurred by the City hereunder, then upon receipt of twenty (20) days written notice from City, Developer shall pay City a lump sum deposit in the amount reasonably estimated by City to be sufficient to cover the excess (each a "Supplemental Deposit"). If Developer does not pay the Initial Deposit per Section 2.B above or any Supplemental Deposit when required under this Section 2.C. to - 2 -
City, work on the environmental document shall be suspended until the applicable Initial or Supplemental Deposit is made to City.
D. City shall provide Developer with a monthly accounting of City's use of the Deposits to pay Expenses within a reasonable time after the end of each calendar month during the term of this Agreement.
E. City shall promptly refund to Developer any amount of Developer's Deposits that remain unexpended at the end of the Project as well as provide Developer with a final monthly accounting of City's use of the Deposits. For purposes of this paragraph, "the end of the Project" means the time at which: (i) City's contractual liabilities to the CEQA Consultant under the Consultant Agreement and the Additional Consultants under the Contracts have been satisfied; and (ii) the earliest to occur of (a) City has rendered a final decision on the Project or (b) Developer has abandoned the Project pursuant to Section 3 below. As of the date of any termination of this Agreement, such termination shall also terminate any further funding or other obligations hereunder; except that Developer shall remain obligated to reimburse City for City's Expenses incurred prior to the date of termination of this Agreement.
F. Notwithstanding any provision herein to the contrary, the parties agree that the City's obligations to make payments to the CEQA Consultant pursuant to the Consultant Agreement and to the Additional Consultants pursuant to any Contracts shall be independent of and governed solely by the provisions of the Consultant Agreement and Contracts, as applicable. City shall make any payments to the CEQA Consultant when provided by the Consultant Agreement and to the Additional Consultants pursuant to the Contracts irrespective of any dispute arising hereunder.
3. Abandonment of Project. This Agreement does not constitute a commitment by Developer to proceed with the Project and Developer may choose to not proceed with the Project at any time for any or no reason whatsoever. If Developer should abandon the Project prior to a final decision on its application by City, then Developer may give written notice of such abandonment to City and City shall immediately suspend preparation of the environmental document and all other aspects of the environmental review for the Project.
4. Conflicts of Interest.
A. During the existence of City's contract with the CEQA Consultant, and for a period of one ( 1) year after final resolution of Developer's application for the Project, neither Developer, nor any of its representatives, agents or other persons acting in concert with Developer, shall enter into any financial relationship with the CEQA Consultant or with any City official or employee. Nor, during such period, shall Developer propose to enter into any future relationship with the CEQA Consultant or with any City official or employee.
- 3 -
B. Developer makes the following warranties for the 12-month period preceding the submission of its application for the Project. Developer warrants that it has not entered into any arrangement to pay financial consideration to, and has not made any payment to, the CEQA Consultant or any of the CEQA Consultant's agents or employees. Developer further warrants that it has not entered into any arrangement to pay financial consideration to, and has not made any payment to, any City official, agent or employee that would create a legally cognizable conflict of interest as defined in the Political Reform Act (California Government Code Sections 87100 et seq.).
C. The parties acknowledge and agree that processing of Developer's application for the Project is not contingent on the hiring of any specific contractor.
D. The parties acknowledge and agree that Developer's duty to reimburse City is not contingent upon City's approval or disapproval of the Project or upon the result of any action of the City but that it is contingent on City's compliance with the terms and conditions of this Agreement.
E. Neither Developer nor its officers, employees or agents shall communicate with the CEQA Consultant or any Additional Consultant during the term of this Agreement, unless specifically authorized or requested to do so in writing by City.
5. Approval of Consultant Contract and Contracts. City shall promptly provide copies of (a) the proposed Consultant Contract; (b) any and all proposed Contracts; and (c) proposed amendments and supplements to the Consultant Contract and Contracts that would have the effect of revising the schedule or scope of work for such CEQA Consultant or Additional Consultant, prior to the execution thereof by City. Developer shall have a reasonable time thereafter within which to review and provide comments to and consult with City on such proposed Consultant Contract and Contracts and amendments and supplements thereto, but shall have no right to prevent their execution; provided, however, that Developer shall not be obligated to pay Expenses based upon a change in scope or schedule of any of them unless Developer has reviewed and approved such Consultant Contract or Contract or change thereto. Notwithstanding anything in this Agreement to the contrary, City may not revise, supplement or amend the scope of work proposed to be undertaken by the Environmental Consultant pursuant to the Consultant Contract without obtaining Developer's prior consent. Upon the execution of (i) the Consultant Contract and any amendments thereto by Environmental Consultant and City; and (ii) any Contracts and any amendments thereto by Additional Consultants and City; Developer's obligations with respect to such executed Consultant Contract and Contracts (each as amended} will be governed by the terms and conditions of this Agreement.
6. Notices. Any notices, bills, invoices or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand - 4 -
during receiving party's regular business hours or by facsimile before or during receiving party's regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid, to the addresses below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.
City:
City of Irwindale
Attention: Chief Deputy City Clerk
5050 N. Irwindale Avenue
Irwindale, CA 91706
Developer:
IBY Property Owner, LLC
Attn: Adam Sher
11 O East Houston Street, 3rd Floor
San Antonio, Texas 78205
7. Litigation. In the event that either party shall commence any legal action or proceeding to enforce or interpret this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees. The venue for any litigation shall be Los Angeles County. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the drafting party. This Agreement shall be governed by and interpreted under the laws of the State of California.
8. Hold Harmless. Developer shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees (collectively, the "Indemnified Parties"), from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including, without limitation, reasonable attorneys' fees) (collectively, "Claims") arising out of a default by Developer of its obligations under this Agreement and the preparation by the City of the environmental document for the Project; provided, however, that the foregoing covenant to defend, indemnify and hold harmless the Indemnified Parties from and against any Claims shall not apply to any Claims (a) arising from the sole negligence, or fraud or intentional misconduct, of any Indemnified Party; or (b) covered by insurance.
9. Entire Agreement. This Agreement represents the entire and integrated agreement between City and Developer as to the subject matter contained herein. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any - 5 -
provision or breach hereof waived, except in a writing signed by the parties, which writing expressly refers to this Agreement.
10. Time of the Essence. Time is of the essence of each and every provision of this Agreement.
11. Counterparts. This Agreement may be executed in two or more fully or partially executed counterparts, each of which will be deemed an original binding the signer thereof against the other signing parties, but all counterparts together will constitute one and the same instrument.
12. Severability. Any term or provision of this Agreement that is invalid or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement, or affecting the validity or enforceability of any of the terms or provisions of thisAgreement.
13. Further Assurances. Each party, at the request of the other, shall execute, acknowledge or have notarized (if appropriate) and deliver in a timely manner such additional documents, and do such other additional acts, also in a timely manner, as may be reasonably required in order to accomplish the intent and purposes of this Agreement.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
- 6 -
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
ATTEST:
Laura M. Nieto, MMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
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CITY OF IRWINDALE, a municipal
corporation
H. Manuel Ortiz, Mayor
"DEVELOPER":
IBY Property Owner LLC, a California
limited liability company
By: ____________ _
Name: Adam Sher
Title: President
Address: 11 O East Houston Street,
3rd Floor
San Antonio, Texas 78205
By: ____________ _
Name: Justin Burden
Title: General Counsel
Address: 110 East Houston Street,
3rd Floor
San Antonio, Texas 78205
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the docun1ent to \vhich this certificate is attached, and not the truthfulness, accuracy or validity of that docun1ent.
STATE OF CALIFORNIA
COUNTY OF
On before me, , Notary Public, personally appeared who
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
D INDIVIDUAL
D CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
D PARTNER(S) D LIMITED
D GENERAL NUMBER OF PAGES
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D DATE OF DOCUMENT
OTHER
-
-- SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
--
--
- 8 -
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the docwnent to 'vhich this certificate is attached, and not the truthfulness, accuracy or validity of that docun1ent.
STATE OF CALIFORNIA
COUNTY OF ______ _
On before me, , Notary Public, personally appeared who
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ______________ _
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
D
D
D
D
D
TITLE(S)
PARTNER(S) 0 LIMITED
0 GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER __________ _
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
- 9 -
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
l8City Council
DSuccessor Agency
DHousing Authority
D Reclamation Authority
DJoint Powers Authority
Date: October 11, 2023
Ctty o/
IRWINDALE
AGENDA REPORT
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
CC ltem9
Issue: Acceptance of California Office of Traffic Safety (OTS) Federal Grant Funds in the amount of $104,000 for Traffic Safety Education and Impaired driving enforcement.
City Manager's Recommendation:
Adopt Resolution No. 2023-75-3453 entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF IRWINDALE APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2023-2024 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) SUB-RECIPIENT AGREEMENT BETWEEN CALIFORNIA OFFICE OF TRAFFIC
SAFETY (OTS) AND THE CITY OF IRWINDALE AND APPROVING THE ACCEPTANCE
AND APPROPRIATION OF THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FEDERAL GRANT FUNDS IN THE AMOUNT OF $104,000 FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP)"
Administrative Action:
Submitted by:
Chris Hofford, Chief of Police
(626) 430-2234
Prepared by:
Manny Campos, Police Sergeant
Reviewed by:
Adrian Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:
Julian A. Miranda, City Manager
Electronically Approved
Electronically Approved
Electronically Approved
Background and Analysis:
The Irwindale Police Department ("IPD") applied and participated in a competitive grant process offered through the California Office of Traffic Safety (OTS). The Board of Directors approved the IP D's grant request in June of 2023 for $104,000.
The funding program titled, Selective Traffic Enforcement Program (STEP), will fund officers on an overtime basis to enforce drunk/impaired driving, distracted driving, and court sting operations and provides educational presentations to the local community. The grant also includes training for officers in drug recognition, standardized field sobriety . testing and advanced roadside impaired driving enforcement. The grant will also allow Irwindale Police Officers to focus on deadly street racing. The grant includes $12,000 for the Irwindale Police Department to acquire a new Radar Trailer to help educate and reduce speeding vehicles traveling through our city streets.
The goal of the Irwindale Police Department is to reduce the number of injuries and deaths caused by drunk and impaired drivers and to improve the quality of life of those who drive the City's streets every day. It will also help officers enforce intersection takeovers by street racers.
STEP is scheduled to begin after City Council adoption, and will operate for one year.
Fiscal Impact:
There will be no fiscal impact to the General Fund, as the grant operations are fully funded through the Federal OTS grant in the amount of $104,000.
Attachments:
2023-2024 Selective Traffic Enforcement Program (STEP) Sub-recipient agreement between California Office of Traffic Safety (OTS) and the City of Irwindale.
Page2
RESOLUTION NO. 2023-75-3453
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2023-2024 SELECTIVE
TRAFFIC ENFORCEMENT PROGRAM (STEP) SUB-RECIPIENT AGREEMENT
BETWEEN CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) AND THE CITY OF
IRWINDALE, AND APPROVING THE ACCEPTANCE AND APPROPRIATION OF THE
CALIFORNIA OFFICE OF TRAFFIC SAFETY FEDERAL GRANT FUNDS IN THE AMOUNT OF $104,000 FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP)
WHEREAS, the Irwindale Police Department wishes to enhance the quality of service to the community by seeking grant funds to supplement the Police Departments budget; and
WHEREAS, the Irwindale Police Department applied and participated in a competitive grant process offered through the California Office of Traffic Safety (OTS); and WHEREAS, the City of Irwindale Police Department was approved for funding in the amount of $104,000 through a grant by the State of California Office of Traffic Safety for the enforcement of drunk and impaired driving, distracted driving, court sting operations and providing educational presentations to the community. The program also seeks to prevent street racers through the city streets of Irwindale; and WHEREAS, the Irwindale Police Department will utilize the funding over a period of one year to administer the grant and implement educational and enforcement programs designed to reduce the number of injuries and deaths caused by drunk and impaired drivers.
This grant will also help Irwindale Police Officers improve the quality of life of those who drive the City's streets every day.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, HEREBY RESOLVES DETERMINES, AND ORDERS AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and incorporated herein by this reference.
SECTION 2. The City Council of the City of Irwindale hereby approves and accepts the grant of $104,000 from the California Office of Traffic Safety. The FY 2023-2024 Office of Traffic Safety Federal Grant funds are hereby appropriated to be used for grant management and administration, and the implementation of educational and enforcement programs designed to deter drunk and impaired drivers. Of the $104,000 federal grant award, $84,000 will be overtime expenses, $4,500 will be for training expenses, and $3,500 will be used for operating supplies and expenses during the grant period. Additionally, Resolution No. 2023-75-3453
$12,000 of the grant funds shall be appropriated for the purchase of a new radar trailer to help educate motorists and reduce incidents of speeding vehicles.
SECTION 3. The City Council hereby approves, and the City Manager is authorized to sign the 2023-2024 Selective Traffic Enforcement Program (STEP) Sub-recipient agreement between California Office of Traffic Safety (OTS) and the City of Irwindale, attached hereto as Exhibit "A". City staff are hereby authorized to take all steps necessary to carry out the intent and purposes of this resolution.
SECTION 4. The Chief Deputy City Clerk shall attest to the adoption of this resolution, which shall, in turn have immediate effect.
PASSED, APPROVED AND ADOPTED this 111h day of October, 2023 ATTEST:
Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2023-75-3453
H. Manuel Ortiz, Mayor
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I Laura Nieto, Chief Deputy Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2023-75-3453 was duly adopted by the City Council of the City of Irwindale at a regular meeting thereof held on the 11th day of October, 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
ABSENT: Councilmembers:
Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2023-75-3453
0City Council
DSuccessor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: October 11, 2023
Cityef
IRWINDALE
AGENDA REPORT
To:
From:
Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item 10
Issue: Rejection of Claim: Anthony Carruthers vs. City of Irwindale.
City Manager's Recommendation:
Staff recommends City Council (1) Reject the claim of Anthony Carruthers vs. City of Irwindale; and (2) Direct staff to send a letter of rejection.
Administrative Action:
Submitted by:
Theresa Olivares, Assistant City Manager
Prepared by:
Laura Nieto, Chief Deputy City Clerk
Reviewed by:
Adrian R. Guerra, City Attorney Electronically Approved Kambiz Borhani, Finance Director I City Treasurer
Approved by:
Julian A. Miranda, City Manager
01005.0001/927664.1 Page 1
Background and Analysis:
On August 31, 2023, the City received a claim for damages from claimant Anthony Carruthers. Claimant Carruthers alleges that while driving on the 210 freeway, a metal object in the road either came off of or was struck by an Irwindale Police Department vehicle, and then struck his vehicle, causing damage to the grill of his car.
The claim was reviewed by the City's claims adjuster, Carl Warren & Co., who has recommended the rejection of the claim. Their recommendation is made on the basis that the City does not own, control, or maintain the 210 Freeway and the object that caused the damage is not associated with a City vehicle. Moreover, the City did not have prior notice of the object. Accordingly, staff is recommending that the City Council reject the claim and direct staff to send a standard letter of rejection. Alternatively, the City Council may direct the City Manager to negotiate resolution of the claim.
Fiscal Impact:
None.
Attachment:
Recommendation for Rejection
Claim for Damages received August 31, 2023
Rejection of Claim
Guerrero, Mireya vs. City of Irwindale
CARL WARREN & COHPAMV
A (\IJVENBROOK Company
October 3, 2023
TO: City of liwIDdale
ATI'ENTION: Laura Nieto
RE: Clai.mmt
Member
Date Received
Date ofEvent
CW File Number
Anthony Carrulbers
City of IrwIDdale
813112023
712812023
CJP-3049665
Please allow this corresp<>nderu:e to acknowledge receipt of the captioned claim_ Please take the following action:
• CIAJM Rf.WCJJON · Send a standard rejection Je-tter to the cL'limant.
Please include a Proof of Mailing with your rejection notice to the claimant An exemplar copy of a Proofof Mailing is attached. Please provide ns with a copy of the Notice of Rejection and copy of the Proof of Mailing. If you have any questions feel free to contact the assigned adjnstec or the undersigned claims specialist
01005.0001/927664.1
Best~ds
CARL WARREN & CO.
t;~R~
Glen Raphael
Senior Claims Examiner
PO Box 24l1, Tustin. CA 92781
T: 657-.622-4200 j F: 866-254-4423 I www.cariwarren.com CA license 1126072~6
Rejection of Claim
Guerrero, Mireya vs. City of Irwindale
-
INSTRUCTIONS
CITY OF IRWINDALE
CLAIM FOR DAMAGES
TO PERSON OR PROPERTY
1. Claims for death, Injury to person or to personal property must be flied not later than 6 months after the occurrence.
RECEIVED
2. Claim$ for damages to real property must be filed not later than 1 year after occurrence. AUG 8 1 2023 City OF IRWINDALJi;
CJTy £~~~DEPT.
3. Read entire claim before filing.
4. See page 2 for diagram upon which to locate place of accident.
6. This claim for must be signed on page 2 at bottom.
6. Attach separate sheets if necessary to give full details. Sign each sheet
7. File with City Clerk, 5050 N. Irwindale Ave., Irwindale, CA 91706 To: City of Irwindale
Name of Claimant
Anthony Carruthers
Filing Stamp
Claimant's Date of Birth
Claimant's
-
Occupation
Business Telephone Number
Name and address to which you desire notices or communications to be sent regarding this claim:
Names of any City employees involved in INJURY or DAMAGE Where did DAMAGE or INJURY occur? Describe in full detail and locate on diagram on page 2. Where appropriate, give street names, addresses, and measurements from landmarks:
On the 210 FWY Eastbound, about a half a mile west oflrwindale Blvd Describe in detail how the DAMAGE or INJURY occurred.
I was driving my vehicle in the carpool lane on the 210, eastbound. An Irwindale Police SUV approached from the rear with lights flashing, travelling at a high speed. I moved over to let the vehicle pass. When it had passed, it either ran over a metal object, propelling it into the air, or the metal object flew off of the police vehicle. In any case, the object flew through the air and hit the front grill of my car, causing the c!amagec!almedhere. t'M U-r W<L-'?. )"V' v<~v\1-. Could""'\- s +;, :r: '\::,.
Why do you claim the City of hwindale is responsible?
Because it happened in Irwindale and a city employee/vehicle caused the projectile to fly through the air and damage my car.
What DAMAGE or INJURIES do you claim resulted? Give full extent of Injuries or damage claimed.
Page4
Damage to front grill and bumper of my vehicle, as well as damage to the collision prevention sensor. More detailed descriptions of damage available from the body shop that performed the repairs.
Rejection of Claim
Guerrero, Mireya vs. City of Irwindale
Claimant's Name:
Anthony Carruthers
State the amount which you are claiming as of the date of presentation of this claim. Give basis of computation. $1000. This is the arnonnt of the deductible that I had to pay out of pocket. The repairs were in excess of this amount.
Give estimated amount of future losses due to INJURY or DAMAGE:
$1000 loss in resale value
Was damage and/or injury investigated by the pol!ce? NO If yes, whal City? Were paramedics or ambulance called? NO If yes, name City or ambulance If injured, give name and address of your doctor and the date and time of your first visit:
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Doctor Address Date Hospitalized
Hospital Address Date Hospitalized
Hospital Address Date Hospitalized
Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information:
Dannon Green Unknown 818-439-8774 Name Address Phone
Name Address Phone
READ CAREFULLY
For all accident claims, indicate on the diagram street names, including North, East, South, and West. Indicate place of accident with an "X". Indicate house numbers or distances to street corners.
If a City vehicle was involved, designate with an "A" the location of the City vehicle when you first saw it, and with «9» the location of yourself or your vehicle when you first saw the City vehicle. Indicate location of City vehicle at the time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1R. Mark the point of impact with an "X~. Note; If diagram below does not flt the situation, attach a proper diagram signed by claimant. _J II
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Rejection of Claim
Guerrero, Mireya vs. City of Irwindale
Rejection of Claim
Guerrero, Mireya vs. City of Irwindale
ISICity Council
DSuccessor Agency
DHousing Authority
DReclamation Authority
DJoint Powers Authority
Date: October 11, 2023
City of
IRWINDALE
AGENDA REPORT
To:
From:
Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item 13
Issue: Award of Contract for Design Services for the Civic Center Exterior Improvements Project; P-1054
City Manager's Recommendation:
That the City Council (1) authorize the City Manager to enter into an agreement with IMEG Corp. in the amount of $281,620 for design services for the preparation of construction documents for the Civic Center Exterior Improvements Project; and (2) approve a 15% project contingency in the amount of $42,243 to cover any unforeseeable changes that may arise during design.
Administrative Action:
Submitted by:
Eddie Chan,
Director of Engineering/ Building Official
Prepared by:
Luis Pimentel, Associate Engineer
(626) 430-2259
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:
Julian A. Miranda, City Manager
01005.0006/928580.1
Electronically Approved
Electronically Approved
Electronically Approved
Background and Analysis:
The Civic Center public parking lot provides parking and access to the Civic Center Campus, which includes the City Hall, Aquatic Center, Recreation Center, Library, Irwindale Park, and the Police Department. This parking lot has remained largely unchanged since its original asphalt installation in the mid-1960s, with periodic maintenance limited to Slurry Seal applications and striping updates. Furthermore, this parking lot is also heavily used throughout the day, especially during major City events, such as the Music in the Park series and the MariachiFest. On August 14, 2023, staff solicited a Request for Proposals (RFP) for design services for the preparation of comprehensive construction documents - Plans, Specification, and Estimate (PS&E) for the Civic Center Exterior Improvements Project. This Project consists of improvements to the frontage along the City Hall/Police Department building which includes additional parking spaces; installation of a new water fountain feature and a digital display sign, and the modification of landscape, irrigation and hardscape elements. This RFP was advertised in the San Gabriel Valley Tribune and on the City of Irwindale website for all prospective consultants to propose their qualifications.
Over the course of the advertised RFP, staff received RFl's and letters of intent to propose from three (3) qualified firms. On September 5, 2023, staff received a proposal from one (1) of the qualified professional engineering firms with the following results:
PROPOSAL FOR THE DESIGN SERVICES FOR THE IRWINDALE CIVIC CENTER EXTERIOR IMPROVEMENTS PROJECT, P-1054
CONSULTANT RANKING FEE PROPOSAL COMMENTS
IMEG Corp. 1 $ 317,250
Architerra Design Group No Bid Submitted
NOVA Services, Inc. No Bid Submitted
Staff proactively engaged with firms that had initially expressed interest in the project but ultimately chose not to submit a proposal. The feedback received from these firms indicated that their decision was primarily driven by two key factors: Capacity Constraints - firms cited that their current workload and commitments were substantial, leaving them with limited capacity to take on this additional project. Project Schedule - due to their existing workload and commitments, they were unable to align with the proposed timeline for this project.
Staff evaluated IMEG Corp.'s proposal based on compliance with the RFP requirements, project understanding and approach, experience, level of effort, schedule, and costeffectiveness to provide efficient services. IMEG Corp. was determined to be qualified for the project due to their qualification, providing a tailored approach to the City's needs, an efficient schedule, and demonstrating relevant experience on similar projects. Subsequent to the proposal evaluation, our staff engaged in fee negotiations with IMEG Corp. and ultimately settled at the amount of $281,620.
Staff recommends awarding the contract to IMEG Corp. for design services for the preparation of PS&E for the Irwindale Civic Center Exterior Improvements Project.
The attached contract agreement has been reviewed and approved as to form by the City Attorney's office.
Fiscal Impact:
The total design cost for the preparation of PS&E of the Irwindale Civic Center Exterior Improvements Project will be $323,863 ($281,620 + $42,243 (15% Contingency)). The Capital Improvement Project (CIP) No. (48-80-800-45200-8245) in the adopted FY 2023-2024 budget includes $1,249,575 ($400,000 (from General Fund (GF)) + $849,575 (from Developer's Impact Funds (DIF)) for both design and construction of this project. Therefore, sufficient funding is available for this contract and no additional money is being requested.
Attachments:
• Contract Agreement for Professional Consultant Services 01005.0006/928580.1 Page3
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF IRWINDALE AND
IMEG CORP. FOR
DEGISN SERVICES FOR THE IRWINDALE CIVIC CENTER EXTERIOR IMPROVEMENTS PROJECT; P-1054
This AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into this 11th day of October, 2023 by and between the CITY OF IRWINDALE, a California Charter City and municipal corporation ("City") and IMEG Corp., 300 N. Lake Ave., 12th Floor, Pasadena, CA 91101 ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local govermnental agency of competent jurisdiction.
1.3 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 the Agreement.
1.4 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set fotih 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.
2. COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Two Hundred Eighty-One Thousand Six Hundred Twenty Dollars ($281,620) ("Contract Sum").
2.2 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 01005.0006/928581.l 1
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 detail charges for all necessary and actual expenses by the following categories: labor (by subcategory), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor 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 arn 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, 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 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 the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.3 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 cost 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 15 percent (%) of the Contract Sum but not exceeding a total contract amount of FortyTwo Thousand Two Hundred Forty-Three Dollars ($42,243) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence m the perfmmance 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 thirty (30) 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, 01005.00061928581.1 -2-
riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (I 0) 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").
4. COORDINATION OF WORK
4.1 Representative of Consultant. Mr. John Thompson, PE is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All pers01mel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. 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, and shall keep City informed of any changes.
4.2 Contract Officer. Mr. Julian A. Miranda [or such person as may be designated by the City Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith ("Contract Officer").
4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.
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. Consultant shall perform all services required herein as an independent contractor of City 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, or that it is a member of a joint enterprise with City.
5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this 01005.0006/928581.1 -3-
Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) Commercial General Liabilitv Insurance (Occurrence Form CGOOOl or eguivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or ifa general aggregate limit is used, either the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including "any auto" and endorsement CA 0025 or eguivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence and property damage liability limits of $150,000 per occurrence or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars, and any other automobile.
( d) Professional Liability. Professional liability insurance appropriate to the Consultant's profession. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services perfo1med under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. ( e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit "B".
(f) 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 be subject to all of the requirements stated herein.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and 01005.0006/928581.1 -4-
their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the rep01iing or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City's Risk Manager or other designee of the City due to unique circumstances.
5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indenmify, 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, finn 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, invitees, or any individual or entity for which Consultant is legally liable ("indenmitors"), or arising from Consultant's or indenmitors' 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, except claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and 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 and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during n01mal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.
01005.0006/928581.l -5-
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 or as the Contract Officer shall require.
6.3 Confidentiality and Release oflnformation.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant 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 infonnation concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives the City notice of such court order or subpoena.
( c) If Consultant provides any information or work product in violation of this Agreement, then the 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 the City should Consultant 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 perfonned thereunder. The 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 the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.
6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the "documents and materials") prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the 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 the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder.
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.
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 Co mt of the County of Los Angeles, 01005.0006/928581.l -6-
State of California. In the event oflitigation 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, if circumstances wauant. 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. If Consultant does not cure the default, the City may take necessary steps to tenninate this Agreement under this A1iicle.
7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, couect 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 contra1y provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.
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.
7.4 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 tennination 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 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. In the event the Consultant has initiated tennination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit "C''. 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. 0 I 005.0006/928581.I -7-
7.5 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.
8. MISCELLANEOUS
8 .1 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 ensure 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
8.2 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.
8.3 Notice. 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 Irwindale, 5050 N Irwindale Ave, Irwindale, CA 91706 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. 8 .4 Integration; Amendment. 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, auangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.
8.5 Severability. In the event that part of 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 portions of this Agreement which are hereby declared as severable and shall be interpreted to cauy 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. 01005.0006/928581.1 -8-
8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. 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.
8.7 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 any be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment.
8.8 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 patiy by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.9 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.
8.10 Wan-anty & 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 patiicipate 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 Gove=ent Code Sections 1091 or 1091.5. Consultant wan-ants 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 watTants 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 ---
8.11 Cm;porate Authority. The persons executing this Agreement on behalf of the parties hereto wan-ant 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) the 0 1005.0006/9285 81.1 -9-
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 the following page.]
01005.0006/928581.1 -10-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
ATTEST:
Laura Nieto, Chief Deputy City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
CITY:
CITY OF IRWINDALE, a municipal corporation
Julian A. Miranda, City Manager
CONSULTANT:
IMEGCoro.
By: ______________ _
Name:
Title:
By: ______________ _
Name:
Title:
Address: 300 N. Lake Ave., 12'h Floor
Pasadena, CA 91101
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: I) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. 01005.0006/928581.1 -11-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2022 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ------
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL NUMBER OF PAGES
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 01005.0006/928581.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2022 before me, personally appeared , proved to me on the basis of satisfactmy evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
D INDIVIDUAL
D CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
D PARTNER(S) D LIMITED
D GENERAL NUMBER OF PAGES
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER DA TE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 01005.0006/928581.l
EXJilBIT "A"
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. Review of existing site conditions and any available plans of the Civic Center area that are provided by City staff.
B. Conduct a parking study to provide proper parking spaces needed for the entire Civic Center campus, including but not limited to the City Park, Recreation Building, City Hall and the proposed 12,800 square foot Library that is planned to be constructed south of City Hall by 2026.
C. Prepare a complete Plan, Specification, and Estimate (PS&E) for demolition of existing site which includes:
a. Landscape
b. Curb and gutter
c. Hardscape
d. Fountain
e. Any other items from existing site observations
D. Prepare a complete PS&E for construction of new facilities which include:
a. Grading and drainage plan for the new site.
b. Asphalt concrete parking area consisting of aggregate sub-base and asphalt overlay, cross gutter for drainage and striping for parking. c. Installation of curb and gutter and concrete sidewalk. d. Installation of new fountain with all mechanical, electrical and plumbing components included
e. Installation of new digital display sign with all structural, mechanical and electrical components included.
f. Landscape and Irrigation for modified landscape area and the new parking lot area.
g. Electric vehicle ready charging infrastructure according to the standards outlined by the California Green Building Standards Code E. Provide a full set of technical specifications with special provisions for the Project.
F. Provide a PS&E consisting of 60% construction documents on first submittal and 90% construction documents on second submittal for City review. Consultant will address any comments on submittals from City staff and revise all documents to incorporate said comments in the final design for review.
G. Provide a preliminary cost estimate before construction documents are completed and finalized cost estimate at 100% construction documents. The cost estimates should be detailed and itemized.
01005.0006/928581.l A-1
H. Obtain all necessary plan check approvals from all appropriate agencies for the design plans and all calculations (building and safety, fire department, etc.).
I. Pay all fees associated with plan check approvals from outside agencies (non-City of Irwindale departments).
J. Provide plans, specifications and estimates in reproducible form based on staff connnents and applicable Federal, State and City regulations.
K. Provide copy of all AutoCAD files for design in Electronic Format (CD, USB or Online File Share platform).
L. Provide technical support during the bid process and post bid evaluation process, including answering bidder's questions, evaluation of the lowest responsible bidder, qualifications and references, and the overall integrity of their bids. Consultant shall also provide technical support to the City's Contract Administrator during the construction period to:
a. Answer questions from City staff concerning the project's design, plans and specifications, both over the phone and at the project site. b. Prepare detailed drawings as needed for clarification of the design documents and contractor's Request for Information.
c. Review contractor's submittals during construction.
d. Perfonn field observation during construction
e. Review contractor's Request for Change Order
M. Provide as-built drawings at end of project in PDF and AutoCAD fommt.
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A. Plans, specifications and cost estimates for Civic Center Exterior Improvements in printable format.
III. 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.
IV. Consultant will utilize the following personnel to accomplish the Services:
A. Josh Thompson, PE - Principle-in-Charge
B. Josh Gordon - Project Manager
C. Richard Godina - QA/QC
D. Kevin Kim, PE- Civil Engineer
E. Keyner Mayer, PE - Civil Engineer
OJ 005.0006/928581.1
F. Wayne Chen, PE - Civil Engineer
G. Chirstopher Daniels, PLS - Sr. Land Surveyor
H. Nick Owen - Sr. Survey Technician
I. Gilbert Almanzan - Field Sur A-2 nager
J. Nestor Ignacio, PE - Electrical Engineer
K. Craig Chamberlain, MS, PE, SE - Structural Engineer
L. Pete McGhee, RCDD, CNIDP - Senior Technology/Designer M. Jerome Gonzalez - Senior Land Planner
N. RHA Landscape Architects-Planners, Inc - Landscape Architecture
0. Iskander Associates - Scheduler/Estimator
P. Geocon - Geotechnical Engineer
Q. Quality Locating - Subsurface Utility Engineering
01005.0006/928581.1
01005.0006/928581.l
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
NIA
B-1
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:
i.JSL&.1.1
?rojecrreom Mee!i."lgs ' ' ' ' 1.115.00 ' Montt»ly Pr:i.;Ect Sct'.~<,;le up::::ores ' ' 4 ' """' ' Siot:.e llCIOerMee'lil'!gs /otnercoon::1Tnorion ' ' ' • UlS.00 ' QC Plan/ Program ' ' ' '-"'"' ' >!e!ecrcn/review prcvicleo AS·Dl.1i1TS OM ooe1.1me111:; ' ' ' ' 1,190.00 ' A.I Perking st.icy ' ' "' " "' ' :20,Z4.0.00 ' A.2.S:UE ' 4 ' ' 1,.0$.00 ' 3.000.00 ' s.oco.oo A.STOpo ' ' " "' " ' 10.:ZS.OO ' AA-~Tectu1ico1 ' ' ' ' 1,1ro.oo ' 13,000.00 ' 13,COJ.OO t;. cvrt> one Gurrar ' ' 4 ' ' 1.715.00 ' C. HO!tlSet:!pe ' ' 4 ' ' 1 • .4.30.00 ' d.Founroin ' 4 ' 71S.OO ' e.omer:terru 4 ' ' i,015.00 ' t e:t cnoig'.ng !'ISateo oemo ' 4 ' " ' 2.350.00 ' Pro~i mcne1gement 4 ' ' 1,Zd.S.00 ' LUD ' ' " .., "' ' ll,7-50.00
~-AC pamng oreo ' 4 ' " • Zl-40.00
c. ll"S:Ol;o'!ion cl cum ono G1.1Tte; ' ' ' " ' 2.1-40.00 c. folfnta;n (cMJ one el;?;eftfcolj ' " " "' ' 8,0.:0.001 I I I I• e. OlgiTol dip1oy Pgn ' ' " "' ' 7.ssoro f. Lona..oecpe on<:l migofon ' ' ' " • 2.140.00 I I ' s1..co:i_ooi I• s;.ooo.ro g.. ve11ic1e cl'\CrgT~g reedy ' " ,.. ~ ' 6,1ao.oo:
h. uriti:y p:on ' ' " '5 • A,O<I0.00
303. 60%. ~0% orid 100% m~enor>es ,. " " " ' 16,940.00 l l l l, i'rojeetmc:inag:ern~,-,r ' " "' ' .:.,9ror.o I I l Is Mee ling: [Z virnicl tncW<le.:l) ' ' ' ' ' ' 1,700.00 Petoils ' 4 " " ' '""''° l l l ,, ~ioricorii:ro1 ' ' " "' ' ""'"" I I l " 01005.0006/928581.1 C-1
01005.0006/928581.1 C-2
Within the budgeted amounts for each Task, aud with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.
II. The City will compensate Consultant for the Services performed upon submission of a valid invoice, in accordance with Section 2.2. Each invoice is to include:
A. Line items for all the work performed, the number of hours worked, and the hourly rate.
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.
III. The total compensation for the Services shall not exceed $ 281,620 as provided in Section 2.1 of this Agreement.
IV. Consultant's billing rates for all personnel are attached as Exhibit C-1.
C-3
01005.0006/928581.l
EXHIBIT "C-1"
D. FEE SCHEDULE
Senior Client E'xec/Senior Market DirectorNP
Client EXecutlvalMarket Director
Project Executive
Senior Project Manager II
Senior Project Manager I
Senior Engineer Technical Specialist
Senior (EngineerlPlannerlConsultant) Ill
Senior (EngineerlPlannerlConsultant) II
Senior (EnglneerlPlannerlConsuJtant) I
Project (EngineerlPlannerlConsultant) II
Project (EngineerlPlannerlConsultant) I
(Graduate Engineer -DesignerlCoordinatorlConsultant) IV (Graduate Engineer· Designer/CoordinatortConsuJtant) Ill Senior Technical Specialist
Senior (DesignerlAuthorilylAnalyst) Ill
Senior (DesignerlAuthorllylAnalyst) II
Senior (DesignerlAuthorilylAnalyst) I
Project (Designer IAuthorilylAnalyst) II
Project (Designer/Authorily/Analyst) I
(DesignerlAuthorily) II
(DeslgnerlAuthorilyllntern) I
H IT strategy Executive
Senior Construct!Gn Administrator
Construction Administrator
Senior Virtual Design Coordinator
Virtual Design Coordinator
Senior Virtual Design Technician
Virtual Design Technician
Ad mini strative Assistant
0 l 005.0006/928581.1
$335
$300
$275
$250
$205
$260
$250
$215
$195
$175
$165
$140
$125
$225
$200
$190
$170
$160
$150
$120
$115
$325
$190
$160
$150
$135
$130
$105
$95
Cl-1
""Adjusted annually. These rates are for staff
located in the office providing the rates. staff
b3'ed In one oflMEG's other offices may
have different billing rates. These rates can be
provided upon request.
Reimbursable Expenses:
Invoiced with a 1.1 multiplier of actual cost,
including:
CAD plots, reproductions and dellvery costs
of drawings, specifications, and dup!i cate
reports beyond one set provided at each
normal stage of revlevv
Reproduction of drawings on Mylar media
Plan review fees or imposed government
agency fees
Premium delivery charges
Mea!s and lodging when required to travel
overnight
State filing and/or permit fees related to
energy life·cyc!e costs
Travel expense: Autotnobile mileage wlll be
Invoiced at the IRS rate In effect at the time
of travel. Travel expenses also include tolls,
parking fees, taxi, train, airfare, rental cars (CD
only), and other out of pocket expenses.
a. FEE SCHEDULE I SuBCONSl!lLTANT - RBl'A: LANDSCAPE i\\.RCHJTECTS·RLANNERS, INC.
NORMAL HOURLY RATB 2023
Senior Principal
Principal Land90ape Architect
Project Manager
Land90ape De9gner
Administrative Per9J nnel
REIMBURSABLE 11EMS
$230.00 per hour
200.00 per hour
150.00 per hour
125.00 per hour
80.00 per hour
Reimbursable items such as the cost of blueprinting, graphic reproduction and plotting will be billed at our direct cost plus 15",\\. Auto travel will be charged at $0.585 per mile. Where we are able to utilize direct billirg to Owner establ1"1ed accounts the "plus 15",\\" Is not applicable.
OVERTIME REQUBTS
It is RHA's responsibility to schedule the project's completion under normal conditions without the use of the staff on an overtime basis. If the owner adjusts the deadline or requests that work be completed earlier than originally scheduled and thus requires overtime, the fees shall be adjusted to cover the increased costs incurred by RHA. The hourly ratesfor overtime will be one and one-half (ll>)timesthe hourly rates above.
1ERMS ANO CONDITIONS OF PAYMENT
We will bill on a monthly basis in proportion to the time 'Pent on the project to date. All billirg statements are due within 15 days of Ergineers receipt of payment from client. Interest wil I be charged at the rate of 11'% per month on the past due balance thirty days and over. RHA shall have the right to stop work should accounts become past due. 01005.0006/928581.1 Cl-2
Iskander Associare~ Inc.
Cowtru.ctionCost &Sdiedul:: C.:in!:ri:J
01005.0006/92858 l.l
HOURLY RATES FOR 2022-2025!FourYoarsl
COST ESTIMATING SERVICES(IN-OFF!CE OR SITE/FIELD VISITS)
PRINCIPAL
SENIOR SPECIAL PROJECTS CONSULT ANT
SENIOR ARCHITECTURAL ESTIMATOR
SENIOR STRUCTURAL ESTIMATOR
SENIOR MECHANICAL/ELECTRICAL ESTIMATOR
SENIOR CIVIL ESTIMATOR
ARCHITECTURAL ESTIMATOR
STRUCTURAL ESTIMATOR
MECHANICAU!LECTRICAL ESTIMATOR
CIVIL ESTIMATOR
TECHNICAL SUPPORT
CLERICAL
LIFE CYCLE COST ANALYST
SENIOR LIFE CYCLE COST ANALYST
LIFE CYCLE COST ANALYST
SCHEDULING
SENIOR SCHEDULER
SCHEDULER
VALUE ENGINEERING SERVICES
CERTIFIED VALUE ENGINEER
VALUE ENGINEER TEAM LEADER
VALUE ENGINEERING TEAM MEMBERS (OUTSIDE CONSULT ANTS RA TES - FROM
ARCHITECTS
ENGINEER
COST CONSULT ANT
SENIOR LIFE CYCLE ANALYST
TECHNICAL SUPPORT
CLERICAL
CONSTRUCT ABILITY REVIEWS
SENIOR CONSULT ANT
CONSULTANT
CLERICAL
Cl-3
$ 235.00
$ 150.00
$ 150.00
$ 150.00
$ 150.00
$ 150.00
$ 125.00
$ 125.00
$ 125.00
$ 125.00
$ 85.00
$ 75.00
$ 250.00
$ 150.00
$ 195.00
$ 145.00
$ 400.00
$ 275.00
$ 235.00
$ 150.00
$ 75.00
D. FEE SCHEDULE I SUBCOl"SULTANT- GEOCOI<
GEOCON
W E S T, r N C.
GEOTECHNlCAL 1111 ENVIRONMENTAL 111 MATERIALS
2023 SCHEDULE OF FEES
PROFESSIONAL SERVICES
Word Proce ssorfN on-Technical Assistant/DraftsmanJDispa 1c her .. $9 51hr Engineering AssistantlLab Technician......................................................................................... 95/hr Engineering Field Technician (Earthwork/Compaction Testing/Backfill).. *851hr Si:ecial lnsplcfur (Concrete, Rebar, Ma.oomy, Welding, etc.).................. .................... *901hr Engineering Inspector (Bottom Approval I Shoring f Foundations I Piles) ...................................................................................... *1101hr LA City Deputy Grading lnsplcfor(Bottom Approval /Shoring I Foundations/ Piles) ............................................................... *1251hr StaffEng:ineerlGeologist.. ·················'"··················· .................... ·"'····························· ................. *1251hr Senior StaffEngineerfGeologist ..... ... ....... ...... ........ ........... ............. ...... .......................... . ........ *1351hr Project Erig:ineerfGeologist .............................................................. *1451hr Senior Project Engineer/Geologist.. . .......................................................................................................... *1551hr Senior Eng:ineerlGeologist .. ................................................................. . ........ *1751hr Associate Eng:ineerlGeologist ..... .......................... ............. ..... .. .......... *2001hr Principll Engineer/Geologist/Litigation Supi:ort .. 400ihr Attorney Fees (General).. ...................................... 5001hr Dei:ositionor Court Appearance.. ..................................................... ............... 5501hr Overtime!SaturdayR.atelNight Rate (7pm -6am 'vi 8-Hourminirnurn i:er callout).. 1.5 X Regular Houl'lyR.ate SundayandHolidayR.ate . ............................................... 2 XRegularHourlyR.ate Minimum Field Services Fee per call-out, 4Hou:rs (if 4hours or less), 8 Hours (if more than 4hours and.less than 8 Hours) Short-Notice Cancellation,. 4 Hours (if after4pm of the day prior to the scheduledinsi:ection time) Short-Not:U::e Cancellation, 4 Hours (up:in orafteranival at jobsite) ~~~ \I{ age (P\I{) Ca]ilbrnia Lol>or Codej1720,. etSeqndd$50/hr 1 Persomiel... ...... ....... ...... ....... ....... ...... ....... ..... ....... ....... . ................................................. Regular Hourly Rate Subsistence (Per Die1n.) .. .. . ... . .. . ... ... ... . .. .. .. .. .. .. . .. .. .. .. .. .. . .... .. ...... .. . .. .. .. . ... .. . .. . .. .. .. . .... .. .. ..... . .. ... . .. .. .. . .. .. .. .. .. .. .. .. . ... .. .. ....... $3 OOJda y . Vehicle ~eage ....... ......... ......... ... . ........... . .......................... 0.75/mile EQUIPMENT, MATERIALS, &ANALYTICAL TESTS . _l
Nu.clear Density Gauge I Sand Cone Testing Equipment. ..... $10/hr 55-Gallon Drum.. . .. ........................................ .120/ea Vehicle.... .. ....................................... .10/hr Visqeen(6 mil20XIOO') .................................................. .1351mll Si;:ecial Insi:ection Equipinent .. . ........ 51hr Traff:U:: Cones/Banicades ................ .35/day Asphalt Cold Pab::h/Concrete ....................................... 30ibag TPHg{EPA 8015B) ............................................................. 701ea Double Ring InfiltrometerEquiprnent ..................... . ..... 200/day TPHd!TPHmo ........................... {EPA 8015M) 751ea GPS Utrit.. ........................................... 1601day TPH Carbon Cha:in Breakdown .................... (EPA 8015M) 110/ea PK:k-upT1uck .................................................................. 150/day Methanol and/or Ethanol {EPA 8015M). .. ........................ 125/ea Water Buffalo .................. ............ .. ........................ . 151day Volatile Orgal:lic Com:pJunds ....................... (EPA 8260B) 125/ea Dynamic Cone Penetrometer ............................................ 400/day Semi-Volatile Organic Comp:iunds ................ (EPA 8270) 225fea Hand-Auger .......................... ..... ........ .. ........ 501day PAHs(EPA8270SJM) ...................................................... 1851ea Distilled Water (5-gallon) . . ....... 201ea CAM17Metals(EPA60IOB). .. ...... 170/ea Bailer (Reusable).................... . ............. 35/day Single Metal ................................................. {EPA 6010B) 3Dlea Bailer (Dis:pJoo.ble) .. . ......................................... 15/ea Hexavalent Chrome (EPA 7199) ............................................ 75/ea Stainless Sam.pling Pump ........................................ $150/day Organochlorine Pesti.cides(EPA 8081) ................................ 110/ea Battery-Powered Pump . . ... 15/day Organophosphorus Pesticides (EPA 8141). . ...... 125/ea Water Level Indicator ..................... .. ........................... 401day ChlorinatedHe:tbicides (EPA 8151). . ..... 125/ea Interface Probe ................................................................... 1251day PCBs (EPA 8082) ......... 95/ea Photo-Iordzation Meter ................................... 1501day Soil pl! (EPA 9045C). ... ........ .... ....... ..... . . .............. 201ea Combustible Gas Meter ........................ . ......... 150/day WET or TCLP Extraction .......... 85/ea pHIConductivityffem~rature Meter 150/day EPA 5035 Sam.ple Kits ................. .40/ea TUlbidityMeter .......................... . ...................... 80/day Asbestos (PLM) . .. . ....................................................... 25/ea Air Sampling Pump .. _ .......................................... 80/day Level D PPEJDeconRinse Equipment ....... 50/day
Concrete Coring Equipment...... . ........ 285/day
Generator or AirCompreooor ............................................. 150/day Asbestos (400-p:i:int count).................... .. .... 50/ea Sam.ple Comp:isiting ................. ....... .. 20/comp:isi.te 48-hour Turnaround Time . . ...... 60Y~ surcharge
72-hour Turnaround Time . . ......................... .40% surcharge 3303N.Sonfemond0Slvd.,S11ite!OO II t!.urbank, C::olifornk19\.50.4-2.53\ 1111s!ephone91QJ14l.B380 II Fox916.B4l.l704 01005.0006/92858l.1 Cl-4
D. FEE SCHEDULE I SUBCONSULTAIH - GEOCON
LABORATORY TESTS"
COMPACTION CURVES SOIL AND AGGREGATE PROPERTIES
(D698/D1557 /f99/f108) 4-inchmold ............................. $300/ea (D422/f88) Particle Size, Hydrameterw/outSieve ............ $250fea (D698/D1557 /f99/f108) 6-inchmold.. . .. 300/ea (C136/D6913fr27) Sieve, Coarse to Fine w/ #.200 Wash .... 175/ea (CT 216) California Impact ................................................. 300/ea (C136!D6913JT27) Sieve, Coarse or Fine w/#200 Wash .... 150/ea Check Paint.. . .................................. 125/ea (C136/D69131T27) Sie\'tl, Coarse or Fine N o#J.00 Wash ... 125/ea (Dl 632iCT312) Soil Cern.entCyl. Fabrication(Set of3) ... 200/set (C117/D11401T11) Materials Finer than#.200 ..................... 115/ea (DI 632,CT312) Soil Cement Cy!. Fabrication(Acldtl. Spec" 75/ea (D2216ITT65/CT226) Moisiure Content.... .. ........... .40/ea (DI 633,CT312) Soil Cement Comp. Strength(Set of 3) .... 350/set (D24871D2488) Visual Soil Cl"1~fication ................ 40/ea (Dl 633..CT312) Soil Ce1nentC01np. Sttength(Adcltl. Spec.) 125/ea (D2937) Densityofln-PlaceSoil, Drive-Cyl. Ivlethod .......... 50/ea SOIL AND AGGREGATE SI ABILITY (04943) Slrinkag» Faolo<s of Soil, Wox Mothod .............. 75/ea (D2844iCT301) Resistance V filue . ···························»• $350/ea (C131/C535/CT211) L.A. Abrasion Resistance ................. $250/ea (D2844..CT301) Resistance Value, Treated ......................... 350/ea (C142ffl 12) Clay Lumps and.Friable Paiticles ................... 155/ea (01883) Colll'omiaBearingRatio.. . . ............ 600/oa SOIL AND AGGREGATE PROPERTIES (CONTD.) (C977) Stobil;zafion Abilio/ of Lime.. .. .. 185/oa (Cl23rrl 13) Light W~ghtParlides... .. ....... 250/ea (Dl883) Calif. BearingRatio(ArmyCorp of E:aj.neers) .... 600/ea (D3744/CT229ff210) Durability Index Fine .............. 200/ea CHEMICAL ANALYSIS (D3744/CT229m10) Durability Index Coarse ................... 200/ea (Gl87/CT643ITT88) pl! andRe~s!iviw .......................... $175/ea (CT227) Cleamess Value .................................................... 200/ea (D4972/f289) pl! Only.. .. .... 75/ea (04791) Flat& Elong»tedParlicles ..................................... 175/ea (CT417) Sulfate Coritent..... . ................................... 125fea (D693K.:.T205) PercentCrushedParticles.. . . ............ 200/ea (CT422) ChlorideC ontent .................................................. 125fea (D5821) Percent.. of Fractured Particle::; Coarse Agi§1egate .200/ea (D2974) Organic Content ..................................................... 100/ea (C40..CT2131T21) Organic Impurities .................................. 100/ea PERMEABILITY, CONSOLIDATION AND EXPANSION (C235) Sof\HO!dm.,(SoretohHardnm) ............................ 125/ea (D5084) Permeability, Flexible Wall... . ....... $270/ea (C88iCT214ff104) Sulfate Soundness ............................ 500/ea (D5856) Permeability, Ri@d Wall ....................................... 260/ea (C12521T304) Uncompact. Void Conten~ Fine Aggi:egate . .175/ea (D2434) Permeability, Const.ant.Head .................................. 280/ea (C127/CT206ff83) Coarse Specific Gravity... .. ........ 150/ea (D2434) Permeability, FHA Slab-on-Grade ......................... 110/ea (C 128/CT207tr84) Fine Specific Gravity ............................ 175/ea (D2434) Permeability, Hourly.. . ...................... 55/ea (D854iCT209ff100) Specific Gravity of Soil .............. 200/ea (D24351T216) Conso!idation(6 pt,. w/Unlo&l) ............... $400/ea (C29,CT212/T19) Unit W~ght& Percent V oicls ..... ...125/ea (D2435ff216) ConsolidaiionAdditlona1 Point w/Uflload ... $90/ea (D2419/CT217ff176) Sand Equivalent .............................. 150/ea (D4546) Swell/Compression Testing& Density.. . ......... 125/ea (D4318/CT204/T89/'I90) Plastic Index (Plastic/Liq. Limit) 250/ea (04546) Swell!SettlementTesling& Densiw(ea. acldtl. pt" 85/ea (D4318/CT204/T89) Li<j'lidl.imit.. ...................................... 125/ea (04546) Swell!SettlementTesling & Density(Conntl!) ....... 100/ea (D4318,CT2041T90) Plaslic Limit.. ...................................... 125/ea (D4546) Swell/Settlement Testing& Densi.ty(FHA) ............ 90/ea (C330) Spec. for Lig}l:t•.vei!#iAggregates,. St.rue. Conc:rele ... Quote (D4829) Expansionlndex of Soils ....................................... 250/ea SHEAR STRENGTH STEEL TESTING (D2166) UncOt.lf'inedCompression .. .. .......... $100/ea Reinforcing Steel Tests: (D3080m36) DirectShear(3 points) .. .. ..... 350/set (A370) Tensile Strength& Elongation (D3080m36) Direct Shear AddtL Points/ea. residual pass$125/ea #11 Bar & Stnaller ... . .................. $100/ea (D2850) Unconsolidated.UndrainedTriaxial Shear ............ 115/ea #14 Bar.. . ...... $125/ea (02850) Unco:nsolidated.UndrainedTriaxial Staged ........... 160/ea #18 Bar (Proof Test) .......................................... $150/ea (D4767) C011.so1idated..Undrained Triaxial Shear ................. 265/ea (A370) Bend Test (D4767) Consolidated-Undrained Triaxial Staged ............... 340/ea #11 Bar & Smaller.... . ..... $50/ea (EMl 110) Consolidated.. Drained Tri axial Shear ................. 37 5/ea #14& #18 Bar ..................................................... $75/ea (EMl 110) Consolidated.Drained Triaxia1Staged ............... 480/ea . _(J\?70)_ T_~~e:--_~e~at-~~.ally~plicedB_ar MASONRY** #11 Bar & Smaller...... ....$i?5/Ca_ ·! Concrete Block Test (Sets of3 Reguirecll:
#14B ar & Larger... . ........................... -... $:i25t~~ ' (C140) Unit Weight Moisture Content& Absorption ......... $350/ea (A370) Tensile- Electric Resist. But.tSplicew/Control .... 175/ea (C140) MoisbJre Content/Absorption( ea. addt.1. specimen) 125/ea (P-:370) Straightening of bar (if requireq) .. . .................. 50/ea (C140) Compression Test ..................................................... 300/ea St1119pual Steel Tem;r (C140) C 01npression Test(ea acldtl. specimeiV .................. 125/ea (A370) Machining& Prep of TestSpecinten ............. Cost.+ 20% (C426) Line at- DtyingShrinkage .......................................... 350/ea (A370) Tensile Strength& Elongation (C109/UBC 21-16) MortarCylinct.r(2"x4') ....................... .30/ea Up to 200,000 lbs... .. ............... $125/ea (C942) GroutPrism (3"x3"x6"), trimmingincluded. ............. 35/ea 200,000 -300,000 lbs. . .......... 150/ea Masonrv Prism CAsse:tnblage):
300,000 -400.000 lbs ......................................................... 175/ea (C131'!) 8"x8"x16"' -8"xl2'"x16" ..................................... $200/ea Pre~st:esfing W1te& Tendon Tests: (C1314) 8"x16"x16" -10"x12"x16" . .. ... 225/ea (A421) Tensile Strength, Single Wtte ............. $175/ea (Cl31'!) 12"xl2"""16" -12""xl6"xl6"" . .. .......... 250/ea (A416) Tensile Strength, 7-Wue Strond ...... $200/ea (Cl3 I'!) L«ger !hon 12"'x 16""x16" ........................................ Quote 01005.00061928581.1 Cl-5
D. FEE SCHEDULE I SUBCOl%ULTANT- GEOCON
LABORATORY TESTS* {CONTINUED)
HjgbStrnpefbRqlt Nut &Wa®erTestff BtjckTeql;(Set pf 5 Specimeps)· (A325/A490) Tensile Test on Bolts ............................... $100/ea (C67) 24-Hour Absorption, Cold Water... .. $250/set (A563) Proof LoadTestonNuts ....................................... $100/ea (C67) 5~Hour Absorption. Boiling Water... . ... $250/set (A325/A490) Hardness Test on Bolts... . ........... $50/ea (C67) Compression Test or Modulus of Rupture .............. $300/set (A536) Hardness Test on Nuts.. .. .............. $50/ea (C67) EachAdditional Specimen ...................................... $100/ea (F436) H ardnessTest on Washe:rs ...................................... $50/ea CONCRETE** WeldSpecimen Tests: Mix Designs:
(E164) Ultrasonic Examination.. . ........................ Quote (ACI211/ACI214) Concrete Mix Design... . ............ $450!ea Machining& Prep ofTest.Specimen.. ..Cost+ 20% (ACI21 l/ACI214) Re'i'iew of Concrete Mix Design .......... $450/ea (E381) Macrotech Test(3 Faces) ............................................ $355 (Cl 92) Concrete Trial Mix (includes ecripmeilf.& labor). $650/ea ASPHALT TESTING Concrete Properties:
Aspha!tProoerties: (C39/CT52lm2) Comp. Strongµ,, Concrete Cyl... ..$30/ea (C42/CT521m2) Comp. Strength, Conc:rete/Gunite Care .. $60/ea (C78/CT523) Flex. Strengih of6"x6"x21" Concrete Beam .. 125fea (D2726/CT308ff166) Bulk Spec. Grav. Compact.edHM..A..$100/ea (Dl560/CT366) Stabilomotor V oluo(HVEEM) ................ $225/ea (02041) Theoretical Max Specific Grwity ....................... $200/ea (Cl 74) Length.Measuring of Drilled Cores.. . ................. $100/ea (05444) Sieve Analysis of ExtractedAsphalt ................... $250/ea (Cl 140) Shotorote Panel-Coring& Testing(Set of 3) ...... $350/"t (D63 07 /CT38 2) Per cent Asphalt,. I gnitionM ethod ............. $175 /ea (Cl 140) ShotcretePanel (each addU. specimen) ................. $125/ea (Dll88) Unit W~g)~ oc A'f'holt Coro .................................. $95/ea (C496) Static Modulus of El8'!icity... .. .... $250/ea MISCELLANEOUS TESTING SERVICES (C496) DtyingShrinkagll (Set of3, up to28 days) ............ $650/ret Calibration of Hydraulic Ram:
100 Ton& Under ... ............................. $250/ea (C642) Spec. Gravity, Absorp., V oids:inHardenedConcrete.95/ea 101 Tons-200To:n.s .... . ............................... 350/ea (F1869) Vapor EtnissionRate, Concrete Subfloor ................ 50/ea TT§fl qf!Ipiveysal Testinebdacbine'
UTh/I with One Operator. . ........................................ $400/ea Additionfil Technician ..................................... Regular TechRate SmayAwliedF:iremoofing:
(E6051E.736) Fireproofing Oven Dty De:nsityflhickness ... $125/ea *:2X Surcharge on rush tur.n.~a:m un.d. :fu 1.• lab o:raiory testing. **Fee applies :fur 58.Jnl) le storage, _testing_, or disposa.L
1. 2.
3. 4.
5. 6.
7. 01005.0006/928581.l
Listed are typical charges for the se.t'i/i.ces most frequently parfonned by Geocon. Prices for unlisted se:rvices as i.wll as spicial quotations fui programs involving volume work will l::ie proviaed up:in request. Laboratoiytest }'.iices shown are for laboratoi:ywotk only, and llu:: lude re p:iiting of routine results not calling for c om:men1s, rec omme ndaiion:s or conclusions.
Sampling and testing is conducted insubstantial confonnance with the latest applicable or designated sp:cifications of the American Society for Testing and Materials, Caltrans, American Aooociaiion of State Highway and TransPJrlation Officials, or other pn1inent agencies.
Saturday, night work, and.overtime hours are charged at iime and one-half', Sunday.: and holidays at double time. Per diem is $155.00 pl! da ywhen location of work dictates.
Equi)?!Mnt and :materials will be billed at cost pJus 15%. Ou1side retvices including subcontractors and rental of special equipment are ~ill ed. at cofl!: P.lus 15%. Hourlxsel'Vices are billed PJrtal to PJrlal from closest office in accordance with the stated hourly rates herern, with a nununurn two-hour charge
Invoices will be submitted at four-week intel'i/als. Tenns of payment are met up:in prerentation of invoice. Invoices become delll!quent thlrty (30) da~ from invoice date and subject to one and one-half i:ercent (l-1f2'l~) se1vice cha~ _r,er month, or the maximum :rate allciwed by la~ whlchewris lo\Wr. If Client objec1s to all oranyp:ntionof anyinvoice, ClientWilfso notifyG-eocon in writing within fourteen (lq) calendar day.: of the invoice date, identify the cause of disagreement, and :?iY that p:irtion of the invoice not in dispute. The p,\rlies will irmnedi.e:rely make evenr effort to rettle the disputed ~rlion of the invoice. Pa~nt on del~uent invoices will firsfbe applied to accrued interest and fhen to the ~ncipal amount. A1l time sp:nt and exp:-nses lltcumd (includipg anyattorneY.s fees and costs) in connection with collection of any delinquent ainount will be paid by Client to Geocon i:er Geocon' s current fee schedule.
Client and Geocon shall allocate certain of the risks oo that, to the fullest extent p:nnitled by law, Geocon's (the tenn "Geocon" includes Geocon's prrtrers, officers, directors emplovees, agents, affiliates, subcontractors and subconsultan1s) total aggregate liability to Client is limifgd to the greater of $50, 000 or lhe total compensation received.from CTignt by Gsoconfor services rendered on this project, for a;iry and all of Oient's 1ryilries, da1'117ges, claims, fosses, exJ>antEis, or claim expenses arising out of this Agreement from anJ! cautEi or causes, including attorneys' fees and costs which 1'117Y bg awarded to the prevai1ing par(}!, and Oient agrees to indemn(ry and hold harmless Gsoconfrom and against all liabilities in excess of the monetary li"mit estalJlishe!i above.
Client and Geocon shall allocate certain of the other risks so that,, to the fullest extent :i;_ennitred bv law, Client shall limit Geocon's total aj)greg,ate liabilitv to all tlrird ~ies, incllJ!ling contractors1 subcontractors of aU tiers, rnaleria.linen, and others involved in Client s }Eject, as well as }_-"ersons and other entities not llwolwd m the project,, to the greater of $100, 000 or the total compensation receive cf .fr.om CTient by r::koconfor .services rendered on this project for al"!)! and all ity'uries, damages, cause or ca.UtEJS, including attorneys' fees and costs which may be awarded to the preval1ing parfy, ana Qient agrees to indemnt!Ji and hold harmless Geocon from and against all liabilities in excess of the monetary limit astablisfu;d above, including all liability incurred by Gsoconfor actt., errors, or omissions, pursuant to entaring into agreements with third parties on behalfo;_ Client in ordar to obtain accass or entr; onto propiw()! not owned by Client. CTienl agrees to nof!fP all contractors a11d subcontractors of any limi~ation of Giocon '.s liab11ilf to them, and require them to. abide by ~ch limitationjor ·aamage.s .suffered by atry contractor or .subcontractor ari:tngr;om Gsocon .s actions or inaclion.s. Jkither the contractor nor any Sllbcontractor a.ssumi!.s any liability for damages to others whic may arise on accowit of Giocon 's actions or inactions.
Cl-6
QUALITY FEE SCHEDULE - Private Scale
PROJECT COORDINATION
SENIOR TECH
ASSISTANT
VIDEO INSPECTION .. CREW
VIDEO REPORT
SENIOR TECH
CAD
GPR
HANDHELD
&tQ!:fJ_ki_?5Il.111i
EQUIPMENT .. TECH
EQUIPMENT .. CREW
JETTING
l£RMS & CONDfY-lCJNS J.:\P'PL 'r/ ro ALL Sf;RVlCt;;S
1 1
1 2
1 1
1 1
1 2
1 HOUR
HOUR
HOUR
HOUR
HOUR
HOUR
HOUR
HOUR
DAILY
DAILY
DAILY
$100.00
$155.00
$130.00
$250.00
$150.00
$190.00
$90.00
$155.00
$95.00
$180.00
$2600.00
NEEi 30, RA TEES SUS,JECr ro CffANGE p~·p, ADDE'D SER\lfCEi, OUICJF TCHo/fl (.>f;J? Df!EM APl'jllES: $15() DAlL ~r PK'EVAfl.lf'.JG ttVAGE.; PfUCff'JG fNCLUDES Rl'ECiUt1-1A !"VAGE PLUS $30/HR. rfHS fNCREA:SE APPLfES ro ALL SERVlCES
SURCHARGES: 10% FEE FOP? NlGl--rr V!fORK OR ONSfTE lf!lEEtCDAYS BEFORE 5,1=\M OR AFTER 5 Pfl/i, 15% SA i'URDAY WORK, 20% SUf1JL1AY Vi/ORf<
01005.0006/928581.1 Cl-7
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
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 or for one (1) year from the date hereof, whichever comes first. The term of this agreement can be extended with for a twelvemonth period with written notice issued by the Director of Engineering/Building Official.
D-1
01005.0006/92858J.J
IRWINDALE CITY COUNCIL CHAMBJRS
5050 N. IRWINDALE AVENUE ..._ ________ _.
SA Item 14A
SEPTEMBER 27, 2023
WEDNESDAY
IRWINDALE, CALIFORNIA 91706 7:12 P.M.
The Irwindale SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY met in regular session at the above time and place.
ROLL CALL: Present: Councilmembers Mark A. Breceda, Larry G. Burrola, Manuel R. Garcia; Mayor Pro Tern Albert F. Ambriz; Mayor H. Manuel Ortiz Also Present: Julian A.· Miranda, City Manager; Jamie Traxler, Assistant City Attorney; Theresa Olivares, Assistant City Manager; Christopher Hofford, Chief of Police; Kambiz Borhani, Director of Finance I City Treasurer; Marilyn Simpson, Community Development Director; Eddie Chan, Director of Engineering I Building Official; Elizabeth Rodriguez, Public Services Director; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Deputy City Clerk AB 2449 DISCLOSURES None.
CONSENT CALENDAR
MOTION
ITEM NO. 9
MINUTES
ITEM NO. 10
WARRANTS
A motion was made by Mayor Pro Tern Ambriz, seconded by Councilmember Breceda, to approve the Consent Calendar. The motion was unanimously approved.
MINUTES
The following minutes were approved:
A) Regular meeting held September 13, 2023
WARRANTS
The warrants were approved.
END OF CONSENT CALENDAR
SPONTANEOUS
COMMUNICATIONS
DENA ZEPEDA
ADJOURNMENT
Dena Zepeda stated that a traffic signal at Los Angeles Street benefits United Rock Corp. and not the residents.
There being no further business to conduct, the meeting was adjourned at 7:14 p.m.
Laura M. Nieto, MMC
Chief Deputy City Clerk
5050
IRWINDALE
N. IRWINDALE
CITY COUNCIL
AVENUE CHAMB~S .__ ________ _.
HA Item 16A
SEPTEMBER 27, 2023
WEDNESDAY
IRWINDALE, CALIFORNIA 91706 7:14 P.M.
The Irwindale HOUSING AUTHORITY met in regular session at the above time and place.
ROLL CALL: Present: Board Members Mark A. Breceda, Larry G. Burrola; Manuel R. Garcia; Vice Chair Albert F. Ambriz; Chair H. Manuel Ortiz Also present: Julian A. Miranda, Executive Director; Jamie Traxler, Assistant General Counsel; Theresa Olivares, Assistant Executive Director; Christopher Hofford, Chief of Police; Kambiz Borhani, Director of Finance I City Treasurer; Marilyn Simpson, Community Development Director; Elizabeth Rodriguez, Public Services Director; Eddie Chan, Director of Engineering I Building Official; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Assistant Authority Secretary
AB 2449 DISCLOSURES None.
CONSENT CALENDAR
MOTION
ITEM NO. 11
MINUTES
A motion was made by Board Member Breceda, seconded by Board Member Burrola, to approve the Consent Calendar. The motion was unanimously approved.
MINUTES
The following minutes were approved:
A) Special joint meeting held September 13, 2023
B) Regular meeting held September 13, 2023
END OF CONSENT CALENDAR
SPONTANEOUS
COMMUNICATIONS
FRED BARBOSA
DENA ZEPEDA
ADJOURNMENT
Fred Barbosa spoke in favor of eliminating a state-mandated covenant from housing purchase programs.
Dena Zepeda made various allegations of wrongdoing by a former City Attorney.
There being no further business to conduct, the meeting was adjourned at 7:19 p.m.
Laura M. Nieto, MMC
Chief Assistant Authority Secretary