PROACTIVE
ENGINEERING CONSULTANTS
Company Profile
Proactive EngineeringConsultants, Inc. (PROACTIVE) is a Southern California based civil engineering consulting firm serving governmental entities and the development community throughout Southern California. Our management staff' sexperience is inexcessof 25yearsfor numerous public works, roadway take, drainage, school site, residential, and commercial/ industrial developments.
Our goal isto do things right the first time. That is where our company name, PROACTIVE, came from. Proactive EngineeringConsultantsisa firm that iscommitted to providing outstanding service for our clients. To ensure this we adhere to Pareto' s Principle: " 20% of the people do 80% of the work", and seek only to have the top performing professionals in the industry employed with us.
Although our staff hasextensive experience working on small to mega -projects, we haveadopted a small business client focused philosophy (certified SBE). It is this philosophy that establishedour mission to be "A Different Kind of Company" providinghighqualityserviceto asmallgroupof clients. Ourgoalisto havelong-term relationships with our clients to provide for smooth and efficient communication.
PROACTIVEprovides expertise in civil engineering, survey, and mapping focused on capital improvements and land development. PROACTIVEhas worked on numerous Public Works and Roadway take projects in various capacities throughout Southern California. Our public and private experiencewill be ideal for this project.
CIVIL ENGINEERING SERVICES
Roadway Take Mitigation Analysis Studies • CFD Budgets
Street & Utility Improvement Plans • Grading Plans & Related Studies Cost Estimates • NPDES Compliance: SWPPP & WQMP
Dry Utility Planning • Preliminary Site Constraints & Due Diligence Erosion & Sediment Control • Drainage Plans & Flood Routing Site Planning & Lotting Studies + Hydrology / Hydraulic Studies Tentative Mapping & Master Planning
SURVEY & MAPPING SERVICES
Right -of -Way Engineering
3D Laser Scanning
Aerial / Photogrammetric Surveys
ALTA / ACSM Land Title Surveys
AS - Built Surveys
Boundary Retracement
Construction Staking
Design Surveys
EncumbranceMapping
LOCATIONS
GIS and Database Preparation
Point Cloud Processing
Horizontal / Vertical Control Networks
Land Descriptions
Monitoring and Site Calibration
Subdivision Mapping
Terrain Modeling
Topographic Surveys
Utility Surveys
200 South Main Street, Suite 300 27042 Towne Centre Drive, Suite 110 Corona, CA 92882 Foothill Ranch, CA 92610
951- 280- 3300 1949- 716- 7460
www. proactiveengineering. net
Jurupa Valley Citywide Corridors Plan, Initial Proposal for Discussion October 19, 2022 • page 37 Regular City Council Meeting - May 15, 2025
PROACTIVE
ENGINEERING CONSULTANTS
Tom Braun, M. S., P. E.
Principal In Charge
Mr. Braun will serve as your Principal in Charge. Mr. Braun offers over 35 years of management, engineering and design experience.
As Principal, he is responsible for overseeing the design and coordinating work efforts within the team. His duties include managing large subconsultant teams, supervising each projects progress in accordance with milestones, schedules, and budgets.
His expertise includes major public works road projects, ADA compliance, the designof water and sanitary sewer systems, stable channel design of erodible channels, hydrology studies, EIR evaluations, project cost analysis, hydraulic design of storm water systems and siltation basins, and application of computer models in hydraulics.
Project Experience
NasonStreet Widening Improvements: Moreno Valley, California City of Moreno Valley PROACTIVEEngineering was the prime consultant and civil engineer/ surveyor for the preliminary and final designfor the 1. 8mile stretch of the NasonStreet Widening Project between Cactus Avenue and Fir Avenue, Project components included preparation of a Project Study Report ( PSR), ADA compliance for accessible ramps/ pathways, major utility undergrounding, traffic study, traffic signal modification, new traffic signals, environmental certification, and R/ W appraisal and acquisition. PROACTIVE managed a team of nine subconsultants which included comprehensive program management in addition to the typical PS& E.
Years of Experience: 35
Education
M.S., Civil Engineering, California
State University, Long Beach —
1986
B.S., Civil Engineering, California
State University, Long Beach —
1984
Registration
Professional Engineer — Civil,
CA M41817 — 1987
Professional Affiliations
Building Industry Association
81A}
City of Corona, SR-91 Corridor Improvement Project ( CIP), Corona, California. Principal in Charge, responsible for providing grading and conceptual design engineering support for property takes from approximately 65 parcels as part of the SR91 freeway widening project. Deliverables included water, sewer, and fire line relocations, property grading analysis and exhibits, cost estimates, reports, and various engineering studies. Consideration for ADA compliance for walkways and parking was analyzed for all properties.
Elsworth and JFKStreet Sidewalk Improvements; Moreno Valley, California City of Moreno Valley Principal -in -Charge of overseeing all team members and their activities and ensuring that all of the necessary personnel, equipment, and facilities are available at all times. As Principal - in -Charge, Mr. Braun is responsible for overseeing the entitlement, surveying, mapping, civil engineering and construction observation for the following street improvements: JFKDrive from Heacock Street to Paige Avenue, Portions of Sherman Avenue from Day Street to EllsworthStreet, Elsworth Street from Sherman Avenue to AlessandroBlvd. Project components include preparation of a Project Study Memorandum (PSM), ADA compliance for accessible ramps/ pathways, street widening, storm drain improvements, hydrologic analysis, and comprehensive QA/ QC for sidewalk/ street improvements.
Jurupa Valley Citywide Corridors Plan, initial Proposal for Discussion October 19, 2022 • page 38 Regular City Council Meeting - May 15, 2025
PROACTIVE
ENGINEERING CONSULTANTS
Cycle 5 ADA Ramp Improvement Project; Moreno Valley, California City of Moreno Valley Principal - in - Charge of overseeing all team members and their activities and ensuring that all of the necessary personnel, equipment, and facilities are available at all times. As Principal - in -Charge, Mr. Braun is responsible for overseeing the entitlement, surveying, mapping, civil engineering, and construction observation for 33 ADA ramp improvements throughout the City of Moreno Valley. The level of improvements varies from removal and replacement of existing ramps, installation of new ramps and minor modifications to meet ADA requirements. Project components included ADA compliance review for accessible ramps/ pathways, comprehensive QA/ QC, and coordination with various ongoing City projects.
Great Park Western Sector; Water/ Sewer Infrastructure, Irvine, California. Cityoflrvine. Mr. Braunwas the Principal in Charge/ PM for the preliminary and final design of the large CEPproject located in the Western Sector of the Great Park in Irvine, CA. Scope included management of a team of eight subconsultants for the design of three backbone streets and a roundabout, including backbone water, sewer, and reclaimed water infrastructure. PROACTIVEacted as the Prime Consultant for this project.
Tom oversaw the design, consultant and city departments coordination, project budgets and impacts for the entire project. Project effort included bid and construction support.
Avenue 52/ Grapefruit, Palm Springs, California. Riverside County Transportation / OPC Services. As Principal in Charge, Mr. Braun was responsible for providing conceptual plans for a railroad grade separation for Avenue 52 near Highway 111. These conceptual plans minimized impacts to buildings, landscape, underground utilities, parkingareas, drive aislesand land takes for four large property owners.
In addition, PROACTIVE coordinated with the property owners and demonstrated how the sites could remain functional during construction.
Cactus Avenue Street Widening Improvements, Moreno Valley, California. City of Moreno Valley. Mr.
Braun served asprincipal -in -charge responsible for completingthe Preliminary Engineeringand Final PS&E for a 1. 8-mile, 5 lane arterial widening improvement accommodating a 3`dlane from 1-215 to Heacock Street, Project components included coordination with a major Caltrans Interchange Project ( I- 215/ Cactus), Caltrans encroachment permit, coordination with March Air Reserve Base ( Federal), soils engineering and environmental certification, and comprehensive program managementin addition to the typical PS& E.
Kitching Street Improvements, Moreno Valley, California. City of Moreno Valley. Principal in Charge responsible for oversight of nine subconsultants for preliminary and final design. Project consisted of widening 1.5 miles of Kitching Street between Gentian Avenue and Alessandro Boulevard, and included the preparation of a Project Study Report, two bridge widenings, R/W Appraisals and acquisitions, major utility pole relocations, environmental certification, traffic signal design, and comprehensive program management.
County of San Bernardino, SANBAG j OPC Services, Miller -Honey Property Take Mitigation, San Bernardino, California. Principal in Charge, responsible for providing conceptual design and grading engineering support for property takes on the Miller -Honey parcel as part of the SANBAG project.
Deliverables included exhibits, cost estimates, reports, and property grading analysis, along with various engineering studies.
Jurupa Valley Citywide Corridors Plan, Initial Proposal for Discussion October 19, 2022 • page 39 Regular City Council Meeting - May 15, 2025
STAFF REP
ORT
DATE: MAY 15, 2025
TO: HONORABL
E MAYOR AND CITY COUNCIL
FROM: RO
D BUTLER, CITY MANAGER
BY: JOE
PEREZ, ASSISTANT CITY MANAGER/COMMUNITY
DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 12.E
INITI
ATION OF A CODE AMENDMENT (ZCA) REVISING TITLE 9,
SECTION 9.240.490 PERTAINING TO THE SALE OF ALCOHOLIC
BEVERAGES
RECOMMENDATION
That the City Council init iate amendments to Title 9 ( Planning and Zoning) Section
9.240.490 Alcoholic Beverage Sales to (1) clarify processes and standards, (2) update requirements, and (3) remove inconsistencies.
BACKGROUND
On October 21, 2021, the City Council adopted a comprehensive set of regulations pertaining to the sale of alcoholic beverages (Jurupa Valley Municipal Code Section
9.240.490). Since the adoption of the ordinance, a number of clean-up items have been identified through the implementation of the new section including annual inspections.
ANALYSIS
It is recommended to amend the Code to clarify standards, process, and regulations, and remove inconsistencies. These amendments include, but not limited to, the following:
• Correcting & Clarifying Language. Some provisions are incorrectly included under the title of “Development Standards” and should be shown as separate entries.
For example, the section on “Applicability” is incorrectly identified as a “Development Standard.” In addition, sections on “ Findings” and “Investigative Procedures” are also listed as Development Standards. These provisions should be listed as separate sections. Additionally, there are certain standards that need to be clarified if it would apply to certain establishments such as fueling stations and drive-thru establishments.
• Eliminating Inconsistencies. There are inconsistent regulations pertaining to the maximum size of containers allowed to be sold. One regulation sets forth a
RETURN TO AGENDA
Regular City Council Meeting - May 15, 2025
maximum size of 40 ounces whereas another regulation limits the size to 32 ounces. The code should be amended to ensure consistency. • Improving Standards and Findings:
o The section of the C ode pertaining to signage does not identify size requirements. A standard that regulates the size of required signage should be considered.
o References are made to “high crime” areas, but it has been discovered that County Sheriff’s Department prefer other methods of identifying sites with enforcement concerns.
o There is a regulation limiting the display of all alcoholic beverage displays to be at least 5 feet from the store entrance. In practicality, however, the distance is not considered an effective deterrent to theft. An increased separation from the entrance should be evaluated.
• Deemed Approved. Clarify if required operational standards apply to “deemed approved” (legal nonconforming) establishments.
Initiation Process
A Code amendment requires initiation by the City Council. The following considerations apply to the initiation process:
1. Initiation of ZCA does not entail an evaluation of the merits of a proposed project or action but only whether or not to proceed with a formal evaluation process and public hearings.
2. The Council may express their opinions as to whether the City should proceed with the formal evaluation process, but should reserve their opinions regarding the merits or the ultimate action on the item until the evaluation process and public hearings have been completed.
3. Once the formal evaluation process and public hearings are completed, the City Council will have the opportunity to approve or disapprove or make changes to the recommended ZCA.
Should the Council decline or take no action, the existing Alcoholic Beverage Sales Ordinance will remain unchanged.
NOTICING REQUIREMENTS
The initiation of a code amendment is not subject to noticing requirements.
ENVIRONMENTAL DETERMINATION
Initiation of a code amendment is not subject to CEQA.
FINANCIAL IMPACT
Costs associated with this project were included in the FY 2024/2025 budget for Community Development.
ALTERNATIVES
Regular City Council Meeting - May 15, 2025
1. Recommended Action: That the City Council initiate a code amendment to amend Title 9 (Planning and Zoning) pertaining to the sale of alcoholic beverages.
2. Provide alternative direction to staff.
3. City Council may elect to not initiate the code amendment.
Prepared by:
'r�
Joe Perez
Assistant City Manager/Community
Development Director
Reviewed by:
Susan Paragas
Director of Finance
Reviewed by:
Peter M. Thorson
City Attorney
Attachments:
Submitted by:
� ii•�
Rod B. Butler
City Manager
Reviewed by:
Michael Flad
Assistant City Manager
1. Section 9.240.490 of the Jurupa Valley Municipal Code (Alcoholic Beverage Sales) Page I 3
- www.jurupavalley.org
Regular City Council Meeting - May 15, 2025
ATTACHMENT 1
(Section 9.240.490 - Alcoholic Beverage Sales)
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Created: 2025-01-30 14:35:34 [EST]
( Supp. No. 21)
Sec. 9.240.490. Alcoholic beverage sales.
A. Intent. The City Council has enacted the following provisions to provide minimum development standards for alcoholic beverage sales in the city. These standards are designed to provide for the appropriate development of alcoholic beverage sales and to protect the health, safety and welfare of city residents by furthering awareness of laws relative to drinking.
B. Permitted zoning for sale of alcoholic beverages for on-premises and off-premises consumption. The sale of alcoholic beverages for on-premises and off-premises consumption shall only be allowed in the following zones provided a conditional use permit has been approved pursuant to Section 9.240.280: R-A, A-1, R-R, R- 2, R-2A, R-3, R-3A, R-4, R-5, R-D, C-1/C-P, C-P-S, C-R, C-T, C-N, C-O, I-P, B-P, M-SC, M-M, M-H, and R-VC.
C. Development standards.
(1) Applicability. Except as provided in subsection C.(2) of this section, a conditional use permit shall be required for all proposed alcoholic beverage sale establishments located in the city that sell alcoholic beverages for on- or off-premises consumption.
(2) Exemptions. A conditional use permit shall not be required for the sale of alcoholic beverages at a retail commercial establishment which:
(a) Contains at least twelve thousand (12,000) square feet of interior floor space and is primarily engaged in the sale of groceries or at least ten thousand (10,000) square feet of interior floor space and dedicates at least ten (10) percent of the floor area for non-alcoholic beverage sales; and
(b) Does not sell motor vehicle fuels.
(3) Traffic impacts. Alcoholic beverage sale establishments shall not be situated in such a manner that vehicle traffic from the establishment may reasonably be believed to be a potential hazard to a school, church, public park, or playground.
(4) Separation requirements. No new on-sale or off-sale alcoholic beverage establishment shall be located within one thousand (1,000) feet of an existing on-sale or off-sale alcoholic beverage establishment and/or within one thousand (1,000) feet of residentially zoned property, public or private schools, day care facilities, home day care facilities, health care facilities, religious facilities, parks or playgrounds, and off-sale alcoholic beverage establishments, except:
(a) A restaurant with alcohol sales for on-site consumption without a bar or a restaurant with an ancillary bar with less total square footage than the restaurant eating area; (b) An alcoholic beverage manufacturer, such as a craft brewery, with an ancillary tasting room or craft brewery with a full-service restaurant;
(c) An alcoholic beverage sale establishment (both on-sale and off-sale) are proposed as part of a "Mixed-use Development;"
(d) An alcoholic beverage sale establishment (both on-sale and off-sale) are proposed as part of a new commercial project consisting of four (4) or more buildings; (e) An alcoholic beverage sale establishment (both on-sale and off-sale) located within the boundaries of the "Pedley Town Center," "Glen Avon Town Center" or "Rubidoux Town Center" as delineated in the city of Jurupa Valley General Plan; (f) An alcohol beverage sales establishment for on-site consumption operating in conjunction with one (1) of the following uses:
(i) Sports arena or entertainment venue;
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( Supp. No. 21)
(ii) Veterans club, lodge halls, or other non-profit organization clubs; (iii) Hotel or resort hotels;
(iv) Golf courses with standard length fairways; and
(v) Country clubs.
(5) Hearing notice. Notice of public hearings shall be mailed or delivered at least ten (10) days prior to the hearing to (a) all property owners as shown on the latest equalized assessment roll within one thousand (1,000) feet of the project boundaries, (b) any operators of elementary and secondary schools within one thousand (1,000) feet of the real property that is the subject of the hearing, and (c) any entity operating a public park or playground within one thousand (1,000) feet of the project boundaries. The Community Development Director may require that additional notice be given, in a manner the Director deems necessary or desirable, to other persons or public entities. The contents of the notice shall include the information specified in Section 9.05.080. For purposes of this subsection, distances shall be measured between the closest property lines of the affected locations. (6) Concurrent sale of motor vehicle fuels and beer and wine. The following additional development standards shall apply to the concurrent sale of motor vehicle fuels and beer and wine for off-premises consumption:
(a) Only beer and wine may be sold.
(b) The owner of each location and the management at each location shall educate the public regarding driving under the influence of intoxicating beverages, minimum age for purchase and consumption of alcoholic beverages, driving with open containers and the penalty associated with violation of these laws. In addition, the owner and management shall provide health warnings about the consumption of alcoholic beverages. This educational requirement may be met by posting prominent signs, decals or brochures at points of purchase. In addition, the owner and management shall provide adequate training for all employees at the location as to these matters.
(c) No displays of beer, wine or other alcoholic beverages shall be located within five (5) feet of any building entrance or checkout counter.
(d) Cold beer or wine shall be sold from, or displayed in, the main, permanently affixed electrical coolers only.
(e) No beer, wine or other alcoholic beverages advertising shall be located on gasoline islands; and no lighted advertising for beer, wine, or other alcoholic beverages shall be located on the exterior of buildings or within window areas.
(f) Employees selling beer and wine between the hours of ten (10:00) p.m. and two (2:00) a.m. shall be at least twenty-one (21) years of age.
(g) No sale of alcoholic beverages shall be made from a drive-in window. (h) No single can or bottle of alcoholic beverage less than or equal to forty (40) ounces shall be sold for off-premises consumption.
(i) No alcoholic beverage packages containing less than six (6) cans or bottles to a case may be sold. (j) The individual managing the alcoholic beverage establishment is responsible for the immediate removal of any person(s) found to be loitering as defined by state law. (k) All exterior access points to the building shall be secured and illuminated to identify any person and/or activity during late night hours. Employees shall limit trash removal and any unnecessary opening of exterior access points during late night hours.
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Created: 2025-01-30 14:35:34 [EST]
( Supp. No. 21)
(7) Findings. In addition to the required findings for conditional use permits as set forth in Section
9.240.280, the Planning Commission shall make the following findings in approving a conditional use permit for the operation of an on- or off-premises alcoholic beverage sale establishment:
(a) Required findings for proposed establishments with the sale of alcoholic beverages for on- premises or off-premises consumption.
(i) The proposed alcoholic beverage sales activity will not exacerbate existing problems in the neighborhood created by the sale of alcohol such as loitering, public drunkenness, sale of alcoholic beverages to minors, noise and littering.
(ii) The proposed alcoholic beverage sales establishment will not detrimentally affect nearby neighborhoods considering the distance of the alcohol establishment to residential buildings, schools, parks, playgrounds or recreational areas, nonprofit youth facilities, places of worship, hospitals, alcohol or other drug abuse recovery or treatment facilities, county social service offices, or other alcoholic beverage sales activity establishments. (iii) The proposed establishment meets the locational requirements of subsection
9.240.490C.(4).
(iv) The location of the proposed establishment is not within a high crime area, which is determined by the County Sheriff's Department.
(v) The proposed establishment is located in a census tract with capacity for additional licenses unless a determination of public convenience or necessity will be issued with the conditional use permit.
(8) Findings for conditional use permit suspension or revocation. (a) In addition to the grounds for revocation of a conditional use permit contained in subsection
9.240.340A. (Findings and Procedure for Revocation of Variances and Permits), an alcoholic beverage sales establishment's conditional use permit may be suspended for up to one (1) year or revoked in accordance with the procedures in Section 9.240.340 for failure to comply with one (1) or more of the following requirements:
(i) Operational standards.
(ii) Development standards.
(iii) Condition(s) of approval imposed through their conditional use permit. (b) Any conditional use permit issued pursuant to the provisions of this section shall expire, be terminated and cease to apply to a property when the following occurs:
(i) The use has ceased its operation for a period of one hundred eighty (180) or more calendar days; and
a. If there is thereafter filed any application or requested transaction with the State Alcoholic Beverage Control ("ABC"), whereby the laws of the state require notice thereof to be filed with the city, and allow the filing of a protest thereon by the city (including person-to-person transfer of existing licenses); or b. Where after such one-hundred-eighty-calendar-day period, the existing license shall have ceased to apply to such establishment; or
(ii) Where the existing license shall have been surrendered to ABC for a period exceeding one- hundred-eighty-calendar days.
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Created: 2025-01-30 14:35:34 [EST]
( Supp. No. 21)
(9) Investigative procedures of potential violation of conditions of approval, operational standards, and development standards. Upon the city's receipt of a complaint from the public, County Sheriff, City Official or any other interested person that an activity is in violation of the operational standards and/or conditions of approval set forth in this section, the following procedure shall be followed:
(a) An enforcement officer shall assess the nature of the complaint and its validity by conducting an on-premises observation and inspection of the premises to assess the use's compliance with operational standards and/or conditions of approval.
(b) If the enforcement officer determines that the use is in violation of the operational standards, development standards and/or conditions of approval, the enforcement officer shall give written notice of the violation to the owner and/or operator of the establishment and seek to remedy the violation under the city's administrative citation procedures contained in Chapter 1.16 and
1.20 of this Code. The first notice of violation shall be given in accordance with Section 1.16.090 of this Code. If, however, the enforcement officer, in his or her sole discretion, determines that the violation is not capable of correction, presents a serious threat to public health or safety, or otherwise warrants expedited action, he or she may, in lieu of following the administrative citation procedure, refer the matter directly to the Planning Commission for a hearing at which the establishment's conditional use permit may be suspended, modified, or revoked. (c) Any administrative citation issued under this section shall be issued, processed, and enforced in compliance with all of the provisions of Chapters 1.16 and 1.20 of this Code, unless otherwise expressly provided by this section. If the owner or operator receiving an administrative citation contests the citation and a hearing is held pursuant to Chapters 1.16 and 1.20, the hearing officer may, in addition to exercising all powers designated in Chapters 1.16 and 1.20, make a recommendation to the Planning Commission to suspend, modify, or revoke the establishment's conditional use permit if in the judgment of the hearing officer, based upon information then before the hearing officer, such action is necessary to ensure compliance with this section. Such recommendation may include the suggestion of additional or amended reasonable conditions on the use, including, without limitation, the operational standards listed in subsection E. of this section and the development standards listed in subsection C. of this section. (d) If a hearing before the Planning Commission is conducted on a potential violation in the manner prescribed in Section 9.240.340, it shall determine whether the use is in compliance with the operational standards and/or conditions of approval and/or performance standards if applicable.
Based on this determination, the Planning Commission may suspend or revoke the use's conditional use permit or impose additional or amended conditions on the use, including, without limitation, the operational standards listed in subsection E. of this section and the development standards listed in subsection C. of this section, based upon the information then before it. In reaching a determination as to whether a use has violated the operational standards or conditions of approval, or as to the appropriateness of suspending or revoking of a conditional use permit, or the imposition of additional or amended conditions on a use, the Planning Commission may consider the following:
(i) The length of time the use has been out of compliance with the operation standards, development standards, and/or conditions of approval.
(ii) The impact of the violation of the operation standards, development standards, and/or conditions of approval on the community.
(iii) Any information regarding the owner of the use's efforts to remedy the violation of the operational standards, development standards, and/or conditions of approval. "Efforts to remedy" shall include, without limitation:
Regular City Council Meeting - May 15, 2025
Created: 2025-01-30 14:35:34 [EST]
( Supp. No. 21)
a. Timely calls to the County Sheriff's that are placed by the owner and/or operator of the establishment, his or her employees, or agents. b. Requesting that those persons engaging in activities causing violations of the operational standards, development standards, and/or conditions of approval cease those activities, unless the owner or operator of the use, or his or her employees or agents feels that their personal safety would be threatened in making that request.
c. Making improvements to the establishment's property or operations, including, without limitation, the installation of lighting sufficient to illuminate the area within the use's property line, the installation of security cameras, the clearing of window obstructions, the cleaning of sidewalks, and the abatement of graffiti within three (3) days.
(e) If in the judgement of the Planning Commission, the operations of the owner or operator of the establishment constitute a nuisance, the owner or operator is unable or unwilling to abate the nuisance and the nuisance is shown to be a threat to the public health and safety of the surrounding neighborhood, the Planning Commission may suspend, modify, or revoke the use's conditional use permit. All determinations, decisions, and conditions made or imposed regarding the use shall run with the land.
(f) The decision of the Planning Commission shall be final and conclusive, unless appealed in writing to the city Council within ten (10) days of the Planning Commission's action. (10) Appeal from suspension or revocation of conditional use permit. Any applicant or other person aggrieved by a decision of the Planning Commission from a suspension or revocation of a conditional use permit pursuant to this section may appeal the decision to the city Council pursuant to Section
9.05.100 of this Code.
D. Additional development requirements. Additional development standards may be required as conditions of approval.
E. Operational standards applicable to proposed establishments with on-premises or off-premises consumption of alcoholic beverages and proposed modifications to such establishments with conditional use permits. (1) All proposed establishments (and modifications to existing establishments approved with conditional use permits) with the sale of alcoholic beverages for on-premises and off-premises consumption shall be designed, constructed, and operated to conform to all of the following operational standards:
(a) That it does not result in adverse effects to the health, peace, or safety of persons residing or working in the surrounding area.
(b) That it does not jeopardize or endanger the public health or safety of persons residing or working in the surrounding area.
(c) That it does not result in repeated nuisance activities within the premises or in close proximity of the premises, including, without limitation, disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, littering, loitering, graffiti, illegal parking, excessive loud noises (especially in the late night or early morning hours), traffic violations, curfew violations, lewd conduct, or law enforcement detentions and arrests. (d) That an off-sale consumption establishment complies with the following alcohol sale limitations:
Regular City Council Meeting - May 15, 2025
Created: 2025-01-30 14:35:34 [EST]
( Supp. No. 21)
(i) No wine shall be displayed, sold, or given away in containers of less than seven hundred fifty (750) milliliters, except multipack containers of wine, and multipack wine coolers containing no more than six (6) percent alcohol by volume. (ii) No wine shall be displayed, sold, or given away with an alcoholic content greater than fifteen (15) percent by volume unless in corked bottles and aged at least two (2) years. (iii) No distilled spirits shall be displayed, sold, or given away in containers of less than three hundred seventy-five (375) milliliters, including, without limitation, airline bottles, except pre-mixed cocktails.
(iv) No distilled spirits shall be displayed, sold or distributed in three hundred seventy-five (375) milliliters hip flask containers.
(v) No beer, ale, or malt liquor shall be offered for sale in a container with a volume greater than thirty-two (32) ounces. This restriction is not intended to prohibit the sale of such beverages in kegs or other types of containers, with a volume of two (2) or more gallons, which are clearly designed to dispense multiple servings. (vi) No sale, distribution or giving away of alcoholic beverages shall be made from a drive-thru or walk-up window.
(vii) No display, sale, distribution or giving away of beer or wine, wine coolers or similar alcoholic beverages shall be made from an ice tub, barrel, or similar container. (viii) All display of alcoholic beverages shall be at least five (5) feet from the store entrance. (e) That it complies with the following public nuisance prevention measures:
(i) Adequate lighting. The exterior areas of the premises, including on-site parking area and pedestrian paths, shall be provided with sufficient lighting in a manner that provides adequate illumination for alcohol establishment patrons while not spilling onto surrounding properties or streets. A photometric study may be required to demonstrate compliance.
(ii) Waste management. Adequate waste receptacles shall be provided on site and in the building. The premises shall be kept free of the accumulation of litter or waste. Removal of waste or litter from the waste receptacles shall occur at a minimum of once each day the business is open.
(iii) Loitering. The following measures shall be required:
a. No fixtures or furnishings that encourage loitering and nuisance behavior shall be permitted on the exterior of the building where alcoholic beverage sales occur. This includes, without limitation, chairs, seats, stools, benches, tables, and crates, etc. located outside of the building.
b. Except for on-sale establishments, no video or other electronic games shall be located in an alcoholic beverage establishment.
c. No pay phones shall be permitted on the exterior of the building where alcoholic beverage sales occur.
(iv) Prohibited advertising display or signage. Exterior advertising of alcoholic products, tobacco and paraphernalia, or similarly controlled products, as defined in Section 5.68.020 of this Code, are prohibited.
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Created: 2025-01-30 14:35:34 [EST]
( Supp. No. 21)
(v) Required signage. The following signs shall be required to be prominently posted in a readily visible manner on an interior wall or fixture, and not on windows, in English and Spanish:
a. "California State Law prohibits the sale of alcoholic beverages to persons younger than 21 years of age;"
b. "No Loitering or Public Drinking;"
c. "It is illegal to possess an open container of alcohol in the vicinity of this establishment (not required for on-sale establishment)." (vi) Presentation of documents. A copy of any applicable conditions of approval and the ABC license shall be required to be kept on the premises and presented to any enforcement officer or authorized state or county official upon request. (vii) Mitigating alcohol related problems. The establishment shall be required to operate in a manner appropriate with mitigating alcohol related problems that negatively impact those individuals living or working in the neighborhood including, without limitation, sales to minors, the congregation of individuals, violence on or near the premises, drunkenness, public urination, solicitation, drug-dealing, drug use, loud noise and litter. (viii) Drug paraphernalia. An off-sale alcohol establishment shall be prohibited from selling drug/tobacco paraphernalia products as defined in California Health and Safety Code Sections 11014.5 and 11364.5. "Drug paraphernalia" means all equipment products and materials of any kind that are used intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the California Uniform Controlled Substances Act commencing with California Health and Safety Code Section 11000. (ix) Prohibited vegetation. Exterior vegetation shall not be planted or maintained to create a hiding place for persons on the premises.
(x) Window obstructions. To ensure a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance, no more than fifteen (15) percent of windows and entry doors shall be blocked by signs, vending machines, shelves, racks, storage, etc. (xi) Posting of documents. A copy of these operational standards, any applicable alcoholic beverage control agency regulations or city operating conditions, and any training requirements shall be posted in at least one (1) prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment.
(2) Failure to comply with these requirements shall constitute grounds for revocation of a conditional use permit.
F. Deemed approved alcoholic beverage sales regulations. (1) Deemed approved status. Except as otherwise provided in this section, any permitted or conditionally permitted on- and off-premises alcoholic beverage establishments, and any legal nonconforming off- premises alcoholic beverage establishments lawfully operating prior to December 4, 2021, pursuant to an ABC license that authorizes the retail sale of alcoholic beverages for off-premises consumption shall thereafter be an establishment with deemed approved status in accordance with this subsection F.(1).
In addition, any alcoholic beverage establishment exempt from the requirement to obtain a conditional Regular City Council Meeting - May 15, 2025
Created: 2025-01-30 14:35:34 [EST]
( Supp. No. 21)
use permit pursuant to subsection C.(2) of this section that lawfully commences operations prior to, on, or after December 4, 2021, shall be an establishment with deemed approved status for purposes of this section.
(2) Deemed approved performance standards. The provisions of this subsection F.(2) shall be known as the deemed approved performance standards. The purpose of these standards is to control dangerous or objectionable environmental effects of alcoholic beverage sales activities. These standards shall apply to all deemed approved alcoholic beverage sales activities that hold deemed approved status pursuant to this section. An on-premises and off-premises alcoholic beverage sales activity shall retain its deemed approved status only if it conforms to all of the following deemed approved performance standards:
(a) All public nuisance provisions as established in Subsection E.(1)(e) of this section. (b) The alcoholic beverage sales establishment shall not cause adverse effects to the health, peace, or safety of persons residing or working in the surrounding area. (c) The alcoholic beverage sale establishment shall not jeopardize or endanger the public health, or safety of persons residing or working in the surrounding area. (d) The alcoholic beverage sale establishment shall not allow repeated nuisance activities within the premises or in close proximity of the premises, including, without limitation, disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises (especially in the late night or early morning hours), traffic violations, curfew violations, or lewd conduct. (3) Grounds for deemed approved status suspension, revocation, or termination. (a) An alcoholic beverage sales establishment's deemed approved status may be suspended for up to one (1) year, modified or revoked by the Planning Commission after holding a public hearing in the manner prescribed in Section 9.240.340, for failure to comply with the performance standards set forth in subsection F.(2) of this section. Notice of such hearing by the Planning Commission at which it will consider the modification, suspension, or revocation of an establishment's deemed approved status shall be in writing and shall state the grounds therefore. Notice shall be mailed by first-class mail and certified mail return receipt requested at least ten (10) days before the date of the hearing.
(b) The occurrence of any of the following shall terminate the deemed approved status of the alcoholic beverage sales activity after notice and a hearing by Planning Commission in accordance with Section 9.240.340, and require the issuance of a conditional use permit in order to continue the alcoholic beverage sales activity:
(i) An existing alcoholic beverage sales activity changes its activity so that ABC requires a different type of license.
(ii) There is a substantial change in the mode or character of the operation. (iii) As used herein, the phrase "substantial modification to the mode or character of operation" includes, without limitation, the following:
a. The off-sale alcoholic beverage sales activity establishment increases the floor or land area or shelf space devoted to the display or sales of any alcoholic beverage.
b. The off-sale alcoholic beverage sales activity establishment extends the hours for the sales of alcoholic beverages.
Regular City Council Meeting - May 15, 2025
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( Supp. No. 21)
c. The off-sale alcoholic beverage sales activity establishment proposes to reinstate alcohol sales after the ABC license has either revoked or suspended for a period of one hundred eighty (180) days or greater by ABC. d. The off-sale alcoholic beverage sales activity voluntarily discontinues active operation for more than one hundred eighty (180) consecutive days or ceases to be licensed by ABC.
(iv) A "substantial change in the mode of character of operation" shall not include:
a. Re-establishment, restoration or repair of an existing off-sale alcoholic beverage sales activity on the same premises after the premises have been rendered totally or partially inaccessible by a riot, insurrection, toxic accident, or act of God, provided that the re-establishment, restoration, or repair, does not extend the hours of operation of the sale of alcoholic beverages, or adds to the capacity, floor or land area, or shelf space devoted to alcoholic beverages of any establishment that sells any alcoholic beverages for off-premises consumption.
b. Temporary closure for not more than one hundred eighty (180) days in cases of vacation or illness or for purposes of repair, renovation, or remodeling if that repair, renovation, or remodeling does not change the nature of the premises and does not extend the hours of operation of any establishment, or add to the capacity, floor or land area, or shelf space devoted to alcoholic beverages of any establishment that sells any alcoholic beverages for off-premises consumption, provided notice is provided to the city. The Planning Commission may, upon request of an owner of an alcoholic beverage sales establishment that is made prior to the expiration of one hundred eighty (180) days, grant one (1) or more extensions to the period of temporary closure, none of which may exceed sixty (60) days, and together not to exceed one hundred eighty (180) days.
(v) Once it is determined by the city that there has been a discontinuance of active operation for one hundred eighty (180) consecutive days or a cessation of the ABC licensing, it may be resumed only upon the granting of a conditional use permit as provided in subsections C. to E. of this section. In the event that any active operation is discontinued on a property for a period of one hundred eighty (180) consecutive days, such discontinuance shall be presumed to be abandonment of the use by the property owner. At any time after any active operation is discontinued for a period of one hundred eighty (180) consecutive days or more, the city Manager, or his or her designee, shall notify the property owner in writing of the determination of presumed abandonment of the active operation. The property owner shall be notified by the city of the termination of the deemed approved status and shall be informed of the property owner's right to appeal the city's decision to the Planning Commission. Pursuant to Section 9.240.080, the property owner may appeal the determination to the Planning Commission, which may overturn the determination only upon making a finding that the evidence supports the property owner's position that the nonconforming use was not discontinued for a period of one hundred eighty (180) consecutive days or more.
(4) Investigative procedures of potential violation of performance standards by establishment with deemed approved status. Upon the city's receipt of a complaint from the public, County Sheriff's, City Official, or any other interested person that a deemed approved use is in violation of the performance standards set forth in this section, the following procedure shall be followed:
Regular City Council Meeting - May 15, 2025
Created: 2025-01-30 14:35:34 [EST]
( Supp. No. 21)
(a) An enforcement officer shall assess the nature of the complaint and its validity by conducting an on-premises observation and inspection of the premises to assess the use's compliance with performance standards.
(b) If the enforcement officer determines that the deemed approved use is in violation of the performance standards, the enforcement officer shall give written notice of the violation to the owner and/or operator of the establishment and seek to remedy the violation under the city's administrative citation procedures contained in Chapters 1.16 and 1.20 of this Code. The first notice of violation shall be given in accordance with Section 1.16.090 of this Code. If, however, the city Manager, in his or her sole discretion, determines that the violation is not capable of correction, presents a serious threat to public health or safety, or otherwise warrants expedited action, he or she may in lieu of following the administrative citation procedure, refer the matter directly to the Planning Commission for a hearing at which the deemed approved use's deemed approved status may be suspended, modified, or revoked. (c) Any administrative citation issued under this section shall be issued, processed, and enforced in compliance with all of the provisions of Chapters 1.16 and 1.20 of this Code, unless otherwise expressly provided by this section. If the owner or operator receiving an administrative citation contests the citation and a hearing is held pursuant to Chapters 1.16 and 1.20, the hearing officer may, in addition to exercising all powers designated in Chapters 1.16 and 1.20, make a recommendation to the Planning Commission to suspend, modify, or revoke the deemed approved use's deemed approved status if in the judgment of the hearing officer, based upon information then before the hearing officer, such action is necessary to ensure compliance with this section. Such recommendation may include the suggestion of additional or amended reasonable conditions on the use, including, without limitation, the operational standards listed in subsection E. of this section and the development standards listed in subsection C. of this section.
(d) If a hearing is conducted on a potential violation in the manner prescribed in Section 9.240.340, the Planning Commission shall determine whether the deemed approved use is in compliance with the performance standards. Based on this determination, the Planning Commission may suspend or revoke the deemed approved use's deemed approved status or impose additional or amended conditions on the use, including, without limitation, the conditions listed in the operational standards listed in subsection E. of this section and the development standards listed in subsection C. of this section, based on information then before it. In reaching a determination as to whether a use has violated the performance standards, or as to the appropriateness of suspending or revoking a deemed approved use's deemed approved status, or imposing additional or amended conditions on the use, the Planning Commission may consider:
(i) The length of time the deemed approved use has been out of compliance with the performance standards.
(ii) The impact of the violation of the performance standard(s) on the community. (iii) Any information regarding the owner of the deemed approved use's efforts to remedy the violation of the performance standard(s).
(e) "Efforts to Remedy" shall include, without limitation:
(i) Timely calls to the County Sheriff's that are placed by the owner and/or operator of the deemed approved use, his or her employees, or agents.
(ii) Requesting that those persons engaging in activities causing violations of the performance standard(s) cease those activities, unless the owner of the deemed approved use, or his or Regular City Council Meeting - May 15, 2025
Created: 2025-01-30 14:35:34 [EST]
( Supp. No. 21)
her employees or agents feels that their personal safety would be threatened in making that request.
(iii) Making improvements to the deemed approved use's property or operations, including, without limitation, the installation of lighting sufficient to illuminate the area within the use's property line, the installation of security cameras, clear unobstructed windows, clean sidewalks, and graffiti abated within three (3) days.
(f) If in the judgment of the Planning Commission, the operations of the owner or operator of the deemed approved use constitute a nuisance, the owner is unable or unwilling to abate the nuisance and the nuisance is shown to be a threat to the public health and safety of the surrounding neighborhood, the Planning Commission may suspend, modify, or revoke the use's deemed approved status. If suspended, any continued sale of alcoholic beverages sales for on- premises or off-premises consumption shall require a conditional use permit approved by the Planning Commission.
(g) The decision of the Planning Commission shall be final and conclusive, unless appealed in accordance with the provisions of Sections 9.05.100 and 9.05.110 of this title. (5) Appeal from suspension, modification, or revocation of deemed approved status. Any applicant or other person aggrieved by a decision of the Planning Commission from a suspension, modification, or revocation of an establishment's deemed approved status pursuant to this section may appeal the decision to the city Council pursuant to Sections 9.05.100 and 9.05.110 of this title.
G. Determination of public convenience or necessity.
(1) Statement of policy. Pursuant to California Business and Professions Code Division 9, Chapter 6, Article 1 (commencing with Section 23950), ABC is charged with the responsibility under state statute to review and issue licenses for the sale and/or manufacture of alcoholic beverages. If issuance of a proposed license, excluding licenses for non-retail, hotel, motel, restaurant and manufacturing establishments, would result in or add to an undue concentration of licenses, the city may make a determination of public convenience or necessity for the license within ninety (90) days of receipt of an application. It is the responsibility of the applicant to justify the public convenience or necessity for alcohol sales. Issuance of a letter of determination of public convenience or necessity is a discretionary action to be decided by the Planning Commission after reviewing the submittal of an application for a determination of public convenience or necessity.
(2) Determination of public convenience or necessity. The City Council has established procedures for the determination of public convenience or necessity and has delegated the responsibility for making such determinations to the city Planning Commission. The Planning Commission will consider a request from an applicant to make a determination whether or not a case for public convenience or necessity exists. (3) Applications. Applications for issuance of a letter of determination of public convenience or necessity shall be made in writing to the Community Development Department. To assist the city in making the determination, the applicant must provide a typed and detailed letter stating how public convenience or necessity would be served by issuance of the applied for license. The letter should include the following information:
(a) The type of license requested from ABC;
(b) Whether the requested license is an existing license; (c) Name, address and telephone number of applicant;
(d) Name, address and telephone number of proposed business; (e) A written statement of justification, including:
Regular City Council Meeting - May 15, 2025
Created: 2025-01-30 14:35:34 [EST]
( Supp. No. 21)
(i) The primary purpose of the business;
(ii) Whether the sale of alcohol is an essential part of the primary purpose of the business; (iii) Days and hours of operation;
(iv) The percentage of the business anticipated being alcohol sales; (v) Whether there be concurrent sales of motor vehicle fuels and alcoholic beverages for off- premises consumption; and
(vi) The reasons or justifications for approving a determination of public convenience or necessity for an additional license.
(f) A floor plan indicating the location and dimensions of space allocated for alcohol, the type and dimensions of storage areas and units, and the location for the sale of alcohol; (g) Any safety measures or mitigations that may benefit the health, safety and welfare of the community;
(h) Any documentation on over-concentration and/or crime rates or conditions received from ABC; (i) If the applicant operated at other locations, the name and address of each location; (j) Any letters of support from the community for the sale of alcohol; and (k) Any additional information as determined by the Community Development Department. (4) Public hearing. A public hearing shall be held on the application in accordance with the provisions of Section 9.240.250 and all the procedural requirements and rights of appeal as set forth therein shall govern the hearing.
(a) The Planning Commission shall serve as the approving body subject to a public hearing, as required by Section 9.240.250.
(b) The Community Development Department shall route the application to the appropriate departments, including the Crime Prevention Unit of the Police Department, for input and recommendations.
(c) Once an application has been deemed complete, the Community Development Director shall consider and make a recommendation to approve, approve with conditions or deny the permit.
The city wishes to balance the number of on-premises and off-premises establishments with the convenience of the local store consumers. The following criteria will be used when considering the approval of an off-premises consumption license:
(i) The retail location must consist of at least seven thousand (7,000) square feet of gross floor area.
(ii) No more than ten (10) percent of the floor area may be devoted to alcoholic beverage sales.
(iii) At least ten (10) percent of the floor area must be devoted to food sales. (iv) If the location of the proposed establishment is within a high crime rate area, which is determined by the County Sheriff's Department.
(v) The subject project and building and proposed use has no outstanding building and health code violations or code enforcement activity.
(vi) The site is properly maintained including building improvements, landscaping and lighting.
Regular City Council Meeting - May 15, 2025
Created: 2025-01-30 14:35:34 [EST]
( Supp. No. 21)
(vii) The proposed business is located more than one thousand (1,000) feet from a public or private school (pre-school through twelfth grade), as measured from any point upon the outside walls of the building or building lease space containing the proposed business to the nearest property line of the school.
(viii) The proposed business is not located along a regular path of pedestrian travel by school children to a public or private school (pre-school through twelfth grade). (d) The recommendation shall be forwarded to the Planning Commission which shall act to approve, approve with conditions, or deny the application within ninety (90) days from submittal. (5) Findings. The Planning Commission shall make the following findings in making a determination of public convenience or necessity and approving or conditionally approving an application for issuance of a letter of determination of public convenience or necessity:
(a) That the proposed use will not be detrimental to the health, safety and welfare of the community;
(b) That the proposed use would enhance the economic viability of the area in which it is proposed to be located;
(c) That the proposed use is compatible with the surrounding area; (d) That the background of the proposed licensee and the history of the premises or any premises the applicant has operated in the past were not detrimental to the health, safety and welfare of the community; and
(e) That the applicant will agree, in writing, to the conditions placed upon the application. (6) Conditions of approval. The Planning Commission may impose such conditions as are necessary to protect the health, safety and welfare of the community and fulfill the findings required for the determination of public convenience or necessity.
H. Annual alcohol sales regulatory fee.
(1) The intent and purpose of this section is to impose a regulatory fee upon all on-sale and off-sale establishments that sell alcoholic beverages and that either hold deemed approved status pursuant to this section or obtained a conditional use permit after December 4, 2021. This fee shall provide for the enforcement and regulation of the conditions of approval, operational standards, development standards, and other applicable regulations set forth in this section with regard to off-sale alcohol establishments.
(2) The annual alcohol sales regulatory fee shall be established by resolution of the city Council. The fee shall be calculated so as to recover the total cost of both administration and enforcement of the performance standards and other applicable regulations set forth under this section upon all off-sale alcohol establishments that either hold deemed approved status pursuant to this section or obtained a conditional use permit after the December 4, 2021, including, for example, notifying establishments of their deemed approved status, administering the program, establishment inspection and compliance checks, documentation of violations, conducting hearings, and prosecution of violators, but shall not exceed the cost of the total program. All fees shall be used to fund the program. Fees are nonrefundable except as may be required by law.
I. Annual on-sale and off-sale alcoholic beverage sales establishment inspection. (1) The city's Code Enforcement Department shall have the power and authority to enter an on-sale and off-sale alcoholic beverage sales establishment during regular business hours to inspect the premises to determine compliance with the provisions of this chapter.
Regular City Council Meeting - May 15, 2025
Created: 2025-01-30 14:35:34 [EST]
( Supp. No. 21)
(2) All on-sale and off-sale alcoholic beverage sales establishments, including on-sale and off-sale alcoholic beverage sales establishments with deemed-approved status, shall be subject to an annual inspection by a city code enforcement officer pursuant to the authority in subsection I.(1).
J. Alcoholic beverage sales activity penalties.
(1) Any person or establishment violating any of the provisions of this section or who causes or permits another person to violate any provision of this section may be charged with an infraction or a misdemeanor, and shall be subject to the provisions of the general penalty clause as set forth in Chapter 1.15 of this Code.
(2) In addition to the penalties provided in this section, any use or condition caused or permitted to exist in violation of any of the provisions of these regulations shall be and is declared to be a public nuisance and may be abated as such by the city.
(3) Nothing in this section shall be construed to prevent the city from pursuing any and all other legal remedies that may be available, including, without limitation, civil actions filed by the city Attorney seeking any and all appropriate relief such as civil injunctions and penalties. (4) Notwithstanding Chapters 1.15, 1.16, 1.20, and 1.25, or any other section of this Code to the contrary, any person, entity, or organization that violates the provisions of this section may be subject to civil penalties up to one thousand dollars ($1,000) for each day said violation is in existence. (5) Any violator shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of these regulations is committed, continued, permitted, or caused by such violator and shall be punishable accordingly.
(6) In addition to the punishment provided by law a violator is liable for such costs expenses and disbursements paid or incurred by the city or any of its contractors in correction, abatement, and prosecution of the violation. Re-inspection fees to ascertain compliance with previously noticed or cited violations may be charged against the owner of the establishment conducting the deemed approved use or owner of the property where the establishment is located. The enforcement officer shall give the owner or other responsible party of such affected premises a written notice showing the itemized cost of such chargeable service and requesting payment thereof. Should the bill not be paid in the required time, the charges shall be places as a lien against the property. (Ord. No. 2012-02, § 1, 6-7-2012; Ord. No. 2014-01, § 1, 3-20-2014; Ord. No. 2015-19, § 1, 12-17-2015; Ord. No. 2021-09, § 4, 4-15-2021; Ord. No. 2021-21, § 47, 11-4-2021)
Regular City Council Meeting - May 15, 2025
120
STAFF REPO
RT
DATE: MAY 15, 2025
TO: HONORABLE
MAYOR AND CITY COUNCIL
FROM: ROD
BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 12.F
NOTICE OF
COMPLETION FOR MISSION BLVD AND PYRITE STREET
IMPROVEMENT, PROJECT NO. 21113, IN THE CITY OF JURUPA
VALLEY
RECOMME
NDATION
1. That the C
ity Council approve the Notice of Completion and accept the project for Mission Blvd and Pyrite Street Improvement, project # 21113, authorizing the City Clerk to record the Notice of Completion.
2. Authorize staff to release the retention 35 days after the filing of the notice of completion.
BACKGROUND
At its
regular meeting on July 6, 2023, the City Council approved the Fiscal Year 2023- 2024 through Fiscal Year 2027-2028 Capital Improvement Program (“CIP”). The Mission Boulevard and Pyrite Street Improvement project, CIP #21113 was included as part of this five-year CI P. The project scope consists of paving rehabilitation, curb, gutter, signing, striping, ADA access ramps, street widening, Landscaped raised median, installation of traffic signal, and storm drain improvements.
On August 28, 2023, a Notice Inviting Bids was published on PlanetBids, the City’s online web-based procurement and bidding system, and the local newspaper, Press Enterprise.
No addendums were issued during the solicitation period.
RETURN TO AGENDA
Regular City Council Meeting - May 15, 2025
ANALYSIS
The construction contract was awarded to All American Asphalt Inc. at the City Council meeting held on September 21, 2023, in the amount of $4,326,782.00 along with 10% contingency. Subsequently, during the regular City Council meeting on April 17,2025 approved Resolution 2025- 32 authoring the additional scope of work amending the contract amount to $5,085,424.21
Staff recommends that the City Council accept the project and authorize the City Clerk to record the Notice of Completion.
OTHER INFORMATION
The completion of the project was impacted by delays resulting from weather conditions, design revisions, utility relocation coordination, and schedule adjustments implemented to minimize traffic impacts during construction.
FINANCIAL IMPACT
The anticipated construction contract for the project is $5,085,424.21.the project was funded by American Rescue Plan Act (ARPA) and has no impact to the City’s general fund.
ALTERNATIVES
1. Do not Approve the Notice of Completion.
2. Provide alternative direction to Staff.
************************ SIGNATURES ON FOLLOWING PAGE *************************
Regular City Council Meeting - May 15, 2025
raser
eputy Director of Public
Works/Assistant City Engineer
Reviewed by:
Susi£;:=
Finance Director
Reviewed by:
Peter M. Thorson
City Attorney
Attachments:
Reviewed by:
�: Works/City Engineer
Reviewed by:
Michael Flad
Assistant City Manager
Submitted by:
-Ro-d. #-�1
RodB.Butler
City Manager
1. Notice of Completion, Project CIP #21113, Mission Pyrite Street Improvement Page I 3
www.jurupavalley.org
Regular City Council Meeting - May 15, 2025
Regular City Council Meeting - May 15, 2025
RECORDING REQUESTED
BY AND WHEN RECORDED
MAIL TO:
City Clerk
City of Jurupa Valley
8930 Limonite Ave.
Jurupa Valley CA, 92509
(For Recorder’s Use)
NOTICE OF COMPLETION
(Civil Code 3093 – Public Works)
NOTICE IS HEREBY GIVEN by the undersigned owner, a public entity of the State of California that a public work of improvement has been completed as follows:
Project title or description of work: Mission Blvd and Pyrite Street Improvement CIP#21113 Date of completion: 04/28/2025
Nature of owner: City/Public Entity
Interest or estate of owner: City of Jurupa Valley
Address of owner: 8930 Limonite Ave
Jurupa Valley, CA 92509
Name of contractor: All American Asphalt,
400 East Sixth Street.
Corona, CA 92879
Street address or legal description of site: Mission Blvd and Pyrite Street Improvement, (Mission – Pyrite)
Signature of Director of Public Work/City Engineer:
Paul Toor
Director of Public Works/City Engineer
Verification
I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Manager of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and the facts stated therein are true and correct.
Executed at Jurupa Valley, California on this 15TH day of May 2025.
By: Attest:
Rod Butler
City Manager
Evelyne Ssenkoloto,
Interim City Clerk
Regular City Council Meeting - May 15, 2025
Regular City Council Meeting - May 15, 2025
STAFF REPORT
DATE: MAY 15, 2025
TO: HONO
RABLE MAYOR AND CITY COUNCIL
FRO
M: ROD BUTLER, CITY MANAGER
PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 12.G
APPRO
VAL OF THE FIRST AMENDMENT BETWEEN THE CITY OF
JURUPA VALLEY AND HARRIS & ASSOCIATES, INC. FOR ON- CALL
ASSESSMENT ENGINEERING SERVICES
RECOM
MENDATION
1) That t
he City Council approve the First Amendment to the Agreement between the City of Jurupa Valley and Harris & Associates, Inc. for On -Call Assessment Engineering Services and authorize the City Manager to execute the amendment in substantially the form and format attached and as approved by the City Attorney.
BACKGROUND
On Dec
ember 21, 2022, the City published a Request for Proposals (“RFP”) for On- Call Assessment Engineering. The scope of work included preparing the annual assessments associated with the various Community Facilities Districts (“CFD”) and Lighting and Landscape Maintenance Districts (“LLMD”), as well as performing the necessary functions involved with formation of new CFDs and annexations into the existing LLMD associated with new developments. O n March 16, 2023, the City Council approved an on-call agreement between the City and Harris & Associates, Inc. (“Harris”) to perform assessment engineering services.
ANALYS
IS
Sinc
e the execution of the Agreement, Harris has been performing the assessment engineering services associated with formation of CFDs and annexation into the existing LLMD for new development throughout the City. Additionally, Harris prepared and submitted the annual assessments for FY 2023- 2024, and is currently preparing the annual assessment submittal for FY 2024- 2025. The Agreement called for a not to exceed amount of $ 200,000.00 per fiscal year. The services provided by Harris are reimbursable through development projects (CFD formations and LLMD annexations) and annual property tax apportionments received from special assessments.
RETURN TO AGENDA
Regular City Council Meeting - May 15, 2025
With the steady increase of development occurring throughout the City over the past two years, Harris has been vital in providing assessment engineering services to keep projects in motion, as well as the on-time submittal of the annual special assessments to the Riverside Couty Assessor. Through the first nine months of FY 2024-2025, the City, with the assistance provided by Harris, has processed twice as many annexations and formations than were prepared in the first full year of the agreement.
Due to the heavy workload, Harris is approaching the not to exceed amount of $200,000.00. For the City to continue rendering assessment engineering services, an amendment is needed to increase the not -to-exceed amount. The proposed First Amendment will increase Harris’ Agreement to $ 260,000.00 per fiscal year thr ough the initial term of the Agreement (through June 30, 2026). It should be noted that the request is to increase the annual contract cap. The Consultant will be compensated only for the actual work performed based upon approved rates and as authorized by City staff.
The funding to pay for the proposed amendment is available in the current Fiscal Year 2024-25 budget. There is no stated impact to the General Fund as the funding come s from new development projects and annual property tax apportionments received from special assessments.
FINANCIAL IMPACT
If the First Amendment is approved, the not to exceed amount will be increased to $260,000.00 per fiscal year throughout the initial term of the Agreement. If approved, the agreement will be funded through Consulting Services, Account No. 54140, currently established within the various LLMDs and CFDs, using annual property tax apportionments received for special assessments, and developer deposits related to formation services. There is no anticipated financial impact to the General Fund.
OTHER INFORMATION
• March 16, 2023 – City Council approval of agreement between the City and Harris & Associates for on-call assessment engineer services.
ALTERNATIVES
1. Do not approve the First Amendment.
2. Provide alternative direction to staff.
************************** SIGNATURES ON FOLLOWING PAGE **************************
Regular City Council Meeting - May 15, 2025
Prepared by:
:-� Steve Loriso
Deputy Director of Public Works/
Assistant City Engineer
Reviewed by:
Approved as to form:
Peter M. Thorson
City Attorney
Attachments:
Reviewed by:
�> �aWijd_ov7 Otre-(for C
• • ·• <f J' nc
'atfl-y-� =
)f Public Works/City Engineer
Reviewed by:
Michael Flad
Assistant City Manager
id�#:ffeifa
Rod B. Butler
City Manager
1. First Amendment to the Agreement between the City of Jurupa Valley and Harris & Associates. Inc.
2. Original Agreement between the City of Jurupa Valley and Harris & Associates.
Inc. for Assessment Engineering Services
www.jurupavalley.org _ .::.-::- -� -
Page I 3
Regular City Council Meeting - May 15, 2025
F
IRST AMENDMENT TO THE AGREEMENT FOR CONSULTANT
SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND HARRIS
& ASSOCIATES, INC. FOR ON-CALL ASSESSMENT ENGINEERING
SERVICES
This First Amendment is made and effective as of May 15, 2025, between the City of Jurupa Valley, a municipal corporation (“City”) and Harris & Associates, Inc., a California Corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. This First Amendment is made with the respect to the following facts and purposes:
A. On March 16, 2023, the City and Consultant entered into that certain Agreement entitled “AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND HARRIS & ASSOCIATES, INC. FOR ON-CALL ASSESSMENT ENGINEERING SERIVCES.”
B. The City and Consultant now desire to amend the Agreement as set forth in this Amendment.
2. Section 4.A of the Agreement is hereby amended to read as follows:
4. PAYMENT
A. The City agrees to cause Consultant to be paid monthly, in accordance with the payment rates and terms and the schedule of payments as set forth in Exhibit B, Quotation for Service, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Two Hundred Sixty Thousand Dollars ($260,000.00) per fiscal year for the total term of the Agreement unless additional payment is approved as provided in this Agreement .
3. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect.
Regular City Council Meeting - May 15, 2025
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed and executed personally or on its behalf by its duly authorized representative.
HARRIS & ASSOCIATES, INC.
By: _______________________________
Name:
Title:
By:________________________________
Name:
Title:
[SIGNATURES OF TWO CORPORATE OFFICERS OR CORPORATE AUTHORITY RESOLUTION REQUIRED]
CITY OF JURUPA VALLEY
A California Municipal Corporation
_______________________________
Rod B. Butler
City Manager
ATTEST:
_______________________________
Evelyne Ssenkoloto
Interim City Clerk
APPROVED AS TO FORM:
_______________________________
Peter M. Thorson
City Attorney
Regular City Council Meeting - May 15, 2025
AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND HARRIS & ASSOCIATES, INC. FOR ASSESSMENT ENGINEERING SERVICES
THIS AGREEMENT is made and effective as of March 16, 2023, between the City of Jurupa Valley (“City”) and Harris & Associates, Inc. a California Corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. Term
This Agreement shall commence on March 20, 2023, and shall remain and continue in effect until tasks described herein are completed in accordance with the Scope of Services, but in no event later than June 20, 2026, unless sooner terminated pursuant to the provisions of this Agreement. The City and Consultant may extend the term of this Agreement by mutual agreement for two, one (1) year extensions. The Agreement term and all extensions thereto shall not exceed a total of five (5) years.
2. Services
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. Performance
Consultant shall at all-time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. Payment
A. The City agrees to cause Consultant to be paid monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Quotation for Service, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed two hundred thousand dollars ($200,000.00) per fiscal year through the total term of the Agreement unless additional payment is approved as provided in this Agreement.
B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council.
Regular City Council Meeting - May 15, 2025
C. Consultant shall submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant’s fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.
5. Suspension or Termination of Agreement Without Cause A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
6. Default Of Consultant
A. The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.
B. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
7. Ownership and Maintenance Of Documents
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of Regular City Council Meeting - May 15, 2025
City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of two (2) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City Manager, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
8. Indemnification.
Consultant shall defend, hold harmless and indemnify the City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (collectively “Indemnitees”) with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including reasonable attorneys’ fees and costs of defense (collectively, “Claims” hereinafter), including but not limited to, Claims relating to death or injury to any person and injury to any property, to the extent they arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the negligence or willful misconduct of the City or other Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel reasonably acceptable to the City, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense to the extent such Claims arise out of, pertain to or relate to the Consultant’s acts or omissions as determined by the court or as mutually agreed by the City and Consultant.
Notwithstanding the foregoing, to the extent that the Consultant’s services are subject to California Civil Code Section 2782.8, the above indemnity, including the cost to defend, shall be limited to the extent required by Civil Code Section 2782.8. In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault.
9. Insurance Requirements.
A. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
Regular City Council Meeting - May 15, 2025
1) Minimum Scope of Insurance. Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
b) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
c) Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker’s compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. d) Professional liability insurance shall be written on a policy form providing professional liability for the Consultant’s profession. 2) Minimum Limits of Insurance. Consultant shall maintain limits no less than:
a) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
c) Worker’s Compensation as required by the State of
California; Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
d) Professional liability insurance in the amount of one million dollars ($1,000,000) per claim and in the aggregate. 3) Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall not exceed $25,000 unless otherwise approved in writing by the City Manager in his sole discretion.
B. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (“Additional Insured”) shall be covered as insured’s as respects: liability arising out of activities Regular City Council Meeting - May 15, 2025
performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 2) For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self- insured maintained by the Additional Insureds shall be excess of the Consultant’s insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds.
4) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5) Each insurance policy required by this clause shall be endorsed to state that the insurer shall endeavor to provide thirty (30) days’ prior written notice, by certified mail, return receipt requested, to the City prior to any action to suspend, void, cancel or otherwise reduce in coverage or in limits.
6) Within one (1) business day following receipt by Consultant of any notice correspondence or notice, written or oral, of an action or proposed action to suspend, void, cancel or otherwise reduce in coverage or in limits of the required insurance, Consultant shall notify City of such action or proposed action.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to the City. Self- insurance shall not be considered to comply with these insurance requirements.
D. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City’s forms, the Consultant’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
E. Modifications. City Manager may, with the consent of the City Attorney, waive the provisions of this paragraph or provided for other forms of insurance as may be necessary to enable the City to receive adequate insurance protection as contemplated in this section.
Regular City Council Meeting - May 15, 2025
10. Independent Contractor
A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. Legal Responsibilities
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
12. Confidentiality; Release Of Information
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.
B. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
13. Assignment
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. City consents to the use of the sub-consultants described in Exhibit A to this Agreement provided the costs of such sub-consultants shall be borne by the Consultant and shall not exceed the costs described in Paragraph 5 of this Agreement.
Regular City Council Meeting - May 15, 2025
14. General Provisions
A. Notices
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
To City: City of Jurupa Valley
8930 Limonite Ave.
Jurupa Valley, CA 92509
Attention: Paul Toor, Director of Public Works
To Consultant: Harris & Associates, Inc.
41593 Winchester Rd., Suite 200
Temecula, CA 92590
Attention: Chris Thomas, Project Manager
B. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
C. Governing Law; Venue
1) The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 2) Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Jurupa Valley. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court’s judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
D. Prohibited Interest. No officer, or employee of the City of Jurupa Valley who has participated in the development of this Agreement or its administration shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant’s sub-contractors, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City Council or City of Jurupa Valley has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant’s sub- Consultants on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
Regular City Council Meeting - May 15, 2025
E. Entire Agreement. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
F. Time is of Essence. In carrying out the provisions of this Agreement, both parties acknowledge and agree that time is of the essence.
G. Authority To Execute This Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
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EXHIBIT A
SCOPE OF SERVICES
Consultant shall perform assessment engineering services as set forth in the Consultant’s proposal dated February 9, 2023.
Regular City Council Meeting - May 15, 2025
ON-CALL ASSESSMENT
ENGINEER SERVICES
CITY OF JURUPA VALLEY
February 9, 2023
Regular City Council Meeting - May 15, 2025
1 Harris & Associa tes, Inc.
TABLE OF CONTENTS
A. Organization/Company Profile ........................................................................................................... 3 B. Description of Services Provided by the Company ....................................................................... 14 C. Hourly rate sheet .................................................................................................................................. 27 D. Completed Proposer’s Signature Page ............................................................................................ 28 E. Completed Non-Collusion Declaration ............................................................................................ 32 F. Completed list of three (3) references ............................................................................................... 34 G. Photocopies of Company’s licenses and/or certifications ........................................................... 35 H. Evidence of Insurability ...................................................................................................................... 36 Exhibit D—Required Subconsultant Information ............................................................................... 46 Regular City Council Meeting - May 15, 2025
APPROX 450 WORDS FOR COVER LETTER BODY
Cover Letter 2
February 9, 2023
Rebecca Abeyta,
Purchasing Analyst
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
On-Call Assessment Engineer Services
Dear Ms Abeyta and the Evaluation Committee:
Harris & Associates (Harris) has been a trusted consultant for many cities throughout California for the annual administration of their assessment and special tax districts. We look forward to continuing our relationship with the City of Jurupa Valley (City), having provided assistance on the Traffic Signal Benefit Study project. Our project approach with respect to administering the City’s special districts focuses on four key areas:
Serving as your experts on the administration of assessment and special tax districts. Our team has consistently demonstrated the ability to serve the needs of our clients, which is shown by the years of experience in administering special district administration and other support services. Last year, Harris placed assessments on more than 1.6 million parcels for agencies throughout the State.
Alison Bouley, PE who is a Vice President, and leads Harris’ Municipal + District Finance team will serve as the Assessment Engineering and provide QA/QC. Chris Thomas will serve as Harris’ Project Manager. Chris has over 14 years of experience in multiple areas of municipal financing and planning.
He has provided consulting services to public agencies for the formation and annual administration of special tax and assessment districts as well as infrastructure financing projects. As a result of our knowledge of County deadlines and requirements Harris has never missed a deadline in our many years of processing assessments and fees.
Responsive team that will seamlessly integrate with the City. We understand the importance of completing tasks in a timely manner and communicating with City staff regularly regarding any project issues. When working on projects of this nature, we know that our ability to perform and deliver information reflects directly on City staff. Our team understands the importance of meeting our commitments and communicating regularly and openly with City staff. This commitment is evident in our 22 years of providing annual administration and levy services to our clients.
Placing the City’s financial interest’s first. Harris’ project team has a proven track record in the placement of fixed charges on the property tax roll for collection, and the presence to positively engage stakeholders. We understand that when we respond to property owner calls, we are a reflection of the City. We respond promptly to calls (returning all calls in less than 24 hours), carefully explaining and answering property owner’s questions. In addition, we support the City staff in preparing presentations for City Council and serve as your experts in the formation, annexation, and administration of all types of public finance districts.
Harris has the experience, ability, and professional excellence to help make your project a reality.
We look forward to working with the City as your Special District Administrator.
Sincerely,
Harris & Associates, Inc.
Chris Thomas (Point of Contact)
Project Manager
909.229.9469
[email protected]
Harris & Associates, Inc.
41593 Winchester Rd, Suite 200
Temecula, CA 92590
619.481.5031 WeAreHarris.com
Alison Bouley, PE (Officer, authorized to bind)
Vice President
949.536.4832
[email protected]
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. A. Organization/Company Profile 3 Harris has been a trusted consultant for many cities, counties and special districts throughout California. Harris is a California S Corporation originally founded in 1974 as a construction management and engineering firm that has since expanded its service offerings to meet the needs of public agencies throughout the State. We provide expertise from project conception through occupancy in the municipal, transportation, water, and education market sectors. Harris offers our clients expertise and assistance in municipal and district finance, engineering, program and construction management, planning, and environmental
services. With 251 employees, Harris is sized to keep your project a priority and be personally vested in its success.
Harris’ Municipal and District Finance team provides clients with a broad range of public financing and assessment engineering services. Our combination of engineering and financial experts allows us to provide a host of services to our clients resulting in reduced City staff time involved on projects. Harris provides our clients with the technical expertise and knowledge needed to develop and implement sound financial strategies that provide communities with the infrastructure needed to meet the needs of new residents and workers.
A. ORGANIZATION/
COMPANY PROFILE
To date, our Municipal and District Finance staff has worked with more than 100 public agencies throughout California. Our services have included:
• Maintenance Assessment Districts, such as the California Landscape and Lighting Act of 1972 and Benefit Assessment Act of 1982, Fire Suppression Districts, and Charter City Assessment District formation and administration services. • Assessment District formation and administration under California’s 1911 Act and 1913/1915 Act.
• Community Facilities District (CFD) formation and
administration under California’s Mello-Roos Community
Facilities District Act.
• Benefit Nexus Studies and ballot preparation pursuant to Article XIIID of the California State Constitution (Proposition 218). • Tax Formulas for Special Tax Districts.
• Facilities Acquisition/Reimbursement Audits.
• Development Impact Fees in compliance with AB1600, Utility User Fees, and other types of fee programs.
• Feasibility and rate studies to determine the best
financing options.
• Maintenance Fee Establishment per the Health and Safety Code. • Property related fees and charges, such as solid waste fees, sewer charges, and fire suppression charges.
A. BUSINESS NAME AND LEGAL BUSINESS STATUS
Business Name: Harris & Associates, Inc.
Legal Business Status: Corporation
B. PROOF OF NON-PROFIT STATUS, IF APPLICABLE
Not Applicable
C. COMPANY OVERVIEW OF SERVICES OR ACTIVITIES PERFORMED:
1. The history of the Proposer’s firm
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. A. Organization/Company Profile 4
SIMILAR EXPERIENCE
The Harris team has extensive experience in implementing and administrating assessment and special tax districts both before and after the passage of Proposition 218. The Harris team has served as assessment engineer for more than 500 annual assessment proceedings while working with more than 100 public agencies throughout California.
Library Special Tax Administration Services
County of Los Angeles
Harris administers the Library Services Service Charge in Los Angeles County each year. Our work includes receiving and processing parcel data for more than 2.5 million parcels and must compile the correct parcel numbers in order to update and maintain the Library’s special tax database with the appropriate service area designation for each parcel. In addition, Harris calculates the special tax to be applied to each parcel based upon the special tax formula, which was approved by the voters. Harris’ services include updating the latest Assessor’s parcel information into the special tax database, submitting the special tax amounts to the Los Angeles County Auditor-Controller for inclusion on the property tax bills, and providing summary information to the Library regarding what was accepted and levied by the County. Harris also uses GIS to confirm that all parcels within the Library’s defined service areas are included, and conducts an audit of the database to confirm the City boundaries (tax rate areas) every five years.
Assessment District/Special Tax Administration Services City of Hemet
Harris is the City of Hemet’s special tax consultant for the non-bonded Community Facilities District (CFD) 2005-1 (Public Safety Services) and the bonded CFD 1999-1 (Heartland). The CFD 1999-1 (Heartland) project is located in the western portion of the City along Highway 74/79 and consists of 1,443 age restricted homes. Our services include budget preparation, annual enrollment of the special tax, maintaining parcel history and data, fielding taxpayer questions, calls, and concerns, processing payments and delinquency information, as well as foreclosure proceedings and maintaining ongoing required continuing disclosure requirements. Our services have also included calculating approximately 157 prepayments for CFD 1999-1 totaling approximately $1.5 million. Harris also acts as the Assessment Engineer for the City’s existing 47 Landscape Maintenance Districts (21,320 parcels) and 46 Street Light Maintenance Districts (22,900 parcels). Our services include the Engineer’s Report, annual district administration, and new formations.
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. A. Organization/Company Profile 5 Assessment District and CFD Formation Services
City of Highland
Harris is the City’s special tax consultant and district engineer for the recent formation of CFD 2022-01 (Mediterra) which includes 149 residential units and 2 Special Tax Areas. The CFD will fund the maintenance of landscaping, streetlights, WQMD and flood control basins, a park and trails. Harris provided coordination between City staff, developers, and the developers’ consultants during the formation processes. Services included preparation of the maintenance budget, boundary maps, the CFD report, assisting with resolutions/staff report and preparation of the RMA. After the formation was complete, Harris also prepared and recorded the Notice of Special Tax Lien. Annual administration services will include the CFD going forward along with the City’s Consolidated Landscaping and Lighting District No. 96-1, Street and Drainage Maintenance District No. 96-1, and the Paramedic Special Tax.
Annual services include: updating the parcel database and budgets for recent annexations, preparation of Engineer’s Reports, assisting with resolutions/staff reports, attending Council Meetings as needed and submitting the levies for each district to the County to be included on the Tax Bills.
Assessment District Audit
City of Lancaster
Harris & Associates (“Harris”) is the City’s district engineer for four maintenance districts. The districts include a Lighting District, a Landscaping District, a Drainage Maintenance District and a Sewer charge. The largest of the districts, the Lighting District, includes over 40,000 parcels, both residential and commercial.
Harris prepares the annual engineer’s reports and assists City staff with the budget process, determining the assessment rate for each District annually and applying the assessment rates to the individual parcels. Tasks for the annual administration include, in addition to the budgeting and reporting, creation of City Council Resolutions and staff Reports, annexations of parcels into the districts with new development and placing the different charges onto the annual tax roll, which requires working with County staff and formatting annual submittal files as required by the County.
Harris also performed an in depth audit of each district. Audit tasks included determining if all parcels being assessed should be assessed and finding parcels that might have been missed or incorrectly assessed, according to the corresponding method of assessment. Additionally, Harris reviewed how the assessments were being spread to the individual parcels to determine if the assessments were in compliance with the laws governing each district, including Proposition 218. As a result of our efforts during the audit, we discovered over $550,000 in missed assessment revenue.
AMOUNT LEVIED
AGENCY NO. OF
DISTRICTS
APPROX.
PARCELS
City of American Canyon 1 1,246
City of Benicia 1 2,431
City of Canyon Lake 2 8,567
City of Carlsbad 3 120,009
Centinella Valley Union High School 1 24,590
CR&R Incorporated 2 7,693
City of Dixon 1 2,525
City of El Monte 1 17, 322
City of Encinitas 1 23,565
City of Escalon 5 485
Fallbrook Public Utility District 1 9,786
City of Fremont 1 1,575
City of Garden Grove 4 71,245
City of Gonzales 8 1,264
Granada Community Services District 1 2,622
City of Hemet 96 47,774
City of Highland 3 28,597
City of Hughson 3 6,172
City of La Mesa 1 13,135
City of Lancaster 6 160,763
Las Virgenes Municipal Water District 1 27,395
City of Lemon Grove 2 13,469
Los Angeles County Public Library 1 398,334
City of Manhattan Beach 6 26,380
Moulton Niguel Water District 1 413
City of Millbrae 1 6,879
City of Moreno Valley 1 46,986
City of Novato 5 19,432
City of Oakdale 7 3,186
Oakdale Fire Protection District 1 4,679
City of Oceanside 13 66,643
City of Ontario 6 7,738
City of Oroville 4 1,110
City of Palo Alto 1 217
Palos Verdes Peninsula Unified School District 1 20,213 Riverside County - TLMA 1 11,690
City of Rancho Cordova 4 5,011
City of Rancho Mirage 1 13,739
City of Sacramento 14 37,793
City of Salinas 7 6,750
City of San Marino 1 4,634
City of San Jacinto 1 13,741
San Joaquin County 2 255,424
City of San Juan Bautista 2 130
City of Santa Clarita 2 27
City of Santa Fe Springs 3 15
South Coast Water District 2 39,415
City of So Pasadena 1 6,946
City of Stanton 3 20,442
City of Temple City 1 10,157
City of Tracy 1 44,782
City of Tustin 1 5,704
240 1,670,840
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. A. Organization/Company Profile 6
2. The number of years in business under the present business name, as well as prior business names and the number of years’ experience providing the proposed, equivalent, or related services.
Harris & Associates has been in business for 48 years and has provided related services for 24 years. Harris has not had any prior business names.
3. Company hierarchy (President, Vice President, Company Officers, etc.) and organizational chart. Provide a description of the organization and a work plan that identifies the personnel to be assigned to each task. The organizational chart should clearly identify who will be the project manager for the term of this contract.
COMPANY ORGANIZATION CHART
COMPANY HIERARCHY
President: Steve Winchester
Division Presidents: Ehab Gerges, PMCM; Michelle
White, Consulting
Vice Presidents:
Consulting: Alison Bouley, Municipal + District
Finance; Frank Lopez, Engineering; Diane Sandman,
Environmental Planning + Compliance; Hitta
Mosesman, Community Development + Housing
PMCM: Matt Nethercutt, PMCM Municipal; Sean
Dunbar, PMCM SDUSD & LA
Corporate: Marianne Fargas, Marketing; Nathan
Couch, Project Management; Karen Freeman,
Finance; Annette Phillips, People + Technology
Company Officers:
Chief Executive Officer/Chief Financial Officer:
Steve Winchester
Chief Operating Officer: Michelle White
Chief Business Development Officer: Ehab Gerges
Chief Executive Officer & President
Steve Winchester
VP, Municipal + District
Finance (MDF)
Alison Bouley , PE
VP, Environmental
Planning + Compliance
Diane Sandman
VP, Community
Development + Housing
Hitta Mosesman
VP, Engineering
Consulting
Frank Lopez, PE, CFM
Director, MDF
Megan Quinn
Senior Consultant, MDF
Dennis Anderson
Project Manager
Chris Thomas
Senior Analyst
Sonya Williams
Senior Analyst
Arn Richland
Chief Operating Officer &
Division President, Consulting
Michelle White
Chief Business Dev. Officer &
Division President, PMCM
Ehab Gerges, PE
Below is our company organization
chart showing our company hierarchy
as it relates to the project. The
blue boxes indicate our company
leadership and the purple boxes
indicate the project team.
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. A. Organization/Company Profile 7 City of Jurupa Valley
Project Analysts
Sonya Williams
Arn Richland
Project Manager
Chris Thomas
Principal-in-Charge
& Assessment Engineer
Alison Bouley , PE
Technical Advisor
Dennis Anderson
PROJECT ORGANIZATION CHART
WORK PLAN
Please see section “B. Description of Services Provided by the Company” subsection 3 for the personnel assigned to each task.
Harris has assembled an experienced team with the ability to manage the City’s Assessment District and CFD annual levies, formations and annexations. Harris has provided financial engineering services to local communities for more than 20 years and is proud to serve as our clients’ trusted advisor, having submitted levies on over 1.6 million parcels last year. Chris Thomas will lead the Harris team as Project Manager and will be the City’s first point of contact. He has over 14 years of experience with similar projects. Alison Bouley, PE will serve as the Principal-in-Charge and Assessment Engineer and has over 22 years of experience in municipal finance and leads the Harris Municipal and District Finance Team. Denis Anderson will serve as the and technical advisor and assist with QA/QC. Dennis has over 30 years of assessment and financial engineering experience consulting to cities, counties and special districts throughout the State of California The team will be supported by the listed key staff but will draw upon Harris’ municipal + District Finance Team that includes 18 staff members.
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. A. Organization/Company Profile 8 Alison Bouley, PE
PRINCIPAL-IN-CHARGE/ASSESSMENT ENGINEER
Alison has 22 years of experience in managing the programming and financing of infrastructure improvements. These improvements include wastewater treatment, wastewater collection, water treatment, water supply, water distribution and storage, storm drainage, roadways, traffic signals, parks, and public buildings. The financing included Assessment Districts, Mello-Roos CFD bonds, and development impact fees in accordance with AB1600. She has been involved in projects starting at project inception, including the development of the master plans, specific plans, EIRs, and finance plans through the final close-out of the project after the last building permit has been pulled. Alison has been responsible for preparing development impact fee reports, budget and cash flow reports, development agreements, staff reports, and council presentations.
RELEVANT EXPERIENCE
• City of Fremont, Lighting and Landscaping Maintenance District. Assessment Engineer/Principal- in-Charge. Alison served as Assessment Engineer for the update of the City’s 1972 Act Landscape Maintenance District. Harris reviewed the district costs and assessment methodology, prepared the Engineer’s Report, led the team through the community outreach process, and prepared all documents necessary for balloting and the public hearing process. Harris was able to develop a methodology that fairly and equitably spread the assessments and met the requirements of Proposition 218. • Riverside County Transportation Department , On-Call Assessment Engineering Services.
Assessment Engineer/Principal-in-Charge. Alison acts as the Assessment Engineer on the on- call assessment engineering services preparing new annexations and annual Engineer’s Reports for the Landscaping and Lighting Maintenance District 89-1-Consolidated (L&LMD 89-1-C).
Harris is preparing the annual Engineer’s Report which includes three volumes with 129 zones.
For FY 2022/2023, over 11,600 parcels were enrolled with assessments totaling over $1.1 million. • City of Newport Beach , Underground Utility Services for Assessment District Nos. 114/114B.
Project Director. Harris prepared the engineer’s report for the creation of Utility Undergrounding Assessment District No. 120. Services included preparing the boundary map and assessment diagram, conducting field reviews of utility locations, determining benefiting properties, preparing cost estimates, developing a benefit methodology, apportioning the costs to the properties based on the methodology, attending City council meetings, preparing and mailing the public notice and assessment ballot, answering public inquiries during the noticing period, and conducting the ballot tabulation. Alison served as the Assessment Engineer and oversaw quality control and assurance.
Harris was able to develop a methodology that allocated benefit amongst the property and gain consensus for the successful formation of the district. • City of Tustin , Landscape and Lighting Maintenance District Annual Administration. Project Director. Harris is responsible for obtaining the City’s annual budget information, updating the annual assessments, preparing the engineer’s report, attending City council meetings, submitting the information to the County for inclusion on the tax bill, and addressing ongoing property owner questions. Alison led the effort in reviewing the assessment for compliance with Proposition 218, developing a new assessment methodology, and calculating new assessments that would maximize the City’s revenue stream. Harris has served as the City’s assessment Engineer on this project for over 14 years providing consistent staffing and ensuring that the City receives their assessment revenue.
OFFICE LOCATION:
Irvine
NUMBER OF YEARS WITH
THE FIRM:
22 EDUCATION
BS, Engineering Management
BS, Civil Engineering
REGISTRATIONS
Professional Civil Engineer, CA
AFFILIATIONS
American Society of Civil
Engineers (ASCE)
California Society of Municipal
Finance Officers (CSMFO)
Office Location
Number of years with the Firm:
4. Include resumes of key personnel
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. A. Organization/Company Profile 9 Chris Thomas
PROJECT MANAGER
Chris has over 14 years of experience in multiple areas of municipal financing and planning. He has provided consulting services to public agencies for the formation and annual administration of public finance districts including 1972 Landscaping and Lighting Act districts, Mello-Roos Community Facilities districts, Community Service Areas, Benefit Assessment Act of 1982, and Sewer Districts under the Health & Safety Code. He has also served as project manager for numerous consulting projects related to infrastructure financing. His background is in municipal finance includes special tax and assessment calculations, arbitrage rebate compliance, disclosure services and requirements for tax enrollment. As a current member of a city planning commission and former chairperson, he has extensive experience in zoning and land use, General Plan formulation, EIR/CEQA compliance, conducting public hearings and public workshops, drafting of ordinances, policies and procedures and development and project review. Chris is a former auditor with Deloitte.
RELEVANT EXPERIENCE
• City of Lancaster , Assessment District Administration & Annexation Services. Financial Analyst. Harris performs annual district administration for the City’s Landscape and Lighting districts, Drainage district (Benefit Assessment Act of 1982), and Sewer Service Charge (Health & Safety Code). Chris’ responsibilities include annual enrollment of the assessments and creation of the engineer’s reports, resolutions and staff reports. Harris performed an initial audit of the districts in 2018 during which Harris was able to identify an additional $65,000 in annual revenue for the City. Harris also assists the City with all annexation proceedings of new development to the City’s four districts.
• City of San Jacinto , Assessment Engineering Services to Audit and Administer County Service Area 152. Project Manager. Harris provides an annual review and update of parcels and land use codes to establish and update the Equivalent Benefit Units calculation for this CAS 152 NPDES district. Chris calculates the annual levy amounts prepares the levy data for submittal to Riverside County for processing and enrollment on the property tax bill. These services include the primary contact with the public for taxpayer questions. • City of Hemet , Special District Administration and Formation Services and Streetlighting Retro Fit Study. Project Manager. The Cities special districts fund landscaping, street lighting and public satiety services. Harris is providing administration services for the City include the annual engineer’s report for the City’s 47 Landscape Maintenance Districts (21,320 parcels) and 46 Street Light Maintenance Districts (22,900 parcels) and annual district administration. Chris provides administration of the non-bonded CFD 2005-1(Public Safety Services) and the bonded CFD 1991-1 (Heartland). Chris’ responsibilities include budget preparation, annual enrollment of the special taxes, maintaining assessor parcel history and data, fielding taxpayer questions, calls and concerns, and processing payments and delinquency information. • Riverside County Transportation Department , On-Call Assessment Engineering Services.
Senior Financial Analyst. Harris was responsible for annexations, engineer’s reports, district data reconciliation, and fixed charge tax enrollment, assisting with the successfully enrolled over 9,000 parcels with assessments totaling over $1.1 million. Chris provides administration services for the Landscape and Lighting Act of 1972 and State of California Proposition 218 Act for the 89-1 Consolidated Lighting and Landscape Maintenance Districts throughout Riverside County.
OFFICE LOCATION:
Temecula
NUMBER OF YEARS WITH
THE FIRM:
4 EDUCATION
MBA, Business Administration and
Management
BA, Accounting (Cum Laude)
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. A. Organization/Company Profile 10 OFFICE LOCATION:
Irvine
NUMBER OF YEARS WITH
THE FIRM:
16 EDUCATION
Undergraduate Studies in
Mathematics
Dennis Anderson
TECHNICAL ADVISOR
Dennis is a Senior Consultant in the Municipal+District Finance group and has over 30 years of assessment and financial engineering experience consulting to cities, counties and special districts throughout the State of California. Dennis has assisted agencies with feasibility studies and the analysis of special benefit from various types of improvements in accordance with the requirements of Article XIIID of the California State Constitution (Proposition 218) and the various assessment and special tax acts within the State Codes. He has prepared Engineer’s Reports and Special Tax Rate and Method of Apportionments, and Boundary Maps and Assessment Diagrams, and has assisted with presentations to agency boards and property owners, the preparation and mailing of notices and ballots, and ballot tabulation. He has also managed the annual administration of both bond and maintenance districts, including facility acquisition and reimbursement.
RELEVANT EXPERIENCE
Dennis has been involved in projects relating to all aspects of assessment engineering and special financing proceedings, and these projects are summarized as follows:
• Maintenance and Operation Assessment Districts, including the 1972 Act Landscaping and Lighting District: 76 district formations, 59 per Proposition 218, administration of 105 districts • Improvement Assessment Districts, including 1913/1915 Act Districts: 30 district formations, 17 per Proposition 218, administration of 21 districts
• Mello-Roos Community Facilities Districts: 75 district formations, administration of 30 districts • User Fee Rate Analyses: 21 rate analyses, 19 per Proposition 218, administration of 10 districts In addition, Dennis has been a guest lecturer for the UCLA and UC Davis Public Policy Programs related to the formation and administration of assessment districts, as well as a speaker for the California Debt & Investment Advisory Commission’s (CDIAC) seminars on the “Fundamentals of Land Secured Financing” and “Update to Assessment District Practices”. At the request of CDIAC, Dennis sat on a committee of professionals to review assessment district practices which produced the document entitled “Opportunities to Use Assessment Districts to Finance Facilities and Services in California Today”, CDIAC publication 15.07.
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. A. Organization/Company Profile 11 Sonya Williams
SENIOR PROJECT ANALYST
Sonya has over 15 years of experience in software development, database design and development, and data transformation operations. In 2020, Sonya joined Harris in the Municipal and District Finance team, and began working with Special Districts and Assessment Administration. Sonya has database management responsibilities, including the integration of County and public agency data, to facilitate the calculation of annual assessments and reporting. Sonya assists with the preparation and review of annual special tax reports and is experienced in parcel research and analysis.
RELEVANT EXPERIENCE
• City of Sacramento , Special District Administration. Technical Specialist. Sonya developed software that calculates special assessment levies according to the rate and method of apportionment for each of 16 Special Districts in the City of Sacramento. The calculation handles variations by district, including applying backup taxes for four of the districts. The software also has a database that maintains a history of parcel data including land use changes, payments, building permits, maps, and delinquency information. Additionally, county submittal files per district can be automatically generated. • City of Lancaster , Solid Waste Services Assessments. Project Analyst. Sonya established the database to be used in determining which parcel numbers would be included in the assessment file to be sent to the County Auditor’s Office. This required reviewing the service records provided by Waste Management and matching the service addresses to the parcel records. Further analysis was required to determine the status of many properties based on the Assessor’s use codes. The assessment would only be placed on single family residential properties within the City of Lancaster. Sonya was also responsible for developing the reports and extracting the data from the database into the required file formatted to meet LA Auditor’s requirements. She continues to support the project with answering questions from taxpayers. • City of Lemon Grove , Sanitation and Lighting District Annual Administration. Project Analyst. For fiscal year 2020–2021, Sonya updated the database with parcel changes by removing old parcels and adding new parcels. She then prepared files containing the annual sewer and lighting assessments, which were submitted to the County tax roll after creating the accompanying certification letter. She investigated and updated the rejected parcels before creating new files for the second and final submission. • Granada Community Services District , Annual Assessment Services. Project Analyst. For fiscal year 2020–2021, Sonya prepared files containing the annual sewer service charge and delinquent garbage account assessments, which were submitted to the County tax roll after creating the accompanying summary sheet. She investigated and resolved the rejected parcels before creating new files for the second and final submission. • South Coast Water District , Assessment Administration. Project Analyst. For fiscal year 2020–2021, Sonya performed Special Assessment Administration services for water and sewer fees and delinquent water accounts. These services included maintaining and updating the South Coast Water District database, matching parcel numbers to the appropriate sewer and water accounts, and submitting the direct assessments to the Orange County Auditor- Controller, including corrections and reconciliation as required. She assisted in preparing a report of final accepted charges to the District after the submission cycle.
OFFICE LOCATION:
Irvine
NUMBER OF YEARS WITH
THE FIRM:
2 EDUCATION
BBA, Computer Based Information
Systems
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. A. Organization/Company Profile 12 OFFICE LOCATION:
Irvine
NUMBER OF YEARS WITH
THE FIRM:
3 EDUCATION
BA, Business Economics
Arn Richland
SENIOR PROJECT ANALYST
Arn has over nine years of experience in administration and over five years of experience in analytics specializing in financial and data analysis. Arn also has experience in compiling district databases, researching and analyzing different parcel attributes in order to confirm database accuracy, and assists with the submittal process of annual levying of the assessment, fees, and taxes on county property tax bills throughout the State of California. She has provided support for formation/annexation services, property tax reapportionment, and annual administration services to Harris’ clients.
RELEVANT EXPERIENCE
• City of Sacramento, Special Tax Administration. Project Analyst. The purpose of the project is to assist the City in the performance of all necessary special tax administration and related services for the City’s current and future special tax districts. The scope includes preparation of Annual Levy Report, prepare annual collection submittals for all Assessment Districts to the Tax Auditor and research parcel exceptions provided by Sacramento County and if possible, resubmit installment amounts that are unapplied by the Sacramento County Auditor Controller’s Office. Arn consolidated and standardized a large data set for the City of Sacramento’s building permits issued and finalized between 2012 up to 2020. This data set is utilized in the audit review for special tax levies. • Riverside County Water District , Property Tax Allocation. Project Analyst. The project included identification of Tax Rate Areas (TRA’s) within three groundwater basins, using available electronic records, identify annual changes in TRA’s where possible, prepare summary of the tax revenues by year and by groundwater basin received by the Agency for the period 2000-2018, develop recommended methodology, based upon the availability of data for the period between 1978-2000, to develop an estimate of the ad-valorem tax revenue received from property within each ground basin, and review recommended methodology with Agency staff for approval. Arn performed historical research on over 300 tax rate areas affecting nearly 90,000 parcels covering a period of 20 years. She also prepared parcel data reports for the state board of equalization parcels within the agency boundaries and obtained satellite images of such parcels. • City of Millbrae , Fire Suppression Assessment District. Project Analyst. Harris’ purpose is to provide annual district administration services and assist the City of Millbrae in placing Fire Suppression Assessments on the County Tax Roll. Arn prepared and maintained a parcel database to be assessed using the parcel information from the County assessor’s office. She identified new parcels or parcels with changes and researched parcel information to be used in the assessment calculation if applicable. She also assisted with the annual assessment for each parcel using the formula as stated on the engineer’s report.
• San Joaquin County Flood Control & Water Conservation District , Water Investigation Zone No. 2 Property Related Fee and Service Charges for CSA No. 54. Project Analyst. Harris’ purpose is to provide consulting services and assist with submitting the Charge to the San Joaquin County Auditor-Controller’s office for placement on property tax bills. The scope included updating the parcel dataset to include any changes that occurred in the previous years, calculating the annual levy amount, and submit the Zone 2 Charge and CSA 54 Fee to the San Joaquin County Auditor-Controller’s office for inclusion on the property tax bills. Arn performed research on assessor’s latest parcel numbers created since the previous fiscal year, identified parcel areas, land uses, and locations of parcels within the County for the zone No. 2 charges to apply the correct method of assessment.
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. A. Organization/Company Profile 13
5. Company size—number of staff and proposed number of staff to provide services.
Harris has 251 employees and 5 staff will provides services for this contract, however, the team will be supported as needed by the full MDF team consisting of 18 people.
6. Location of the office from which the work under this contract will be provided and the staff allocation at that office.
Temecula Office
41593 Winchester Road, Suite 200
Temecula, CA 92590
Project Staff: Chris Thomas
Irvine Office
22 Executive Park, Suite 200
Irvine, CA 92614
Project Staff: Alison Bouley, Dennis Anderson, Sonya Williams, Arn Richland D. Whether the Proposer holds controlling or financial interests in any other organization, or is owned or controlled by any other person or organization, if none that must be stated.
Harris & Associates has a 40% interest in Wong/Harris JV, a joint venture with PGH Wong where we perform construction management services for the California High Speed Rail project.
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. B. Description of Services Provided by the Company 14 B. DESCRIPTION OF SERVICES
PROVIDED BY THE COMPANY
1. PROVIDE A WORK PLAN OR DESCRIPTION OF HOW THE WORK
WILL BE PERFORMED.
Harris is a leader in providing district administration and formation services in California.
Harris’ public finance and engineering professionals are focused on providing municipalities throughout the State with creative solutions that address their revenue shortfalls and future funding needs. Based on our understanding of the City’s needs, our approach to providing annual district administration, financial reviews, formation/annexations, and Proposition 218 compliance services is simple and is built on the following foundation:
We understand your concerns that changing consultants may require additional staff time. Harris’ team knows how to make a smooth transition with minimal impact on your staff. Over 70 percent of the districts administered by Harris, were formed by other consultants. We have developed a proven approach to transitioning services, which includes validating the accuracy of the data we receive and making sure that we understand your timeline for annual district administration and any operational activities.
We make certain that you receive the maximum revenue allowed. Our validation of all district data prior to the start of annual administration activities means that there will be no surprises or scheduled impacts as we begin the annual update process. In addition, by validating the prior year’s district data when we took over the annual administration of some recent districts, Harris was able to generate an additional $34,000 in annual revenues.
By applying a fresh set of eyes, we validate that charges are being applied correctly, and the parcel data being used is the best available.
We understand that District Administration is not a data processing project. Harris understands the need to carefully review and scrutinize prior annual reports to see if changes are needed to comply with new legislation or recent court decisions. As a result of recent court decisions in recent years, we have worked with our clients to update their annual Engineer’s Reports to strengthen the basis of assessments. As issues are identified, our team will review them with you and present a recommended strategy to reduce the risk of a potential challenge.
Furthermore, we understand the decisions that we make and that the agency makes reflect on not only ourselves and the agency, but impact the City’s constituents. For this reason, we regularly strategize with the City to address the needs of tomorrow, identify and rectify operational inefficiencies, and work with staff in accomplishing the City’s goals and objectives.
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. B. Description of Services Provided by the Company 15 We know that the accurate and timely submittal of your data is important to you. Using last year’s data as a starting point can mask hidden issues and problems. On every project, we start with a fresh look at the underlying data each year. When we have taken over districts where the prior consultant had relied on prior year’s data as a starting point, prior errors were carried through year after year. This cannot only be embarrassing to the City, but can also result in potential claims from property owners if charges are levied improperly. In addition, because of Proposition 13 and reduced agency funding levels, the timeliness of data updates in the Assessor’s records often lag the annual administration process. Although the industry has adopted the use of the Assessor’s data as the source used to calculate assessments, we often find that land use and development status may not be up to date which can impact the revenues you will receive. Harris has developed specific techniques to update this data so that you get the maximum revenue, and levies are calculated correctly.
We are committed to serving our client’s needs. Each member of our public finance team understands the importance of being responsive to the needs of our clients and to your constituents.
Emails and phone calls are returned in a timely manner, generally the same day. If a member of our team is out of the office or on vacation they have their calls automatically transferred to another member of the project team so that you will always have access to someone knowledgeable on your districts. We also understand that we are an extension of City staff when responding to citizen inquires, and are always responsive and compassionate in answering their questions.
“Harris & Associates has been working
with Orange County Auditor-Controller’s
office with the fixed charge special
assessment process for various
public agencies for over 14 years. In
that time, they have demonstrated
professionalism, timeliness, and a
willingness to get the job done right the
first time.”
— Office of the Auditor Controller
County Of Orange
Case Study: Finding Lost Revenue
Each time Harris takes over the annual
administration of a district, our staff
conducts a detailed review of the prior
year’s assessment data to identify if
there is missing or incomplete data
that could impact the calculation of the
annual assessment levy. Harris’ staff conducted a review of the City of Thousand Oaks assessment data when we
were selected by the City to administer their existing
assessment districts in 2014. Based upon that review,
Harris identified a number of parcels that were shown
as “vacant” in the prior year’s assessment roll that had been developed, and had dwellings or other types of
development on them for several years. Because they
were not reflected correctly in the assessment district data, they were being under-assessed based upon the
adopted assessment methodology which levies a higher
assessment on developed parcels. Several parcels
that were being assessed as developed were found to
be vacant, and as a result were being over assessed.
The City of Thousand Oaks was not receiving the full
assessment revenues that it should. After reviewing our findings with the City, Harris conducted a full audit of the parcel data for the City’s six (6) street lighting zones.
This included a review of the County’s parcel data and
conducting field reviews to confirm the development
status of parcels and the location of street lights in those areas identified by Harris’ project team. Based upon this audit, Harris was able to identify $34,000 in “missed”
revenues on parcels that were not being assessed
correctly. The FY 2015-16 assessment roll prepared by
Harris’ project team reflected this additional revenue, which the City will continue to receive each year. Harris has also recommended that a similar audit be conducted
of the City’s districts. This attention to detail, and the importance of not relying on prior year’s data for the
ongoing administration of districts is just one example of the benefit that Harris can bring to the annual
administration of your special tax districts.
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. B. Description of Services Provided by the Company 16
INNOVATIVE PROJECTS
SDF: Harris has internally
developed customized parcel
SQL database software,
“SDF”, to enable efficient and
accurate processing of parcel
changes, apportionments,
fixed charge calculations
and reporting. SDF has the
ability to export all data and
reports as an Excel, Word, or
PDF format.
In addition, Harris has robust data backup and security policies to protect your data. We have a dedicated full time Director of Information Technology who monitors and controls all data and software resources.
COMMUNICATION
We believe that the best approach to programs such as this is to build consensus between the financial engineer, City staff, legal counsel, property owners, and agency boards. Our project team members are skilled communicators and understand the importance of providing clear and concise information to all parties involved, especially when information disseminated to public officials and property owners is involved.
TIMELINESS
We understand the required scope of work and our team is committed to turning around reports and other required documents promptly to meet the City’s schedule, and we fully understand the legally required time frames relating to City agenda deadlines, and any County/State/Federal reporting time frames.
Our team members routinely work on concurrent projects. They keep individual project schedules identifying project tasks and deadlines and incorporate these into a master schedule, so that all team members are aware of each project’s requirements and how it fits into the overall workload of the group. This allows efficient project tracking and allows the planning of staff utilization to verify that we meet our commitments for each client.
TECHNOLOGY
Harris is committed to investing in the technology resources that improve business practices and produce quality deliverables for our clients. We use innovative technology and software tools for communication, schedule and budget management, reporting and document sharing. These include:
• SDF SQL database and Parcel Viewer.
• Microsoft Project.
• Vantagepoint, a Deltek-based financial system that provides daily, weekly and monthly labor summaries by job and task • Microsoft Office 365, a cloud-based platform for using Office applications.
• Drop Box Business, a secure, cloud-based file sharing service. • Microsoft Teams, a unified communications platform that enables instant messaging, audio and video conferencing, and online meetings with by smartphone, computer, or tablet. • ArcMap for working with GIS data provided by the County and/or City where a project is located or obtained online. • Various database management programs including SQL and Microsoft Office applications (Excel and Access.)
TEAM APPROACH
The Harris culture fosters a team approach to researching information and problem resolution. Harris has multiple disciples under one roof to draw upon, such as civil engineering, planning, environmental as well as our brought depth of municipal finance expertise to draw upon. We hold weekly MDF Team meetings to discuss our projects and share information across the MDF Team.
TIMELINESS
COMMUNICATION
DELIVERING
SUCCESS FOR
JURUPA VALLEY
TEAM APPROACH
Harris’ approach to providing public financing services centers around these basic elements: communication, timeliness and a team approach.
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. B. Description of Services Provided by the Company 17
DATABASE CREATION
The Harris team has successfully taken over the annual
administration of special districts previously administered by other consultants or City staff. We have developed proven software tools to aid in the data transition, and to confirm that special taxes are calculated accurately and correctly. Our team carefully reviews the City’s parcel data to make sure that it is consistent with the prior year’s levy calculation, identifies any discrepancies, and researches any missing data needed for the calculation of the special tax.
Harris has an established process whenever we are contracted to administer and audit special tax parcel databases. We have found that the Assessor’s parcel data may have missing or incomplete data for calculating the assessment or special tax to be levied upon a parcel. We will conduct an independent review of district and parcel data and make any adjustments to the existing database. In addition, our staff has created a multitude of databases with an especially critical eye on analyzing the data we receive from external sources.
2. GIVE PRECISE DETAIL ON YOUR WORK REPORTING MECHANISMS. i. A complete description of how the interaction between the Proposers’ company and the City will take place to ensure that the services are per-formed to the City’s satisfaction, including resolving problems that may be encountered during the performance of work.
The interaction between consultant and client is essential to ensuring an accurate and quality product. Harris values communication, quality control, client involvement in the review process and a team approach to solving problems.
Clear and concise communication to all parties involved ensures that the City is informed of project status, estimated completion and consensus on essential decisions.
• Harris will provide a detailed project schedule for each formation/annexation and the annual administration process. • All deliverables are reviewed by an independent team member and the Assessment Engineer.
• Harris, will provide regular status reports via email for each project until completion.
• Harris practices a philosophy of anticipating and
communicating potential difficulties early in order to allow City Staff sufficient time to plan and act.
• Harris will include City Staff review time into project schedules and provide timely response to City requests.
Quality assurance and control is extremely important, especially with special tax administration. In the unlikely event that errors are identified, Harris will review all available options and present to the City a plan to rectify the incorrect information after property tax information has been distributed to property owners by the County of Riverside. Depending upon when the errors are discovered, Harris will provide the City with the following options:
1. If the error is discovered prior to the Tax Collector sending the tax bills, Harris recommends submitting corrections to the amounts originally sent to the Auditor-Controller office.
This will correct the issue before property owners are aware of the distribution.
2. If the tax bills have already been sent out, Harris will recommend the City request that an amended tax bill be
issued, which comes with a fee from the Auditor-Controller Tax Collector for each amended tax bill. This will allow the property owner to pay the first half of their tax bill “as is”, while the second half will be amended to reflect the corrected amount submitted.
3. Harris would also recommend addressing the error by
crediting or adding to the account for the following year.
4. Another option if the taxes have been paid, is to refund them.
This is typically where there are special circumstances that it was impossible to know just by the data alone (i.e. one house that is spread across 2 parcels).
To confirm the errors are not repeated, Harris has a quality assurance/quality control procedure that is used for all deliverables. For database tracking, where we have exceptions to the standard methodology or where a change was made. Here are some causes for incorrect assessments that Harris has found:
• Incorrect TRA assigned by the County/State.
• Split TRA’s (TRA boundary does not follow the parcel line resulting in multiple parcels for what would be normally 1 business or residence).
• Incorrect Parcel size/Assessed Values/Use Codes—We rely on the County data being correct, however, errors have been found. • Formation Rate and Method (RMA) or Engineer’s Report that does not specifically define how to apply the methodology and is subject to interpretation.
When Harris has taken over the administration of districts, we suggest an audit of the data particularly when a City transitions from another consultant or was doing it in-house to find the causes for incorrect assessments and to minimize any errors.
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. B. Description of Services Provided by the Company 18 ii. Proposer must describe the firm’s Quality Assurance/Quality Control process.
QUALITY ASSURANCE AND CONTROL
Quality assurance and control is extremely important, especially when dealing with property assessments, fees, special taxes, and mailed legal notices and ballots. Last year alone we placed more than $170 million on 1.6 million parcels. Harris’ financial engineering team has developed a rigorous quality control program to verify that the revenue generated by special tax districts, assessment districts, and fees is what is expected from the revenue source. Our analysts follow a detailed procedure and methodology from inception of the annual levy process through the submitted annual levies.
Harris assigns an independent staff member for quality assurance and control (QA/QC) on every project. This team member is responsible for reviewing the formulas used to calculate the special tax, assessment or charge, verifying that it complies with the special tax rate and method or assessment methodology, and that it is consistent with the assessor’s data.
For example, we have found in prior districts that as development occurs, there may be land use categories within a district that were not anticipated when the original assessment or tax formula was developed. In those cases, we work with City staff to verify that those parcels are assigned to a use category consistent with the original intent of the tax or assessment methodology. In addition, our assessment engineer does a final QA/QC of all deliverables.
The result of our approach to QA/QC is that we have few, if any, kick-outs on our assessment rolls, and charges are levied correctly and in accordance with the approved methodologies. This reduces the likelihood of errors and eliminates the rush to correct data before the County’s submittal deadline which can result in errors or lost revenue.
Most importantly, property owners can feel confident that the charges that appear on their property tax bill are correct. This requires a proven, time-tested approach for quality assurance, which includes:
• Verifying district boundaries and parcels included.
• Researching any parcel changes that may have occurred. • Confirming that reapportionments have been done for new parcels. • Verifying the annual debt service and maintenance budgets. • Verifying the levy methodology on an annual basis.
• Reviewing levy submittals prior to submitting.
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. B. Description of Services Provided by the Company 19 The Harris & Associates (Harris) team has extensive experience in providing all of the services required by the City of Jurupa Valley.
The following is the Scope of Work to be accomplished by Harris:
TASK 1: AUDIT
Audit of City Formation and Annexation Procedures
Formation & Assessment Audit: Harris will perform a review of the City’s procedures of formation and annexation into Assessment Districts and Community Facilities Districts. This will include:
• Attend Kick-off meeting with the City and gather background documents. • Review of documents from the most recent formations.
• Interviewing City staff involved in the formation process. Interviews will be kept to a maximum of 1 hour, can be conducted in a group setting and in person or via video conferencing. • Review of compliance with the Landscape and Lighting Act of 1972 (1972 Act) and Mello-Roos Community Facilities Act of 1982 (Mello-Roos ACT), substantive and procedural requirements of Articles XIII C and XIII D of the California Constitution (Proposition 218) and current court precedent.
• Prepare a concise summary report of findings and recommendations. • Meet with City staff and present findings to City Staff.
Staff Involved: Alison Bouley,
Dennis Anderson, Chris Thomas
and Sonya Williams
Deliverable: Concise summary
report of findings and
recommendations.Parcel and Assessment Audit
The Audit will be completed based on a mutually agreed upon schedule after the completion of the FY 2023-24 levy submittal.
The following Parcel and Assessment Audit scope and associated fee may be amended based on availability of documentation and informational limitations or requested changes as mutually agreed upon by Harris & the City.
1. Kick-off Meeting and Document Collection. Harris will meet with the City to discuss the project and needed information. Required documents include but are not limited to; the most recent levy data in the form of Excel spreadsheets, Engineer Reports and CFD Reports, boundary maps, easements, building permits, tree inventory, and street light inventory. Levy data shall include, but not limited to, APN, assessment/special tax, parcel frontage, acreage, dwelling units, building area, EDU/Benefit Units, RMA class, max assessment/tax and assessment/tax rates. City will also provide Geographic Information System (GIS) maps and informational layers, and parcel front footage for each district. Parcel frontage will be needed for those Districts with assessment methodologies that utilize front footage in determining Unit of Benefit (UOB) or Equivalent Benefit Unit (EBU).
Staff Involved: Alison Bouley,
Dennis Anderson, Chris Thomas,
Sonya Williams and Arn Richland
3. INDICATE WHICH OF THE SERVICES THE PROPOSER HAS THE CAPACITY TO PROVIDE, EITHER WITH IN-HOUSE STAFF, OR WITH A SUB-CONSULTANT NAMED IN THE PROPOSAL.
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. B. Description of Services Provided by the Company 20 Parcel and Assessment Audit (continued)
2. Method of Apportionment Review: Harris shall review the existing method of apportionment in the most recent Engineer’s Report and each RMAs and verify that the assessment/special tax methodology is being applied correctly to all parcels. • For each District or Benefit Zone, review the method of apportionment and identify areas of concern related to apportionment of benefit, in the opinion of the Assessment Engineer and application of the special tax methodology for each CFD. For Districts exempt from the provisions of Proposition 218, the review will be limited to the benefit apportionment requirements of the 1972 Act. For Districts subject to Proposition 218, this review will include the requirements of Proposition 218, the Proposition 218 Omnibus Implementation Act, and relevant case law.
• Review the opinion of Assessment Engineer with City staff and update the assessment methodology based on direction by the City. Should any change in assessment methodology result in an increase in assessment on any single parcel, a Proposition 218 assessment increase approval process would be triggered. See optional services below for Harris to be involved in a Proposition 218 process.
• This task may be completed in conjunction with Task 3—Parcel Analysis and Task 4—Assessment Analysis.
Staff Involved: Alison Bouley,
Dennis Anderson, Chris Thomas,
and Sonya Williams
Deliverable: Concise summary
report of findings and
recommendations.
3. Parcel Analysis: Harris will obtain the most recent valid parcels, acreage and land use codes from Riverside County (“County”) Assessor (“Assessor”) within the boundaries of each District. Using the most recent levy data, assessment diagrams, Riverside County GIS data, and CFD boundary maps, Harris will review the parcel database to ensure that all parcels that are within District boundaries are captured and that no parcels that are outside of District boundaries are being assessed. Harris will identify parcels that have inconsistencies. • Prepare a preliminary assessment/special tax roll based on the previous year’s levy. • Compile current Assessor’s Maps for each District as well as available Riverside County GIS data.
• Compare the District boundary map with the current Assessor’s Maps and Riverside County GIS analysis to determine the APNs within the boundary and prepare a list. • Compare the list above to the preliminary assessment/special tax roll and flag inconsistencies.
• Draft report listing all recommended parcel additions, deletions and parcel detail corrections. • Review the summary report with City staff and update the parcels based on direction by the City.
Staff Involved: Alison Bouley,
Dennis Anderson, Chris Thomas,
Sonya Williams and Arn Richland
Deliverable: Concise summary
report of findings and
recommendations.
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. B. Description of Services Provided by the Company 21 Parcel and Assessment Audit (continued)
4. Assessment Analysis: Harris will obtain the most recent Tax Roll from the County Assessor for each District.
LLMD 89-1-C: Harris will review the existing method of apportionment in the most recent LLM 89-1-C Engineer’s Report and using the existing most recent assessment units for each parcel, recalculate the most recent levy for each District.
CFDs: Harris will review the Rate & Method of Apportionment (“RMA”) for each CFD, review the applied RMA Class for each parcel and recalculate the most recent levy for each District. • Compare the recalculated assessment/taxes to the most recent final assessment/tax rolls and differences will be identified.
• Review the differences to determine the cause of the difference, group differences into common issues, and prepare a summary report with recommendations for corrections. • Review the summary report with City staff and make updates to the data based on direction from the City .
Staff Involved: Alison Bouley,
Dennis Anderson, Chris Thomas,
and Sonya Williams
Deliverable: Report of findings
from recalculation of the most
recent levy.
TASK 2. ANNUAL ENGINEER’S REPORT AND PROCESSING FOR FISCAL YEAR 2023-24 Maintenance/Special Services District Annual Administration Services (LLMD & CFD)
1. Kick-off meeting and Annual Levy Timeline: Harris will coordinate an annual kick-off meeting with City staff to review the annual levy timeline and discuss any changes in the annual administration process. Harris will also provide the City with preliminary revenue estimates for each District based upon changes in parcel status, if any, to assist in the development of the annual budgets for each district. Any recent or pending legislative changes will also be reviewed with City staff. This meeting shall be scheduled early in the calendar year for a maximum of 2 hours. Meeting minutes will be taken and distributed to attendees for review, comment and revision.
Staff Involved: Chris Thomas and
Sonya Williams
Deliverable: Concise meeting
minutes.
2. Annual Budget Preparation Support: Harris will assist the City in the development of annual budgets for each for each LLMD and CFD district:
• City is responsible for developing the operation and maintenance (“O&M”) budget for each district.
• Harris will review each budget for consistency within the parameters of each district. • Harris will prepare the required cost estimate for the LLMD annual engineer’s report and annual levy calculation for the LLMD and CFD, based on the final City approved O&M budgets.
Staff Involved: Alison Bouley,
Dennis Anderson, Chris Thomas,
Sonya Williams and Arn Richland
Deliverable: Cost estimates for
each district.
3. Update Parcel Database/Spreadsheets: Based on information shown on the latest County Tax Roll and Assessor’s data update the database for each parcel in each district. Harris will utilize other data sources to provide more current information when available. Where required to accurately reflect the current development status of parcels prior to the calculation of the annual levy, Harris’ project team will research City building permits or Certificate of Occupancy, as applicable. This will provide the maximum revenues to the City. In updating the parcel database, Harris maintains a clear “audit” trail (parent/child relationship).
Initial Set-Up Fee: Harris will charge an additional fee, in the initial year only, to cover the cost of creating and populating the database for annual administration, as reflected in the separate Cost Proposal.
Staff Involved: Alison Bouley,
Dennis Anderson, Chris Thomas,
Sonya Williams and Arn Richland
Deliverable: Current database
for each district, which will be
provided to the City in a viewable
format to facilitate parcel lookups,
EBUs and Assessment/Special Tax.
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. B. Description of Services Provided by the Company 22 Maintenance/Special Services District Annual Administration Services (LLMD & CFD) (continued)
4. Meeting Attendance:
• Harris’ Project Manager will attend up to 5 meetings (virtual) during the annual update process to coordinate on the project and answer questions. • Optional: Harris will attend up to 2 City Council meetings to approve the annual levy. This task has been included as optional as it was not in the City’s original scope. • Harris will attend community meetings as requested by City staff. Compensation for Community Meetings will be based on the hourly rate provided. • Harris will attend additional meetings, as requested by the City. Compensation for additional meetings will be based on the hourly rate provided.
Staff Involved: Chris Thomas and
Sonya Williams
5. Prepare Annual Engineer’s Reports/CFD Report:
LLMD 89-1-C: Harris will prepare the Annual Engineer’s Report based upon the requirements of the 1972 Act as amended and in compliance with the substantive and procedural requirements of Proposition 218 of the California Constitution and recent court precedent.
The report will be prepared under the direction of the Assessment Engineer as the registered professional engineer responsible for signing each report.
CFDs: Harris will prepare a combined Annual CFD Report for all CFD’s in the City.
The report will include the following for each CFD:
• A summary of the special tax requirement, as defined by the RMA, if any. • The amount to be collected from each parcel and the total amount to be collected for the current fiscal year levied.
• Actual revenue and expenditures for the prior fiscal year. • The status of each project funded.
• Upon direction by the City, prepare the annual report described in Government Code Section 53343.1. The City shall provide actual revenues and expenditures by service category.
Staff Involved: Alison Bouley,
Dennis Anderson, Sonya Williams
and Arn Richland
Deliverables:
• Updated Engineer’s Report
prepared under the direction of
the Assessment Engineer.
• Combined Annual CFD
Report for all CFDs including
information for compliance
with Government Code Section
50075.3 (Amount of funds
collected and expended as well as
the status of each project).
• Annual levy report for each
district which shows the total
amount to be collected and the
charge per parcel.
• Boundary Map for each district.
6. Preparation of Approval Documents: Harris will prepare required resolutions, staff reports and other documents required for the annual levy renewal of the maintenance and special services districts. All documents will be provided to the City for review in advance of the City Clerk’s date for agenda items.
Staff Involved: Alison Bouley,
Dennis Anderson, Chris Thomas,
and Sonya Williams
Deliverable: City Council
resolutions, staff reports, notices
and documents needed for the
annual renewal of the districts.
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. B. Description of Services Provided by the Company 23 Maintenance/Special Services District Annual Administration Services (LLMD & CFD) (continued)
7. Prepare and Submit Annual Assessments/Special Taxes: Compile and transmit a complete list of the assessment or special tax levies for each assessor’s parcel to the County of Riverside. Since there are separate fund numbers for each district, separate submittals will be made for each levy. Harris will research any exceptions and resolve all discrepancies. Resubmit data to County and confirm acceptance of the updated levies prior to the annual deadline.
Staff Involved: Alison Bouley,
Dennis Anderson, Chris Thomas,
Sonya Williams and Arn Richland
Deliverables:
• Annual levy submittal documents
and data.
• Updated parcel data reflecting
changes reflected in final levy
submittal and exception report.
• Levy submittal summary report
showing final amount to be
placed on the property tax roll for
collection
8. Handbills: Prepare handbills for each parcel that could not be applied on the County tax roll. Handbills will be prepared on City letterhead and will be issued bi-annually on a schedule similar to the County’s property tax payment schedule.
Staff Involved: Chris Thomas and
Arn Richland
Deliverables:
• Handbill for each parcel that
could not be applied on the
County Tax Roll.
• Provide the City with a listing of
handbills issued.
9. Respond to Property Owners’ Inquiries and Annual Administration during Fiscal Year :
• Optional: Harris will provide toll-free telephone number to be included on the County’s property tax bills. Harris will respond to property owner inquires and maintain a log of all calls received, the nature of the call and any recommended actions. At the request of the City, Harris will provide the City with a summary of the calls received. All calls will be returned within 1 business day if not answered at the time of the call. • Harris will respond to LLMD and CFD related City questions and requests for data during the fiscal year. This will be limited to the hours listed in the cost proposal. Any additional City requests will be billed separately at a fee mutually negotiated.
Staff Involved: Chris Thomas,
Sonya Williams and Arn Richland
Deliverable: Upon Request—report
on inquiries and call activity.
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. B. Description of Services Provided by the Company 24 District Restructuring & Proposition 218 Vote
District Evaluation: Harris will evaluate the possibility of a restructuring of selected City Districts, any required Proposition 218 vote process and make a recommendation to the City in writing. This will be performed upon request by the City with further detailed mutually acceptable scope of work and fee provided in a separate proposal.
Staff Involved: Alison Bouley,
Dennis Anderson, Chris Thomas,
and Sonya Williams
Deliverable: District restructuring
and Proposition 218 vote
recommendation.
Optional Services: Bonded District Administration Services Bonded District Administration: Additional administration services for Bonded Districts are available upon request, such as, but not limited to, annual disclosure filings, CDIAC filings, prepayment calculations and delinquency monitoring. This will be performed upon request by the City with further detailed mutually acceptable scope of work and fee provided in a separate proposal.
Staff Involved: Alison Bouley,
Dennis Anderson, Chris Thomas,
and Sonya Williams
Deliverable: Required filings and
reports.
Optional Services: New District Formation/Annexation Services Formation/Annexation services will be performed upon request by the City with further detailed mutually acceptable scope and fee provided in a separate proposal. Shown below is a typical scope of work.
1. Kick-off Meting: Harris will meet with the City staff and property owner representatives (if appropriate) to discuss the scope of the work, the proposed project schedule, the mechanisms and/or liaisons for obtaining the necessary information for the analysis (such as improvement plans, proposed land use designations, Parcel/Tentative Tract Map information, etc.), any properties that may have special needs, considerations or exemptions, and other information regarding the proposed improvements and properties.
Staff Involved: Chris Thomas and
Sonya Williams
2. Research: Gather support data, proposed development plans, proposed zoning information, preliminary improvement plans, cost estimates for all construction and maintenance components, locations of the proposed public improvements to be maintained, and any other pertinent information relating to the proposed improvements. A database will also be compiled based on the Assessor’s Roll and Parcel/Tentative Tract Map information for the properties within the development area, including property size, land use data and property ownership.
Staff Involved: Chris Thomas,
Sonya Williams and Arn Richland
3. Coordination: Coordinate with City staff, property owners, legal counsel, and other project consultants via conference call, email, or in person. Participate in meetings with City staff, and the project team as requested. (Assumes up to 4 meetings.) Staff Involved: Chris Thomas
4. CFD: Rate & Method of Apportionment: Review construction cost estimates including direct and indirect costs. Develop a special tax revenue model based on the proposed development product mix. Prepare preliminary special tax rate calculations based on the above analysis. Determine the special tax allocation methodology and formula to be applied in accordance with the Mello-Roos Act. Apportion the costs of facilities in the form of special taxes to be levied upon the parcels of land within the CFD using the special tax methodologies determined above. Prepare the Rate and Method of Apportionment for attachment to the Resolution of Intention. Review comments with City staff, the project team and property owners and finalize based on comments received. (Assumes up to two meetings.).
Staff Involved: Alison Bouley,
Dennis Anderson, and Chris
Thomas
Deliverable: Rate & Method of
Apportionment
OPTIONAL SERVICES
The flowing section is Optional Services which includes items not in the City's listed scope of work. These include Bonded District Administration Services and New District Formation/Annexation Services.
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. B. Description of Services Provided by the Company 25 Optional Services: New District Formation/Annexation Services (continued)
5. LLMD: Engineer’s Report: Harris will prepare a preliminary & final Engineer’s Report which contains all items as required by the Code, including the 1972 Act, Proposition 218, and relevant case law, including a description of the proposed improvements/ services, an engineer’s estimate of the construction costs/ service costs and incidental expenses, a description of the assessment methodology, boundary map/assessment diagram and the assessment roll.
Staff Involved: Alison Bouley,
Dennis Anderson, and Chris
Thomas
Deliverable: Engineer’s Report.
6. CFD: Proposed Boundary Map: Prepare the proposed Boundary Map for recordation pursuant to the Mello‐Roos Act and the County Recorder’s Office. One (1) original 18” x 26” mylar copy of the Proposed Boundary Map will be submitted for filing. The Proposed Boundary Map will be recorded with the appropriate City Official and the Riverside County Recorder after the Resolution of Intention is approved. A full-size copy and a reduced copy of the Boundary Map will also be provided for inclusion in reports.
Staff Involved: Dennis Anderson,
Chris Thomas, and Sonya Williams
Deliverable: Recorded Boundary
Map
7. CFD: Community Facilities District (CFD) Report: Prepare a draft CFD Report to reflect final estimated cost of facilities. In summary the report will include:
• Description of the CFD (including the
Proposed Boundary Map).
• Description of Facilities and Services.
• Cost Estimates.
• Rate and Method of Apportionment.
• A list of Property Owners.
Review comments with City staff and financing team and finalize based on comments received.
Provide a final PDF copy of the CFD Report.
Staff Involved: Dennis Anderson,
Chris Thomas, and Sonya Williams
Deliverable: CDF Report
8. City Council Meetings: Attend City Council meeting for Resolution of Intention & Public Hearing and election. Draft Resolutions, Ballots & Staff reports.
Staff Involved: Chris Thomas
Deliverables: Resolution, Ballot,
Staff Report
9. CFD: Notice of Special Tax Lien: Prepare the required the Notice of Special Tax Lien and record after district formation.
Staff Involved: Dennis Anderson,
and Chris Thomas
Deliverable: Recorded Notice of
Special Tax Lien
10. Bond Issuance: As needed, provide Special Tax Tables including the overlapping debt tables and up to five (5) special tax tables for the preliminary official statement, as required by the Bond Counsel and/or Disclosure Counsel. Certificate of the Special Tax Consultant— Review and execute the certificate of the special tax consultant, as provided by the Bond Counsel.
Staff Involved: Dennis Anderson,
Chris Thomas, and Sonya Williams
Deliverables:
• Special Tax Tables.
• Certificate of the Special Tax
Consultant.
11. CFD/LLMD Annexation: All applicable services listed above or as amended as needed. Staff Involved: Dennis Anderson, Chris Thomas, and Sonya Williams
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. B. Description of Services Provided by the Company 26
4. DESCRIBE THE PROPOSERS’ TECHNICAL CAPABILITIES FOR
THIS SERVICE.
We pride ourselves in providing qualified staff with strong technical knowledge of State codes, the requirements of Proposition 218 including recent court decisions, and government processes. We also understand that by listening to our clients’ needs, we can anticipate and respond to the challenges that characterize the public process.
Listening to You. Our diverse and extensive experience in public projects has given us a thorough understanding of the collaborative spirit and the sensitivity to community concerns, which are necessary for successful relationships and projects. As the City’s advocate throughout the assessment district administration process, we make it our job to understand your specific needs and focus on successful delivery of your project.
With Qualified Staff. Our project team members are specialists in assessment and financial engineering and have worked with cities, counties and special districts throughout California. We understand the statutory and constitutional procedures and requirements for both the formation and administration of streetlight and landscape maintenance districts established under the Street’s and Highways Code, and the requirements of Proposition 218, as well as other types of Special Financing Districts.
Committed to Your Success. Within the spectrum of assessment and financial engineering, Harris has built a reputation for excellent service. Our history of long-term client relationships represents the quality you can expect when you selecting Harris to be a part of your team.
Providing Financial Engineering Services. Harris provides a broad range of public financing and assessment engineering services. We assist public agencies in obtaining funding for the design, construction and maintenance of public infrastructure needed to serve the existing community and new developments. We are experts in special benefit analyses and have extensive knowledge of State codes relating to assessment and special financing districts, including Article XIIID of the California Constitution (Proposition 218) and related legislation.
5. PROPOSER SHALL LIST ANY RESOURCES, INFORMATION,
OR ASSISTANCE THE FIRM WILL REQUIRE FROM THE CITY TO
PERFORM THE SERVICES.
Harris will need the following documents from the City:
• Historical Tax Levy Files including, but not limited to, levy detail in Excel spreadsheet, City staff reports, resolutions, ordinances and/or exhibits and other pertinent documents for the approval of the annual levy, preferably in a Microsoft Word format. • Boundary Maps.
• Rate and Method of Apportionment for all CFDs.
• Annual Reports for each District.
• Engineer’s Report for each Assessment District.
• City personnel:
– A single point of contact at the City designated as the City’s project manager under this contract.
– Timely review of all work products to effectuate the statutory annual levy schedule. – City Attorney to review and opine on any potential inconsistencies with 1972 Act, Proposition 218. Proposition 218 Omnibus Implementation Act, and/or relevant case law.
Summary of Team Experience
Maintenance & Services Districts
Formation Proceedings 200+
After Proposition 218 160
Administration Proceedings 600+
Improvement Districts
Formation Proceedings 100
After Proposition 218 67
Administration Proceedings 100+
User Fee Districts
Formation Proceedings 43
After Proposition 218 32
Administration Proceedings 130+
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. C. Hourly rate sheet 27
C. HOURLY RATE SHEET
C. SUBMIT AN HOURLY RATE SHEET THAT COVERS ALL ITEMS AND ALL LEVELS OF STAFF NEEDED TO PERFORM SERVICES AS DETAILED IN THE SCOPE OF SERVICES.
Please see separate document for rate sheet.
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. D. Completed Proposer’s Signature Page 28 Request for Proposals On-Call Assessment Engineer Services
-10-
Request for Proposals On-Call Assessment Engineer Services
EXHIBIT A
CITY OF JURUPA VALLEY
PROPOSER’S SIGNATURE
ON-CALL ASSESSMENT ENGINEER SERVICES
The undersigned, having become familiar with the local conditions affecting the cost of work, hereby proposes to furnish all management, tools, supplies, equipment, material, transportation, and labor service necessary to perform and all work performed under any contract resulting from this proposal.
By submission of this proposal, the undersigned certifies that this proposal has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this proposal with any other proposer or competitor.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
D. COMPLETED PROPOSER’S SIGNATURE PAGE
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. D. Completed Proposer’s Signature Page 29 Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. D. Completed Proposer’s Signature Page 30 Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. D. Completed Proposer’s Signature Page 31
1401 Willow Pass Road, Suite 500, Concord, CA 94520 p: 925.827.4900 f: 866.356.0998 WeAreHarris.com
CERTIFICATE OF THE PRESIDENT AND CEO
OF
HARRIS & ASSOCIATES, INC.
Authorization to Enter into Contracts and Proposals
Pursuant to the authority granted by Section 5.3 of the Bylaws of Harris & Associates, Inc., a California corporation (Company), and the delegation of authority by the Board of Directors of the Company to the President and CEO, the undersigned, as President and CEO, hereby authorizes the individuals holding the positions named below to have the authority to enter into contracts and sign proposals and incur obligations in the amounts set forth below for contracts with acceptable risk. Contracts that have questionable risk must be elevated to the Risk Management Advisory Committee for review and approval. These authorities shall remain in effect until such individual no longer holds the named position or the signing authority is revoked, changed or amended by a duly executed Certificate of the President and CEO.
The individuals named below holding the positions in Tier 1 may further delegate their authority to specific individuals who report directly to them for amounts up to $2,500,000.
The individuals named below holding the positions in Tier 2 may further delegate their authority to specific individuals who report directly to them for amounts up to $1,000,000. This further delegation of authority must be in writing and approved by the CEO or appropriate Division President using the attached Delegation of Authority letter. The delegation of authority will be limited to a specific time period ending not later than the end of the specific calendar year. Further, this delegation of authority may be limited to a specific proposal or contract.
Tier 1. Contracts and Proposals in Unlimited Amounts
CEO, CBDO and COO
Tier 2. Contracts and Proposals up to Two Million Five Hundred Thousand Dollars ($2,500,000) Vice Presidents
IN WITNESS WHEREOF, the undersigned has executed this Certificate of the President and CEO as of this 1st day of March, 2022.
_____________________________________
Steve Winchester, President and CEO
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. E. Completed Non-Collusion Declaration 32 E. COMPLETED NON-COLLUSION DECLARATION
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. E. Completed Non-Collusion Declaration 33 Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. F. Completed list of three (3) references 34 Request for Proposals On-Call Assessment Engineer Services
-14-
Request for Proposals On-Call Assessment Engineer Services
EXHIBIT C
LIST OF REFERENCES
ON-CALL ASSESSMENT ENGINEER SERVICES
PROPOSER: ________________________________________________
REFERENCES
Following are the names, addresses and telephone numbers for three (3) public agencies for wh ich PROPOSER has performed similar work within the past two (2) years:
1. Name and Address of Agency
Name, Title, and Telephone Number of Person Familiar with Project
Annual Contract Amount Type of Work Date Completed
2. Name and Address of Agency
Name, Title, and Telephone Number of Person Familiar with Project
Annual Contract Amount Type of Work Date Completed
3. Name and Address of Agency
Name, Title, and Telephone Number of Person Familiar with Project
Annual Contract Amount Type of Work Date Completed
Harris & Associates, Inc.
City of Hemet, 3777 Industrial Avenue, Hemet, CA 92545
Noah Raugh, Public Works Director/City Engineer, 951.765.3712 City of Rancho Cordova, 2729 Prospect Park Drive, Rancho Cordova, CA 95670 Riverside County Transportation Department (RCTD), 4080 Lemon Street, 8th Floor, Riverside, CA 92501 Mark Hughes, Principal Engineering Technician, 951.955.1000 Elizabeth Sparkman, Community Development Director, 916.851.8714 F. COMPLETED LIST OF THREE (3) REFERENCES
Annual Administration and district formation services
Annual Administration and district formation services
Annual administration
$180,000
NTE $112,000
NTE $50,000
Ongoing
Ongoing
Ongoing
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. G. Photocopies of Company’s licenses and/or certifications 35 G. PHOTOCOPIES OF COMPANY’S
LICENSES AND/OR CERTIFICATIONS
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. H. Evidence of Insurability 36 H. EVIDENCE OF INSURABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER: $
COMBINED SINGLE LIMIT $(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED
BODILY INJURY (Per accident) $AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
7/28/2022
License # 0757776
(925) 609-6500 (925) 609-6550
20508
Harris & Associates Inc.
Attn: Susan Mandilag
1401 Willow Pass Road, Ste. 500
Concord, CA 94520
20427
35289
20443
A
1,000,000
6072176739 8/1/2022 8/1/2023 1,000,000
Ded: 0 15,000
1,000,000
2,000,000
2,000,000
1,000,000
B
BUA 6076590520 8/1/2022 8/1/2023
Ded: 0
10,000,000C
CUE 6076590551 8/1/2022 8/1/2023 10,000,000
10,000
B
7034219554 8/1/2022 8/1/2023 1,000,000
N 1,000,000
1,000,000
D PROFESSIONAL LIAB AEH591891588 8/1/2022 Per Claim 5,000,000 D Claims-Made;150k Ded AEH591891588 8/1/2022 8/1/2023 Aggregate 10,000,000 Workers Compensation policy excludes monopolistics states ND, OH, WA, WY.
For information purposes only.
*FOR INFORMATION PURPOSES ONLY*
HARR&AS-01 BBOGART
HUB International Insurance Services Inc.
P. O. Box 4047
Concord, CA 94524-4047
Valley Forge Insurance Company
American Casualty Co of Reading PA
The Continental Insurance Company
Continental Casualty Company
X
8/1/2023
X
X
X
X X
X
X
X
X
X
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. H. Evidence of Insurability 37 Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
CNA75079XX (10-16)
Policy No: 6072176739
Effective Date: 08/01/2022
Insured Name: Harris & Associates Inc.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf:
A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if:
1. the written contract requires you to provide the additional insured such coverage; and
2. this coverage part provides such coverage.
II. But if the written contract requires:
A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or
B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following:
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract.
III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract.
IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of:
A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including:
1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and
2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part.
V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part:
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. H. Evidence of Insurability 38 Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
CNA75079XX (10-16)
Policy No: 6072176739
Effective Date: 08/01/2022
Insured Name: Harris & Associates Inc.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Primary and Noncontributory Insurance
With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be:
1. primary and non-contributing with other insurance available to the additional insured; or
2. primary and to not seek contribution from any other insurance available to the additional insured.
But except as specified above, this insurance will be excess of all other insurance available to the additional insured.
VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following:
Any additional insured pursuant to this endorsement will as soon as practicable:
1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;
2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and
3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part.
However, if the written contract requires this insurance to be primary and non-contributory, this paragraph
3. does not apply to insurance on which the additional insured is a named insured.
The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured.
VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition:
Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement:
A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to:
1. the bodily injury or property damage; or
2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage.
Any coverage granted by this endorsement shall apply solely to the extent permissible by law.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. H. Evidence of Insurability 39 Architects, Engineers and Surveyors General Liability
Extension Endorsement
CNA74858XX (1-15)
Policy No: 6072176739
Effective Date: 08/01/2022
Insured Name: Harris & Associates Inc.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators.
B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE – ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph:
This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators.
23. RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES
WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising injury that results from services performed for the Named I nsured under the Named Insured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision.
24. SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS – COVERAGES A AND B is amended as follows:
A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and
B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit.
25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure.
26. WAIVER OF SUBROGATION - BLANKET
Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following:
The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of:
1. the Named Insured's ongoing operations; or
2. your work included in the products-completed operations hazard.
However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement:
1. is in effect or becomes effective during the term of this Coverage Part; and
2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim.
27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public cons truction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap- up) insurance program by applicable state statute or regulation.
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. H. Evidence of Insurability 40 Business Auto Policy
Policy Endorsement
CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS I.
A.
1. 2.
a.
b.
(1)
(2)
3. 4.
1. 2.
B.
1. 2.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
LIABILITY COVERAGE
Who Is An Insured
The following is added to Section II, Paragraph A.1., Who Is An Insured :
a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage.
Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest.
The insurance afforded by this provision A.2. :
Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier.
Does not apply to:
Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or
Any such organization that is an insured under any other liability "policy" providing auto coverage.
Any person or organization that you are required by a written contract to name as an additional insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION II – WHO IS AN INSURED and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured.
An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business.
"Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but:
Which are no longer in force; or
Whose limits have been exhausted.
Bail Bonds and Loss of Earnings
Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows:
In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day.
Policy No: BUA 6076590520
Policy Effective Date: 08/01/2022
Form No: CNA63359XX (04-2012)
Endorsement Effective Date: Endorsement Expiration Date:
Endorsement No: 13; Page: 1 of 4
Underwriting Company: American Casualty Company Of Reading, PA 151 N Franklin St, Chicago, IL 60606
© Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission.
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. H. Evidence of Insurability 41 Business Auto Policy
Policy Endorsement
C.
II.
A.
B.
a.
b.
C.
a.
D.
a.
b.
c.
d.
e.
(1)
(2)
E.
Fellow Employee
Section II, Paragraph B.5 does not apply.
Such coverage as is afforded by this provision C. is excess over any other collectible insurance.
PHYSICAL DAMAGE COVERAGE
Glass Breakage – Hitting A Bird Or Animal – Falling Objects Or Missiles The following is added to Section III, Paragraph A.3. :
With respect to any covered auto , any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced.
Transportation Expenses
Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide:
$60 per day, in lieu of $20; subject to
$1,800 maximum, in lieu of $600.
Loss of Use Expenses
Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide:
$1,000 maximum, in lieu of $600.
Hired "Autos"
The following is added to Section III. Paragraph A. :
5. Hired "Autos"
If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to:
Any covered auto you lease, hire, rent or borrow without a driver; and Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business.
The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto.
No deductible applies to loss caused by fire or lightning.
The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned autos .
Such physical damage coverage for hired autos will:
Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern.
Such coverage as is provided by this provision will be subject to a limit of $750 per accident .
Airbag Coverage
The following is added to Section III, Paragraph B.3. :
The accidental discharge of an airbag shall not be considered mechanical breakdown.
Policy No: BUA 6076590520
Policy Effective Date: 08/01/2022
Form No: CNA63359XX (04-2012)
Endorsement Effective Date: Endorsement Expiration Date:
Endorsement No: 13; Page: 2 of 4
Underwriting Company: American Casualty Company Of Reading, PA, 151 N Franklin St, Chicago, IL 60606
© Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission.
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. H. Evidence of Insurability 42 Business Auto Policy
Policy Endorsement
F.
c.
d.
G.
a.
b.
c.
d.
(1)
(2)
III.
1. a.
b.
(1)
(2)
2. IV.
A.
Electronic Equipment
Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following:
Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories A $100 per occurrence deductible applies to the coverage provided by this provision.
Diminution In Value
The following is added to Section III, Paragraph B.6. :
Subject to the following, the diminution in value exclusion does not apply to:
Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and
Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business.
Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts.
The most we will pay for loss to a covered auto in any one accident is the lesser of:
$5,000; or
20% of the auto's actual cash value (ACV).
Drive Other Car Coverage – Executive Officers
The following is added to Sections II and III :
Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your " executive officers " , except:
An auto owned by that "executive officer" or a member of that person's household; or An auto used by that " executive officer" while working in a business of selling, servicing, repairing or parking autos .
Such Liability and/or Physical Damage Coverage as is afforded by this provision.
Equal to the greatest of those coverages afforded any covered auto ; and Excess over any other collectible insurance.
For purposes of this provision, " executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse.
Such "executive officers" are insureds while using a covered auto described in this provision.
BUSINESS AUTO CONDITIONS
Duties In The Event Of Accident, Claim, Suit Or Loss
The following is added to Section IV, Paragraph A.2.a. :
Policy No: BUA 6076590520
Policy Effective Date: 08/01/2022
Form No: CNA63359XX (04-2012)
Endorsement Effective Date: Endorsement Expiration Date:
Endorsement No: 13; Page: 3 of 4
Underwriting Company: American Casualty Company Of Reading, PA, 151 N Franklin St, Chicago, IL 60606
© Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission.
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. H. Evidence of Insurability 43 Business Auto Policy
Policy Endorsement
(4)
(6)
B.
C.
D.
E.
a.
V.
Your employees may know of an accident or loss . This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager.
The following is added to Section IV, Paragraph A.2.b. :
Your employees may know of documents received concerning a claim or suit . This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager.
Transfer Of Rights Of Recovery Against Others To Us
The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us :
We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us.
This injury or damage must arise out of your activities under a contract with that person or organization.
You must agree to that requirement prior to an accident or loss .
Concealment, Misrepresentation or Fraud
The following is added to Section IV, Paragraph B.2. :
Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional.
Other Insurance
The following is added to Section IV, Paragraph B.5. :
Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract.
That written contract must have been entered into prior to Accident or Loss .
Policy Period, Coverage Territory
Section IV, Paragraph B. 7.(5).(a). is revised to provide:
45 days of coverage in lieu of 30 days.
DEFINITIONS
Section V. paragraph C. is deleted and replaced by the following:
Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these.
Policy No: BUA 6076590520
Policy Effective Date: 08/01/2022
Form No: CNA63359XX (04-2012)
Endorsement Effective Date: Endorsement Expiration Date:
Endorsement No: 13; Page: 4 of 4
Underwriting Company: American Casualty Company Of Reading, PA 151 N Franklin St, Chicago, IL 60606
© Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission.
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. H. Evidence of Insurability 44 Business Auto Policy
Policy Endorsement
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: HARRIS & ASSOCIATES INC.
Endorsement Effective Date: 08/01/2022
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the " accident " or the " loss " under a contract with that person or organization.
Policy No: BUA 6076590520
Policy Effective Date: 08/01/2022
Form No: CA 04 44 10 13
Endorsement Effective Date: Endorsement Expiration Date:
Endorsement No: 4; Page: 1 of 1
Underwriting Company: American Casualty Company Of Reading, PA, 151 N Franklin St, Chicago, IL 60606
© Copyright Insurance Services Office, Inc., 2011
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. H. Evidence of Insurability 45 Workers Compensation And Employers Liability Insurance
Policy Endorsement
BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
This endorsement changes the policy to which it is attached.
It is agreed that Part One - Workers’ Compensation Insurance G. Recovery From Others and Part Two - Employers’ Liability Insurance H. Recovery From Others are amended by adding the following:
We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations
The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2 %.
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.
60606
Policy No: WC 7034219554
Policy Effective Date: 08/01/2022
Policy Page: 32 of 48
Form No: G-19160-B (11-1997)
Endorsement Effective Date: Endorsement Expiration Date:
Endorsement No: 2; Page: 1 of 1
Underwriting Company: American Casualty Company Of Reading, PA 151 N Franklin St, Chicago, IL © Copyright CNA All Rights Reserved.
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. Exhibit D—Required Subconsultant Information 46 Request for Proposals On-Call Assessment Engineer Services
-15-
Request for Proposals On-Call Assessment Engineer Services
EXHIBIT D
REQUIRED SUBCONSULTANT INFORMATION
NAME
LICENSE NO. AND CLASSIFICATION
TELEPHONE
DESCRIPTION OF WORK CONTRACTED:
ADDRESS
CITY, ZIP
NAME
LICENSE NO. AND CLASSIFICATION
TELEPHONE
DESCRIPTION OF WORK CONTRACTED:
ADDRESS
CITY, ZIP
NAME
LICENSE NO. AND CLASSIFICATION
TELEPHONE
DESCRIPTION OF WORK CONTRACTED:
ADDRESS
CITY, ZIP
NOT APPLICABLE, WE DO NOT HAVE ANY SUBCONSULTANTS
EXHIBIT D—REQUIRED SUBCONSULTANT INFORMATION
Regular City Council Meeting - May 15, 2025
EXHIBIT B
QUOTATION FOR SERVICE
Consultant’s fees shall remain in effect through the initial term of the Agreement. Consultant’s fee schedule dated February 9, 2023, is attached.
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. C. Hourly Rate Sheet ii
C. HOURLY RATE SHEET
C. SUBMIT AN HOURLY RATE SHEET THAT COVERS ALL ITEMS AND ALL LEVELS OF STAFF NEEDED TO PERFORM SERVICES AS DETAILED IN THE SCOPE OF SERVICES.
The following rates are applicable to these professional services effective from January 1, 2023 to December 31, 2023.
Direct Service Staff: Rate / Cost
Assessment Engineer/Principal-in-Charge $270
Senior Consultant $270
Directors $225-$260
Senior Project Managers $195-$250
Project Managers $160
Senior Analysts $140-$170
Analysts $120-$150
Administrative Support $100-$125
Rates are subject to adjustment by the Consumer Price Index (CPI) on January 1, 2024 and each year thereafter.
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. Fee Proposal ii
C. IN ADDITION TO THE HOURLY RATE SHEET, PROPOSERS SHALL SUBMIT A FEE SCHEDULE FOR TASK 1 AND TASK 2.
Task 1 Fee Schedule
The following tables summarizes our fee for Task 1, Audit of Formation and Annexation Procedures and Parcel and Assessment Audit. Note that the time to complete the Parcel and Assessment Audit is difficult to estimate as it is unknown the number of potential issues we may run into. We have included a conservative effort and will bill this effort on a time and material basis. It is possible the task may be completed below budget. If significant issues are encountered and additional work is needed, Harris will discuss an approach with the City.
Audit of City Formation and Annexation Procedures $8,860 Parcel and Assessment Audit $50,460
Total $59,320
Project
Engineer
Project
Consultant
Project
Manager
Senior
Analyst
$270/hr $270/hr $160/hr $150/hr
Task Audit of City Formation and Annexation
Procedures Hours Total
Hours Base Fee
Kick-Off Meetings (In Person)/Document Collection 1 1 2 $310 Interviews/Follow-Up 8 8 16 $2,480
Review Recent Formation Documents 3 8 2 13 $2,390
Review Compliance with Code 2 2 1 5 $1,010
Document Findings in Summary Report 1 2 8 1 12 $2,240
Presentation to City Staff 1 1 2 $430
Total Base Fee 1 8 28 13 50 $8,860
A breakdown of the hours for Task 1 are included below. The first table summarizes the cost for the Audit of the City’s Formation and Annexation Procedures. The second table summarizes the anticipated cost for the Parcel and Assessment Audit.
Project
Engineer
Project
Consultant
Project
Manager
Senior
Analyst
$270/hr $270/hr $160/hr $150/hr
Task Parcel and Assessment Audit Hours Hours Hours Hours Total Hours Fee 1 Kick-Off Meetings (In Person)/Document Collection 6 8 8 22 $4,100 2 Method of Apportionment 2 24 16 8 50 $10,780
3 Parcel Analysis 2 4 24 40 70 $11,460
4 Assessment Analysis 2 16 32 20 70 $12,980
4 Document Findings in Summary Report 2 12 24 8 46 $8,820 3 Presentation to City Staff 4 4 4 12 $2,320
Total Fee 8 66 108 88 270 $50,460
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. Fee Proposal iii
C. IN ADDITION TO THE HOURLY RATE SHEET, PROPOSERS SHALL SUBMIT A FEE SCHEDULE FOR TASK 1 AND TASK 2.
Task 2 Fee Schedule
The following tables summarizes our fee for Task 2, Annual Administration of the LLMD’s and CFD’s. A four percent (4%) annual escalator is applied between years. Costs for the first year are higher due to the cost for the initial set-up of the database. Optional items, which includes items not in the City’s listed scope of work such as attending City Council Meetings and providing a property owner tax bill line, are also summarized.
Project
Engineer
Project
Consultant
Project
Manager
Senior
Analyst
2 $270/hr $270/hr $160/hr $150/hr
Task LLMD Annual Administration Tasks Hours Total
Hours Base Fee
1 Kick-Off Meeting (In Person)
1 3 3 6 $930
2 Budget Preparation Support 1 2 16 32 51 $8,170 3 Update Parcel Database/Spreadsheets 1 2 16 60 79 $12,370 3a. Initial Year Set-up (applies to first year only) 4 4 8 $1,240 4 Meetings 5 5 10 $1,550
5 Prepare Annual Engineer's Report 4 6 16 32 58 $10,060 6 Preparation of Approval Documents 1 4 8 13 $2,110 7 Prepare and Submit Annual Assessments 2 8 32 42 $6,620 8 Handbills 1 2 3 $460
Reimbursable Expenses 3 $500
Subtotal 6 13 73 178 270 $44,010
Optional Items:
5 City Council Meetings (combined with CFD) 8 $1,280 9 Property Owner Calls and Administration during
Fiscal Year 4 4 16 8 32 $5,920
Total 10 17 97 186 302 $51,210
1 LLMD and CFD Kick-Off Meetings are assumed to be a combined meeting and hours are split between the two tasks. 2 Includes estimated average rate of Senior Analysts that will be assigned to the project, actual rate will be based on hourly rate table. 3 Estimated reimbursable expenses. Billing will be based on actual expenses incurred.
A breakdown of the hours for Task 2 are included below. The first table summarizes the cost for the LLMD annual administration and the second table, on the next page, summarizes the cost for the CFD annual administration.
FY 23-24 FY 24-25 FY 25-26
LLMD $44,010 $44,481 $46,260
CFD $42,050 $41,194 $42,842
Total (without optional items) $86,060 $85,675 $89,102
Optional Items $13,120 $13,645 $14,191
Total (with optional items) $99,180 $99,320 $103,293
LLMD Annual Administration
Regular City Council Meeting - May 15, 2025
Harris & Associates, Inc. Fee Proposal iv
Project
Engineer
Project
Consultant
Project
Manager
Senior
Analyst
2 $270/hr $270/hr $160/hr $150/hr
Task CFD Annual Administration Tasks Hours Total
Hours Base Fee
1 Kick-Off Meeting (In Person)
1 3 3 6 $930
2 Budget Preparation Support 1 2 16 16 35 $5,770
3 Update Parcel Database/Spreadsheets 1 2 8 52 63 $9,890 3a. Initial Year Set-up (applies to first year only) 4 12 16 $2,440 4 Meetings 5 5 10 $1,550
5 Prepare Annual CFD Report (combined report) 4 4 24 16 48 $8,400 6 Preparation of Approval Documents 1 2 6 16 25 $4,170 7 Prepare and Submit Annual Assessments 1 2 8 36 47 $7,490 8 Handbills 1 5 6 $910
Reimbursable Expenses 3 $500
Subtotal 8 12 75 161 256 $42,050
Optional Items:
5 City Council Meetings (combined with LLMD) $0
9 Property Owner Calls and Administration during
Fiscal Year 4 4 16 8 32 $5,920
Total Fee 12 16 91 169 288 $47,970
1 LLMD and CFD Kick-Off Meetings are assumed to be a combined meeting and hours are split between the two tasks. 2 Includes estimated average rate of Senior Analysts that will be assigned to the project, actual rate will be based on hourly rate table. 3 Estimated reimbursable expenses. Billing will be based on actual expenses incurred.
CFD Annual Administration
Regular City Council Meeting - May 15, 2025
Regular City Council Meeting - May 15, 2025
20 STAFF REP
ORT
DATE: May 15, 2025
TO: HONORABL
E MAYOR AND CITY COUNCIL
FROM: RO
D BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 12.H
AWARD CONST
RUCTION CONTRACT TO CALMEX ENGINEERING, INC.
FOR THE MARKET STREET IMPROVEMENTS PROJECT FROM
RUBIDOUX BOULEVARD TO VIA CERRO (CIP #19108)
APPROV
E AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY
AND Z&K CONSULTANTS, INC. FOR CONSTRUCTION MANAGEMENT
SERVICES FOR THE MARKET STREET P ROJECT FROM RUBIDOUX
BOULEVARD TO VIA CERRO (CIP #19108)
RECOMM
ENDATION
That the C
ity Council award:
1) A constr
uction contract to Calmex Engineering, Inc. in the amount of $3,227,000.75 for the Market Street Improvements (CIP #19108), from Roubidoux Blvd. to Via Cerro and authorize the City Manager to execute the Agreement in the form attached hereto and to approve contingency up to ten percent of the original contract amount; and
2) A Professional Services Agreement (PSA) for Construction Management and Construction Inspection (CM/CI) to Z&K Consultants , Inc. in the amount of $273,644 for the Market Street Improvements (CIP #19108) and authorize the City Manager to execute the PSA in the form attached hereto.
BACKGROUND
On Jul
y 6, 2023, City Council approved the Market Street Improvements Project (CIP #19108) (the “Project”) as part of the Fiscal Year 2023-2024 through Fiscal Year 2027- 2028 Capital Improvement Program (“CIP”). This segment of Market Street is heavily used by trucks and other heavy vehicles. The General Plan Mobility Element designation
RETURN TO AGENDA
Regular City Council Meeting - May 15, 2025
for this segment of the Market Street is Primary Corridor (153’ Urban Arterial, width with 2-4 lanes). The Project will improve the existing roadway by widening the roadway to provide additional room for truck turning and lane storage; and correcting the cross section by eliminating super elevation. The work includes road reconstruction, curb and gutter, accessible ADA compliant ramps, signing and striping, traffic signal modification at Market Street and Agua Mansa Road, signal interconnect and drainage improvements.
This project will improve traffic operations, air quality, and enhance traffic safety on Market Street from Rubidoux Boulevard to Via Cerro.
ANALYSIS
A Notice Inviting Bids (NIB) was published on PlanetBids and in the local newspaper, and the Press Enterprise, on February 10, 2025, in accordance with the City’s Public Contract Code bidding procedures.
On March 6, 2025, six (6) bids were received and publicly opened at 2:00 p.m., with the following results:
Bidder
Base Bid
Amount
Additive
Bid
Total Bid
Amount
1. Calmex Engineering, Inc.,
Bloomington, CA
$3,227,000.75 $117,978.00 $3,344,978.75
2. Riverside Construction
Company, Inc., Riverside,
CA
$3,389,660.00 $100,170.00 $3,489,830.00
3. All American Asphalt,
Corona, CA
$3,777,269.50 $122,430 $3,899,699.50
4. Onyx Paving Company,
Inc., Anaheim, CA
$3,813,570.00 $122,430 $3,936,000.00
5. Aneen Construction, Inc.,
Riverside, CA
$4,229,707.6 $122,430 $4,377,965.00
6. Hillcrest Contracting, Inc.,
Corona, CA
$4,659,261.70 $73,458 $4,732,539.70
All bids were reviewed for accuracy and completeness. Calmex Engineering, Inc. is the lowest responsive and responsible bidder, with a base bid amount of $3,227,000.75. The additive bid item (sidewalk) is not being awarded at this time due to funding constraints.
Calmex Engineering, Inc. is a reputable construction firm with a proven track record of successfully completing public works projects in Riverside and San Bernardino Counties.
References for the firm were found to be satisfactory. Calmex engineering has also recently completed a major street rehabilitation project for the city. The engineer’s cost estimate for the project is $4,374,629 including contingency.
Separately, a Request for Proposals (RFP) was released on Planetbids and the Press Enterprise to provide Construction Management and Construction Inspection (CM/CI) Regular City Council Meeting - May 15, 2025
service on February 10, 2025. On March 12, 2025, fourteen (14) proposals were received from the following engineering firms; Em & Am, FCG, Fountainhead, Ladylu, LAE, NV5, Onward Engineering, S2, Southstar, TKE, Transtech, WEBB, Wildan and Z&K all proposals were evaluated based on the firm's qualifications including its organization, credentials, experience, firm profile, personnel, staffing, staff's availability, project approach and understanding and technical ability. The proposals were evaluated by City staff based on the criteria listed above and Z&K, Inc., Riverside, CA was ranked as the best qualified firm for this project.
Per Section 3.15.100 of the Jurupa Valley Municipal Code, professional services are defined as those provided by specially trained and experienced firms in fields such as accounting, engineering, finance, and planning. The City Council awards these services based on demonstrated competence, qualifications, and the fairness and reasonableness of service costs to the City, not solely on cost. S taff is also recommending that City Council approve a Professional Services Agreement (PSA) with Z & K Inc., Riverside CA for CM/CI services for the Market Street Project from Rubidoux Blvd. to Via Cerro (CIP #19108)
City’s Public Works/Engineering Department Staff will provide project administration and oversight. Project management and inspection services will be performed by a construction management firm, Z & K Inc. The scope of work includes monitoring compliance with contract documents, including temporary construction traffic control, preparation of monthly progress payment reports, and various administrative activities related to the project. Upon approval, construction will be scheduled to begin in June 2025, with anticipated completion by December 2025.
The Project was evaluated in accordance with the California Environmental Quality Act (CEQA) and is categorically exempt. This finding is based on Section 15304 which covers the reconstruction or replacement of existing structures.
FINANCIAL IMPACT
The anticipated project construction cost is approximately $4,000,000, which includes contingency to cover the unforeseen field conditions, construction management/inspection services as well as the engineering testing materials. The project is funded by Transportation Uniform Mitigation Fee ("TUMF”) through Western Riverside Council of Governments (WRCOG). There will not be an impact to the City’s General Fund.
ALTERNATIVES
1. Do not approve Agreement and related actions.
2. Provide alternative direction to Staff.
*********************** SIGNATURES ON FOLLOWING PAGE *************************
Regular City Council Meeting - May 15, 2025
Submitte�
/
,vi'aria Fraser
eputy Director of Public Works/Asst.
'city Engineer
Reviewed by:
Su
Director of Finance
Reviewed by:
Peter M. Thorson
City Attorney
Attachments:
Reviewed by:
p
Dir ctor of Public Works/City Engineer
Reviewed by:
Michael Flad
Assistant City Manager
Submitted by:
�ii.�
Rod B. Butler
City Manager
1) Agreement for Construction Contract to Calmex Engineering, Inc. for the Market Street Improvements Project
2) Agreement between the City of Jurupa Valley & Z&K Consultants, Inc. for Construction Management Services
Page I 4
www.jurupavalley.org -------=-=.:::-:_-_ -- �---� -� _ - -.._____:_ � �-- Regular City Council Meeting - May 15, 2025
AGREEMENT FOR CONSTRUCTION MANAGEMENT AND CONSTRUCTION
INSPECTION SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND Z & K CONSULTANTS INC. FOR MARKET STREET IMPROVEMENTS FROM RUBIDOUX BLVD. TO VIA CERRO, CIP #19108
THIS AGREEMENT is made and effective as of May 15th 2025, between the City of Jurupa Valley (“City”) and Z&K Consultants, Inc., a California Corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. Term
This Agreement shall commence on May 15th 2025, and shall remain and continue in effect until tasks described herein are completed in accordance with the Scope of Services, but in no event later than January 28, 2026, unless sooner terminated pursuant to the provisions of this Agreement.
2. Services
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. Performance
Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. Payment
A. The City agrees to cause Consultant to be paid monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed two hundred seventy-three thousand six hundred forty-four dollars ($273,644.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council.
C. Consultant shall submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of Regular City Council Meeting - May 15, 2025
receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant’s fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.
5. Suspension or Termination of Agreement Without Cause A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
6. Default Of Consultant
A. The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.
B. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
7. Special Federal Requirements.
The Consultant does hereby acknowledge that this project will be partially or fully funded with Active Transportation Program grant funding, which Program was created by Senate Bill 99 (Chapter 359, Statutes 2013) and Assembly Bill 101 (Chapter 354, Statutes 2013) and is therefore subject to applicable Federal procurement, labor, environmental, equal opportunity, and other regulations or requirements, including, but not limited to those set forth in Title 23 of the Code of Federal Regulations- Highways, 23 U.S.C. 633 Subpart A-Federal-Aid Construction Contracts (Other than Appalachian Contract), the Required Contract Provisions set forth in Form FHWA 1273 and 29 CFR 5.5, any California Department of Transportation grant requirements as set forth in the Program Supplement No. T19 Rev. 1, effective October 9, 2019 to Regular City Council Meeting - May 15, 2025
Administering Agency-State Agreement No. 00511S for Federal Projects, which was entered into between the City and the State of California effective June 30, 2017, all of which are attached hereto and incorporated herein by this reference. Consultant shall comply with the requirements in the above-referenced documents and any applicable state, federal or local requirements and/or assist City with compliance as applicable, and also incorporate all applicable provisions in the documents noted above and any requirements into any subconsultant agreements.
8. Prevailing Wages
A. Consultant shall pay prevailing wages to the extent required by and in accordance with the requirements of Labor Code Sections 1720 et. seq. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute by this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any sub-contractor under him, in violation of the provisions of the Agreement.
B. Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html.
9. Ownership and Maintenance Of Documents
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as Regular City Council Meeting - May 15, 2025
necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of two (2) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City Manager, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A, without the written consent of the Consultant.
10. Indemnification
A. Indemnity for Design Professional Services. In connection with its design professional services, but subject to the limitations of Section 2 of this Agreement, Consultant shall hold harmless and indemnify City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (collectively “Indemnitees”), with respect to any and all claims, demands, liabilities, losses, costs or expenses, including reimbursement of reasonable attorney fees and costs of defense (collectively “Claims”), including but not limited to Claims relating to death or injury to any person and injury to any property which to the extent arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub-consultants, or agents in the performance or its professional services under this Agreement.
In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault as set forth in California Civil Code 2782.8.
B. Other Indemnities. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Damages” hereinafter) not covered by Paragraph 9.A. above, but subject to the limitations of Section 2 of this Agreement, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Claims, including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant’s duty to defend pursuant to this Section 9.B. shall apply Regular City Council Meeting - May 15, 2025
independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions or Indemnitees.
11. Insurance Requirements
A. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
1) Minimum Scope of Insurance. Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
b) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
c) Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker’s compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. d) Professional liability insurance shall be written on a policy form providing professional liability for the Consultant’s profession. 2) Minimum Limits of Insurance. Consultant shall maintain limits no less than:
a) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
c) Worker’s Compensation as required by the State of
California; Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
d) Professional liability insurance in the amount of one million dollars ($1,000,000) per claim and in the aggregate.
Regular City Council Meeting - May 15, 2025
3) Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall not exceed $25,000 unless otherwise approved in writing by the City Manager in his sole discretion.
B. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (“Additional Insured”) shall be covered as insured’s as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. 2) For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self- insured maintained by the Additional Insureds shall be excess of the Consultant’s insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds.
4) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5) Each insurance policy required by this clause shall be endorsed to state that the insurer shall endeavor to provide thirty (30) days’ prior written notice, by certified mail, return receipt requested, to the City prior to any action to suspend, void, cancel or otherwise reduce in coverage or in limits.
6) Within one (1) business day following receipt by Consultant of any notice correspondence or notice, written or oral, of an action or proposed action to suspend, void, cancel or otherwise reduce in coverage or in limits of the required insurance, Consultant shall notify City of such action or proposed action.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to the City. Self- insurance shall not be considered to comply with these insurance requirements.
D. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City’s forms, the Consultant’s insurer may Regular City Council Meeting - May 15, 2025
provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
E. Modifications. City Manager may, with the consent of the City Attorney, waive the provisions of this paragraph or provided for other forms of insurance as may be necessary to enable the City to receive adequate insurance protection as contemplated in this section.
12. Independent Contractor
A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
13. Legal Responsibilities
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
14. Confidentiality; Release Of Information
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.
B. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
Regular City Council Meeting - May 15, 2025
15. Assignment
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. City consents to the use of the sub-consultants described in Exhibit A to this Agreement provided the costs of such sub-consultants shall be borne by the Consultant and shall not exceed the costs described in Paragraph 5 of this Agreement.
16. General Provisions
A. Notices. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice.
Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
To City: City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Attention: Paul Toor, Director of Public Works
To Consultant: Z&K Consultants, Inc.
473 E Carnegie Dr
San Bernardino, CA 92408
Attention: Crystal Fraire, PE
B. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
C. Governing Law; Venue
1) The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 2) Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Jurupa Valley. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court’s judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
D. Prohibited Interest. No officer, or employee of the City of Jurupa Valley who has participated in the development of this Agreement or its administration shall have any Regular City Council Meeting - May 15, 2025
financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant’s sub-contractors, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City Council or City of Jurupa Valley has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant’s sub- Consultants on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
E. Entire Agreement. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
F. Time is of Essence. In carrying out the provisions of this Agreement, both parties acknowledge and agree that time is of the essence.
G. Authority To Execute This Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
Regular City Council Meeting - May 15, 2025
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF JURUPA VALLEY
Rod B. Butler
City Manager
ATTEST:
Evelyne Ssenkoloto,
Interim City Clerk
APPROVED AS TO FORM
Peter M. Thorson
City Attorney
Z&K CONSULTANTS, INC.
By:
Name:
Title:
By:
Name:
Title:
[SIGNATURES OF PRESIDENT AND SECRETARY OF CORPORATION OR CORPORATE AUTHORITY RESOLUTION REQUIRED FOR CORPORATION; SIGNATURE OF MANAGING MEMBER REQUIRED FOR LLC OR LLP]
Regular City Council Meeting - May 15, 2025
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide construction management and inspection services for the construction of pavement rehabilitation, PCC curb, gutter, sidewalk and ADA access ramps for various streets on Market Street from Rubidoux Blvd to Via Cerro areas.
Regular City Council Meeting - May 15, 2025
EXHIBIT B
PAYMENT RATES AND COST PROPOSAL
Regular City Council Meeting - May 15, 2025
COST PROPOSAL
March 12, 2025
Paul Toor, Public Works Director/City Engineer
City of Jurupa Valley, Public Works Department
8930 Limonite Avenue, Jurupa Valley, CA 92509
Subject: Cost Proposal for Construction Management and Inspection Services for the Market Street Improvements, Pro
ject No. 19108
Dear Mr.Toor,
Z&K Consultants Inc. (Z&K) proudly presents our cost proposal to the City of Jurupa Valley. Our anticipated not-to-exceed total fee for Construction Management and Inspection Services Market Street Improvements is $273,644.00. A breakdown of these as-needed services is included below.
We und
erstand that the fee will be negotiated with the selected firm and shall include all necessary resources including labor, material, and transportation required to provide the services outlined. Z&K Consultants based our cost proposal on the
scope of work provided in the RFP. All prevailing wage requirements will be fo llowed by the team. All team members are in conformance with the State of California Labor compliance requirements. Rates included in our Cost P roposal are fully billable rates. All overhead costs are included. All insurance will be in force at the time of contract execution.
Below is
a table with the hourly rate schedule:
Z&K Consultants, Inc Hourly Rates:
Senior Construction Manager ......................................................................................................................... $176.00 Senior Construction Inspector ........................................................................................................................ $157.00 Project Manager/Contract Manager................................................................................................................ $158.00 Labor Compliance Officer ............................................................................................................................... $149.00 Converse Hourly Rates:
Material Testing and Geotechnical Services ................................................................................................. Attached Overtime rates are billed at 1.5x the regular rate and double time rates are 2x the regular rates. Rates shall be increased by 3% per annum. Z&K Consultants commits that all assigned personnel will not be removed or replaced without prior City approval. Key personnel will be avai lable to the extent proposed for the duration of the contract. Our proposed and fully committed team is fully capable and exceptionally qualified.
Z&K ha
s carefully selected this "A-Team" and committed our most qualified staff for the duration of the contract to deliver a successful project. We understand the importance of meeting budgets and schedules; we have a strategic plan in place to deliver projects with such benchmarks in mind. Our proposed team mem bers are recognized as experts in Construction Management and Inspection services and will provide “turn-key” Con struction Management and Inspection services for the City’s Project.
I will serve as the contact perso n for the full duration on the contract and I am authorized to bind the firm to the terms of the proposal. By signing below, I attest that all information submitted is true and accurate. This proposal shall remain valid for a period of not less than 120 days from the date of submittal. The payment terms shall be net thirty (30) days.
Sinc
erely,
Crystal Fraire, PE
President/Principal-in-Charge
17130 Van Buren Blvd. #122, Riverside, CA 92504
Phone. 951.310.7470 | [email protected]
Regular City Council Meeting - May 15, 2025
NOT-TO-EXCEED FEE SCHEDULE
Below are not-to-exceed fee schedules broken up by project. Material testing services shall be provided by a subconsultant on an as-needed basis. The fee proposal for Market Street from Rubidoux Blvd is based on a not-to-exceed fee for a construction period of 120 working days.
The above hours are an estimate of total hours for each team member per task. The total subtask hours will change as the City and the project dictate. Our team will redistribute hours as necessary throughout the project. Our proposed and fully committed team is ful ly capable and exceptionally qualified. They have held many leadership roles and supervisory management positions in many local agencies in cluding the private and public sectors. All can multi- task, are multi - disciplined, and have a full understanding of all aspects of the proposed project requirements.
Construction Management and Inspection Services for Market Street from Rubidoux Blvd.
Project No. 19108
Task/ Classification
Senior
Construction
Manager
(Hrs)
Senior
Construction
Inspector
(Hrs)
Project /
Contract
Manager
(Hrs)
Labor
Compliance
Officer
(Hrs)
Material
Testing
(Converse
Consultants)
Total Cost
Hourly Rate $176.00 $157.00 $158.00 $149.00 -
Preconstruction 8 16 24 4 - $8,308.00
Task 1 – Construction Management 168 - 144 - - $52,320.00 Task 2 – Construction Inspection - 924 - - - $145,068.00 Task 3 – Material Testing - - - - $ 27,140.00 $27,140.00 Task 4 – Labor Compliance 24 12 - 48 - $13,260.00
Task 5 – Meetings 48 24 48 - - $19,800.00
Task 6 – Project Closeout 12 16 16 4 - $7,748.00
Total Hours 260 992 232 56 - 1,540
Total Cost $45,760.00 $155,744.00 $36,656.00 $8,344.00 $27,140.00 $273,644.00 Regular City Council Meeting - May 15, 2025
CONVERSE CONSULTANTS
Prevailing Wage Schedule of
Fees Geotechnical Personnel
Introd
uction
It is the objective of Converse Consultants to provide its clients with quality professional and technical services and a continuing source of professional advice and opinions. Services will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. This fee schedule i s valid through December 31, 2025.
Hourly Cha
rges for Personnel
Staff assignments will depend on personnel availability, job complexity, project site location, and experience level required to satisfy the technical requirements of the project and to meet the prevailing standard of professional care.
Field Tech
nical Services (hourly rate including vehicle and equipment) Construction Inspector – ACI/ICC and/or AWS/CWI certified (concrete, post-tension, masonry, structural steel, fireproofing; includes concrete batch plant and local steel fabrication inspections) ............................... $150 DSA Masonry Inspector ........................................................................................................................................................... 1 50 Non-Destructive Testing Inspector (ultrasonic, magnetic particle, dye penetrant, skidmore, pull testing, torque testing, Schmidt hammer, and pachometer) .......................................................................................................... 155 Coating Inspector/Coring Technician ....................................................................................................................................... 150 Soils
Technician (soil, base, asphalt concrete, and moisture emission testing) ....................................................................... 150 Sample Pick-Up ......................................................................................................................................................................... 65 Professio
nal Services (consultation for field and office, if requested) Staff Professional ................................................................................................................................................................... $145 Senior St
aff Professional .......................................................................................................................................................... 155 Project Professional ................................................................................................................................................................. 165 Project Manager ....................................................................................................................................................................... 170 Senior Professional .................................................................................................................................................................. 190 Principal Professional ............................................................................................................................................................... 230 Princ
ipal Consultant ................................................................................................................................................................. 235 Labora
tory Testing
Laboratory Technician ...................................................................................................................................................... Per Test (see Geotechnical Laboratory Testing and Materials Testing Services fee schedules.) Laboratory Supervisor ............................................................................................................................................................ $ 100 Office
Support
Clerical/Word Processing ......................................................................................................................................................... $80 Drafting
....................................................................................................................................................................................... 80 CAD Operator/Drafting Manager .............................................................................................................................................. 90 Overtim
e and special shift rates for Field Services personnel are determined in accordance with Prevailing Wage law. Travel time to and from the job site will be charged at the hourly rates for the appropriate personnel.
Expenses
1. Ex
ploration expenses (drilling, trenching, etc.) are charged at cost plus fifteen percent.
2. Travel and subsistence expenses (transportation, room and board, etc.) for individuals on projects requiring travel and/or li ving 50 miles away from the project site are charged at cost plus fifteen percent.
3. Automobile and truck expenses are charged at cost plus fifteen percent (rentals) or at the current IRS milage rate per mile for company-owned vehicles traveling between principal office and project.
4. Other out-of-pocket direct project expenses (aerial photos, long-distance telephone calls, permits, bonds, outside printing services, tests, etc.) are charged at cost plus fifteen percent.
Invoices
1. Invo
ices will be submitted to the Client on a monthly basis, and a final bill will be submitted upon completion of services.
2. Payment is due upon presentation of invoice and is past-due thirty days from invoice date. In the event Client fails to make any payment to Converse when due, Converse may immediately cease work hereunder until said payment, together with a service charge at the rate of eighteen percent per annum (but not exceeding the maximum allowed by law) from the due date, has been received .
Further, Converse may at its sole option and discretion refuse to perform any further work irrespective of payment from Client in the event Client fails to pay Converse for services when said payments are due.
3. Client shall pay attorneys’ fees or other costs incurred in collecting any delinquent amount.
Genera
l Conditions
The terms and provisions of the Converse General Conditions are incorporated into this fee schedule as though set forth in full. If a copy of the General Conditions does not accompany this fee schedule, Client should request a copy from this office.
Regular City Council Meeting - May 15, 2025
CONVERSE CONSULTANTS
Schedule of Fees – Geotechnical Laboratory Testing
Compensation for laboratory testing services will be made in accordance with this fee schedule which includes test report(s) and engineering time. Costs of tests not on this schedule will be by quote and/or in accordance with our current hourly fee schedule. The rates are based on non-c ontaminated soil. A surcharge will be charged for handling contaminated material, which will be determined based on the project.
This fee schedule is valid through December 31, 2025.
IDENTIFICATION AND INDEX PROPERTIES TESTS
Visual Classification, ASTM D2488 ................................... 15.00 Engineering Classification, ASTM D2487 ......................... 20.00 Moisture Content and Dry (bulk) Density,
ASTM D2216 and D2937 ............................................. 20.00 Moisture Content, ASTM D2216 .................................. 15.00 Shrinkage Limit, ASTM D4943 .......................................... 85.00 Atterberg Limits, ASTM D4318
Several points ............................................................ 150.00 One Point ..................................................................... 50.00 Particle Size Analysis, ASTM D6913
Fine Sieve, from +#200 to #4 ..................................... 100.00 Coarse and Fine Sieve, from #200 to 3 in .................. 180.00 Hydrometer ................................................................ 120.00 Percent Passing #200 Sieve, ASTM D1140 ...................... 80.00 Specific Gravity
Fine, passing #4 sieve, ASTM D854 ............................ 90.00 Coarse, retained on #4 sieve, ASTM C127 .................. 90.00 Sand Equivalent Test, ASTM D2419 ............................... 110.00 Double Hydrometer Dispersion, ASTM D4221 ................ 150.00
COMPACT
ION AND BEARING STRENGTH
Standard Proctor Compaction, ASTM D698 or ASTM D1557
Method A or B ............................................................ 200.00 Method C, 6” mold ...................................................... 200.00 California Impact Method, Caltrans 216 .......................... 200.00 R-value, ASTM D2844 and CTM301 ............................... 250.00 California Bearing Ratio (CBR), ASTM D1883
1 Point ........................................................................ 530.00 3 Points ...................................................................... 750.00 Relative Density
0.1 Cubic Foot Mold ................................................... 200.00
0.5 Cubic Foot Mold ................................................... 300.00
SHEAR ST
RENGTH
Torvane/Pocket Penetrometer .......................................... 25.00 Direct Shear
Quick Test .................................................................... 75.00 Consolidated, Drained, granular soil,
ASTM D3080 ........................................................ 200.00 Consolidated, Drained, fine grained soil,
ASTM D3080 ........................................................ 250.00 Consolidated, Undrained, fine grained soil ................. 200.00 Residual Strength, per cycle ........................................ 60.00 Remolded Specimens .................................................. 60.00 STATI
C UNIAXIAL AND TRIAXIAL STRENGTH TESTS
(PER POINT)
Unconfined Compression, ASTM D2166 ........................ 150.00 Unconsolidated, Undrained, ASTM D2850 ..................... 160.00 Consolidated, Undrained, per point ................................ 700.00 Consolidated, Drained, per point .................................... 700.00 With Pore Pressure Measurement, per load ................... 150.00 Remolded Specimen ......................................................... 90.00 CONSOL
IDATION (ASTM2435) AND SWELL COLLAPSE
(ASTM D4546) TESTS
8 Load Increments .......................................................... 220.00 Additional Load Increment ................................................ 50.00 Time-Ratio, per load increment ......................................... 90.00 Single Point, collapse test ................................................. 90.00 Single Load Swell, ASTM D4546
Ring Sample, Field Moisture ......................................... 90.0 0 Ring Sample, Air Dried ................................................. 90.00 Remolded Sample .............................................................. 60.00 Expansion Index Test, UBC 29-2/ASTM D4829 ................130.00
HYDRAULIC CO
NDUCTIVITY TESTS
Constant Head, ASTM D2434 ...........................................250.00 Falling Head Flexible Wall, ASTM D5084 .........................300.00 Triaxial Permeability, EPA 9100 ........................................350.00 Remolded Specimen .......................................................... 60.00
CHEMICAL
TESTS
Corrosivity (pH, resistivity, sulfates, chlorides) ..................220.00 Organic Content, ASTM D2974 .......................................... 80.00 Conditions: Unit rates presented on this fee schedule are for routinely performed geotechnical laboratory tests. Numerous other earth material physical tests can be performed in our geotechnical laboratories, including rock core, soil cement and soil lime mixture tests. Tests not listed can be quoted upon request.
Prices are based on the assumption that samples are uncontaminated and do not contain heavy metals, acids, carcinogens and/or volatile organics whi ch can be measured by an organic vapor analyzer or photoionization detector with a concentration greater than 50 parts -per-million (ppm). Quoted testing fees are based on the assumption that no protective clothing will be required to handle samples. If L evel D protective clothing will be required during handling of samples (as defined in Federal CFR Part 1910.120), then a 40% increase in fees presented in this schedule will be applied. Level C protective clothing will be a 60% increase in fees. Converse will not handle samples that require either Level B or Level A protection in our geotechnical laboratories.
Contaminated samples will be returned to the client. Uncontaminated samples will be disposed of 30 days after presentation of test results. The client must disclose the source of samples. Samples imported from out of state will be incinerated after testing in accordance with requirements of the United States Department of Agriculture. Soil samples obtained within the State of California currently designated quarantine areas will also be incinerated in accordance with the requirement of the State of California, Department of Food and Agriculture, Division of Plant Industry, Pest Exclusion. A $5.00 incineration fee will be added to each sample that
is required to be incinerated in
accordance with State and Federal law.
Test results requiring plots will be presented in a publishable format generated from computer programs. Otherwise, raw test numbers will be presented. A minimum laboratory fee of $50.00 will be charged to present and mail test results. Beyond the standard U.S. Mail delivery, specialized transmittal will be charged at additional cost (e.g., Federal Express, UPS, etc.). Geotechnical testing does not include engineering and/or geolog
ic review and analysis.
Typical turnaround for geotechnical laboratory testing is two weeks (or roughly ten working days). To expedite test turnaround to five working days, a 50% increase in the fees in this schedule will be applied. Many geotechnical tests require at least one week to perform in accordance with ASTM or other standard specifications. Fees presented in this schedule for relatively undisturbed direct shear, consolidation or expansion pressure tests are based on the assumption that 2.416-inch inside diameter brass ring samples will be provided to the geotechnical laboratory for testing. Remolded specimens will be compacted in standard 2.5 -inch outside diameter brass rings for direct shear, consolidation and expansion pressure tests. All fees presented in this schedule are based on the assumption that the client will deliver samples to our laboratory at no additional cost to Converse.
Invoic
es will be issued monthly and are payable on receipt unless otherwise agreed upon. Interest of 1.5% per month (but not exceeding the maximum allowed by law) will be payable on any amount not paid within thirty days; payment thereafter to be applied first to accrued interest and then to the principle unpaid amount. The Client shall pay any attorneys' fe es or other costs incurred in collecting any delinquent amounts.
Regular City Council Meeting - May 15, 2025
CONVERSE CONSULTANTS
Schedule of Fees – Materials Laboratory Testing
Compensation for laboratory testing services will be based on rates in accordance with this fee schedule which includes test report(s) and engineering time. Costs of tests not on this schedule will be by quote and/or in accordance with our current hourly fee schedule. Our services will be performed in accordance with the General Conditions. This fee schedule is valid through December 31, 2025.
AGGREGATES
Moisture Content, ASTM D2216 .............................................. 15.00 Particle Size Analysis
Coarse, ASTM C136, each ............................................... 100.00 Coarse and Fine, ASTM C136 & C137), each .................. 180.00 Specific Gravity & Absorption
Coarse Aggregate, ASTM C127 ......................................... 85.00 Fine Aggregate, ASTM C128 ............................................. 85.00 Unit Weight per Cubic Foot, ASTM C29 ............................. 75.00 Soundness, Sodium or Magnesium, ASTM C88, each ..... 200.00 Potential Alkali Reactivity, ASTM D289 ............................ 300.00 Freeze Thaw Soundness .................................................. 175.00 Los Angeles Abrasion, per class, ASTM C131, C535 ....... 220.00 Sand Equivalent, ASTM D2419 ........................................ 110.00 Lightweight Particles, ASTM C123, each ............................ 85.00 Clay Lumps & Friable Particles, ASTM C142, each .......... 120.00 Stripping Test, ASTM D1664, each .................................... 85.00 Organic Impurities, ASTM C40 ........................................... 75.00 Durability ...................................................................... By Quote CON
CRETE TESTS
Laboratory Trial Batch, ASTM C192 .................................. By Quote Laboratory Mix Design, Historical Data .............................. By Quote Compression Test, 6”x12” Cylinder, ASTM C39, each ............. 50.00 Lightweight Concrete
Compression ...................................................................... 50.00 Unit Weight ......................................................................... 50.00 Specimen Preparation, Trimming or Coring, each ................... 60.00 Bond Strength, ASTM C321
Prepared by Converse...................................................... 150.00 Prepared by Others ............................................................ 80.00 Core Compression Test, ASTM C12, each .............................. 80.00 Flexure Test, 6”x6” Beams, ASTM C78, each ........................ 110.00 Modulus of Elasticity, Static, ASTM C469, each .................... 150.00 Length Change, ASTM C157, 3 bars, 5 readings each,
up to 26 days .................................................................... 320.00 Splitting Tensile, 6”x12” Cylinders, each .................................. 80.00 Field Concrete Control (sampling, slump, temperature,
cast 4 cylinders, molds, cylinder pick-up, within 10 miles of office, stand-by extra), ASTM/UBC, hourly rate
schedule, or each cylinder .................................................. 95.00 Field Concrete Control (same as above plus air content test), ASTM/UBC, each cylinder .................................................. 95.00 Hold Cylinder ........................................................................... 10.00 Cylinder Mold, sent to job site but not cast by Converse or returned to Converse ............................................................ 5.00 MASO
NRY (ASTM C140, E447, UBC STANDARD 24-22)
Moisture Content, as received, each ........................................ 20.00 Absorption, each ...................................................................... 5 0.00 Compression, each .................................................................. 55.00 Shrinkage, ASTM C426, each ............................................... 100.00 Net Area and Volume, each ..................................................... 25.00 Masonry Blocks, per set of 9 .................................................. 450.00 Masonry Core Compression, each........................................... 55.00 Masonry Core Shear, each ...................................................... 55.00 Masonry Core Trimming, each ................................................. 55.00 Compression Test, grouted prisms, 8”x8”x16”, each .............. 120.00 Compression Test, grouted prisms, 12”x16”x16”, each .......... 130.00 Compression Test
2”x4” Mortar Cylinder, each ................................................ 40.00 3”x6” Grout Prisms, each .................................................... 40.00 2” Cubes, ASTM C109, each .............................................. 40.00 Cast by Others ......................................................................... 40.00 Mortar or Grout Mix Designs .............................................. By Quote FIREPR
OOFING TESTS
Oven Dry Density, per sample ................................................. 70.00
MOISTURE EMISSION TEST
Moisture Emission Test Kit ......................................................7 0.00 ASPHAL
TIC CONCRETE
Stability, Flow, and Unit Weight, ASTM D6927 .....................200.00 Marshall ASTM D1559, ASTM D2726 ...................................200.00 Measured Maximum Specific Gravity of Mix, ASTM D2041,
Rice Method, each ............................................................95.00 Void Analysis of Cores or Marshall Specimens,
Calculations Only, ASTM D3203, set of 2 or 3 ...................60.00 Laboratory Mixing of Asphalt & Concrete, per sample .............75.00 Complete Asphalt Concrete Mix Design
Hveem or Marshall ...................................................... By Quote Extraction of Asphalt and Gradation, ASTM D2172, Method B, or California 310, including ash correction, each .............210.00 Extraction of Rubberized Asphalt & Gradation, each .............250.00 Specific Gravity, ASTM D2726 or ASTM D1188
Uncoated ...........................................................................95.00 Coated .............................................................................105.00 Immersion-Compression .......................................................400.00 Particle Coating, ASTM D2489 ...............................................60 .00 Stripping, ASTM D1664 ..........................................................70.00 Moisture or Volatile Distillates in Paving Mixtures, or Materials Containing Petroleum Products or
By-Products .....................................................................220.00 Retained Strength, ASTM D1074/D1075, 6 specimens ..... By Quote Retained Stability, Mil, Std, 520A, Method 104,
6 specimens ................................................................ By Quote CBR, ASTM D1883, including M/D Curve, 1 point ................350.00 Asphalt Temperature ...............................................................15.00 STRUCT
URAL STEEL
Tensile Test #9 Bar or Smaller, each ......................................6 0.00 Bend Test #9 Bar or Smaller, each .........................................6 0.00 Tensile Test #10 Bar or Greater, each ..................................280.00 Tensile Test #14 Bar, each ...................................................310.00 Rebar Coupler Tensile Test ..................................................100.00 Tensile Test, Welded #9 Bar or Smaller, each ......................100.00 Tensile Test, Welded #10 Bar or Greater, each ....................280.00 Tensile Test, Welded #14 Bar, each .....................................310.00 Tensile Test, Mechanically Spliced, #9 Bar or Smaller,
each ................................................................................180.00 Tensile Test, Mechanically Spliced, #10 Bar or Greater, each ................................................................................350.00 HIGH S
TRENGTH BOLT, NUT, AND WASHER TESTING
Wedge Tensile Test, A490 Bolts
Under 100,000 lbs., each ..................................................6 5.00 Over 100,000 lbs., each ....................................................7 5.00 Wedge Tensile Test, A325 Bolts
Under 100,000 lbs., each ..................................................7 0.00 Tensile Test, Anchor Bolts, tested with displacement
transducers, each ............................................................300.00 Nut Hardness, Proof & Cone Proof Load Test, each ...............50.00 Washer Hardness, each ..........................................................40 .00 A325 or A490, Bolt Hardness Only, each ................................40.00 Bolt A325 or A490 Wedge Tensile
Under 100,000 lbs. & Hardness, each ...............................90.00 Over 100,000 lbs. & Hardness, each ...............................10 0.00 Bolt, Nut & Washer, all tests per set with bolts
Under 100,000 lbs. ..........................................................300.00 Over 100,000 lbs. ............................................................380.00 See Schedule of Fees – Geotechnical Laboratory Testing for soil testing. Hourly rates are available upon request. Field Laboratory rates are available upon request. Listed unit rates are based upon the assumption that samples will be delivered to our laboratory at no cost to Converse.
Regular City Council Meeting - May 15, 2025