Tuesday, May 23, 2023
Regular Meeting –
5:00 PM
The City Clerk/Agency/Authority Secretary hereby declares the agenda was posted by 5:00 p.m. on
May 19, 2023
at the main entrance to the Lancaster City Hall
44933 Fern Avenue, Lancaster, CA 93534
LEGISLATIVE BODY
City Council/Successor Agency/Financing/Power/California Choice Energy Authority Mayor/Chair R. Rex Parris
Vice Mayor/Vice Chair Marvin Crist
Council Member/Agency Director/Authority Darrell Dorris Council Member/Agency Director/Authority Member Raj Malhi Council Member/Agency Director/Authority Member Ken Mann
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 05/23/2023
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AGENDA ITEMS TO BE REMOVED
Sometimes
it
is
necessary
to
remove
items
from
the
agenda.
We
apologize
for
any
inconvenience
this
may cause you.
PUBLIC BUSINESS FROM THE FLOOR - AGENDIZED ITEMS
Any
person
who
would
like
to
address
the
Legislative
Bodies
on
any
agendized
item
is
requested
to
complete
a
speaker
card
for
the
City
Clerk/Agency/Authority
Secretary
and
identify
the
agenda
item
you
would
like
to
discuss.
Each
person
will
be
given
an
opportunity
to
address
the
Legislative
Body
at
the
time
such
item
is
discussed.
Speaker
cards
are
available
at
the
rear
of
the
Council
Chambers
and
your
speaker
card
must
be
filled
out
prior
to
the
agenda
item
being
called.
We
respectfully
request
that
you
fill
the
cards
out
completely
and
as
clearly
as
possible.
Following
this
procedure
will
allow
for
a
smooth
and
timely
process
for
the
meeting
and
we
appreciate
your
cooperation.
Individual speakers are limited to three (3) minutes each.
Consent
Calendar
items
under
the
Legislative
Body
may
be
acted
upon
with
one
motion,
a
second
and
the
vote.
If
you
desire
to
speak
on
an
item
or
items
on
the
Consent
Calendar,
you
may
fill
out
one
speaker
card
for
the
Consent
Calendar.
You
will
be
given
three
minutes,
unless
a
different
time
limit
is
announced,
to
address
your
concerns
before
the
Legislative
Body
takes
action
on
the
Consent
Calendar.
CALL TO ORDER
City Council/Successor Agency/Financing/Power/California Choice Energy Authority
ROLL CALL
City Council Members /Agency Directors /Authority Members: Dorris, Malhi, Mann; Vice Mayor/ Vice Chair Crist, Mayor/Chair Parris
INVOCATION
Jeff Munive, Grace Reformed Church
PLEDGE OF ALLEGIANCE
PRESENTATIONS
1. CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 05/23/2023
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COUNCIL ACTIONS
CONSENT CALENDAR
Presentation of Scholarship Awards for Earth Day Coloring Contest Presenters: Mayor R. Rex Parris & Jason Caudle, City Manager
2. Lancaster Juneteenth Celebration
Presenter: Jason Caudle, City Manager
CC 1.
Waive
further
reading
of
any
proposed
ordinance.
(This
permits
reading
the
title
only
in
lieu
of reciting the entire text.)
CC 2.
Approve
the
City
Council/Successor
Agency/Housing/Financing/Power/California
Choice
Energy Authority Regular Meeting Minutes of May 09, 2023.
CC 3.
Check Registers – April 23, 2023, through May 6, 2023
Recommendation(s):
Approve
the
Check
and
Wire
Registers
for
April
23,
2023,
through
May
6,
2023,
in
the
amount of $8,566,185.48 as presented.
At
each
regular
City
Council
Meeting,
the
City
Council
is
presented
with
a
check
and
ACH/wire
registers
listing
the
financial
claims
(invoices)
against
the
City
for
the
purchase
of
materials,
supplies,
services,
and
capital
projects
issued
the
prior
three
to
four
weeks.
This
process
provides
the
City
Council
the
opportunity
to
review
the
expenditures
of
the
City.
Claims
are
paid
via
checks,
Automated
Clearing
House
(ACH)
payments,
or
federal
wires.
The
justifying
backup
information
for
each
expenditure
is
available
in
the
Finance
Department.
CC 4.
2023 RapidView: IBAK CCTV Truck Acquisition
Recommendation(s):
1. Approve
the
purchase
of
one
(1)
2023
RapidView:
IBAK
CCTV
Truck,
utilizing
Sourcewell
Cooperative
Purchasing
Contract
awarded
to
RapidView,
LLC
via
Jack
Doheny
Company an authorized vendor.
2. Authorize
the
City
Manager,
or
his
designee,
to
sign
all
documents
and
approve
up
to
15%
price fluctuation due to vehicle availability at the time of order.
To
support
the
Transportation
division's
continuing
effort
to
update
the
fleet,
this
acquisition
will
replace
the
existing
CCTV
truck,
a
2010
Ford
E450
(EQ
3989)
used
by
the
Utilities
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 05/23/2023
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Services
division
for
general
City
for
sanitary
sewer
and
storm
drain
condition
assessment.
These
existing
CCTV
has
reached
the
end
of
its
useful
operating
life.
The
CCTV
truck
will
be
auctioned
via
an
approved
City
program,
and
the
revenues
from
this
auction
will
fund
additional fleet replacements.
CC 5.
Approval
of
Agreement
for
Design
Services
for
Avenue
M
At-Grade
Crossing
(Reference
PWCP 23-001)
Recommendation(s):
Approve
a
Professional
Services
Agreement
with
Kimley-Horn
and
Associates,
Inc.,
of
Los
Angeles,
California,
to
provide
Design
Services
for
Avenue
M
At-Grade
Crossing
in
the
amount
of
$922,651.29,
with
a
10%
contingency;
and
authorize
the
City
Manager,
or
his
designee, to sign all documents.
This
Section
130
project
is
a
combined
effort
of
improvements
between
the
City
of
Lancaster
and
the
Railroads.
Each
Agency
is
contracted
separately
with
Caltrans
for
funding
and
is
responsible
for
its
portion
of
the
improvements.
The
City
of
Lancaster
is
responsible
for,
and
will
lead
the
civil
improvements,
including
but
not
limited
to,
grading,
roadways,
sidewalks,
curb
ramps,
pedestrian
channelization,
traffic
signals,
street
lighting,
utility
relocation,
traffic
signing,
striping,
and
markings,
etc.
The
Railroads
are
responsible
for
any
railroad
related
improvements and railroad signal work.
CC 6.
Approval
of
Agreement
for
Design
Services
for
Avenue
K
At-Grade
Crossing
(Reference
PWCP 23-002)
Recommendation(s):
Approve
a
Professional
Services
Agreement
with
Kimley-Horn
and
Associates,
Inc.,
of
Los
Angeles,
California,
to
provide
Design
Services
for
Avenue
M
At-Grade
Crossing
in
the
amount
of
$934,391.35,
with
a
10%
contingency;
and
authorize
the
City
Manager,
or
his
designee, to sign all documents.
This
Section
130
project
is
a
combined
effort
of
improvements
between
the
City
of
Lancaster
and
the
Railroads.
Each
Agency
is
contracted
separately
with
Caltrans
for
funding
and
is
responsible
for
its
portion
of
the
improvements.
The
City
of
Lancaster
is
responsible
for,
and
will
lead
the
civil
improvements,
including
but
not
limited
to,
grading,
roadways,
sidewalks,
curb
ramps,
pedestrian
channelization,
traffic
signals,
street
lighting,
utility
relocation,
traffic
signing,
striping,
and
markings,
etc.
The
Railroads
are
responsible
for
any
railroad
related
improvements and railroad signal work.
CC 7.
Approval
of
Agreement
for
Design
Services
for
Avenue
J
At-Grade
Crossing
(Reference
PWCP 24-001)
Recommendation(s):
Approve
a
Professional
Services
Agreement
with
Kimley-Horn
and
Associates,
Inc.,
of
Los
Angeles,
California,
to
provide
Design
Services
for
Avenue
J
At-Grade
Crossing
in
the
amount
of
$935,762.22,
with
a
10%
contingency;
and
authorize
the
City
Manager,
or
his
designee, to sign all documents.
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 05/23/2023
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This
Section
130
project
is
a
combined
effort
of
improvements
between
the
City
of
Lancaster
and
the
Railroads.
Each
Agency
is
contracted
separately
with
Caltrans
for
funding
and
is
responsible
for
its
portion
of
the
improvements.
The
City
of
Lancaster
is
responsible
for,
and
will
lead
the
civil
improvements
including
but
not
limited
to,
grading,
roadways,
sidewalks,
curb
ramps,
pedestrian
channelization,
traffic
signals,
street
lighting,
utility
relocation,
traffic
signing,
striping,
and
markings,
etc.
The
Railroads
are
responsible
for
any
railroad
related
improvements and railroad signal work.
CC 8.
Approval
of
the
purchase
of
Audio,
Visual
and
Digital
Signage
systems
for
Phase
3 of
the
City Hall Remodel
Recommendation(s):
Approve
the
purchase
of
Audio,
Visual
and
Digital
Signage
systems
for
Phase
3 of
the
City
Hall Remodel.
The
City
of
Lancaster
undertook
the
remodeling
of
City
Hall
in
2019.
As
a
part
of
that
effort,
Information
Technology
has
been
tasked
with
modernizing
the
conference
rooms,
huddle
rooms,
break
rooms
and
common
spaces
with
the
latest
audio,
visual
and
digital
signage
solutions.
The
goal
is
for
the
remodeled
facility
to
have
the
best
displays,
sounds
systems
and
software
for
highly
effective
collaboration
both
in
person
and
virtually.
Additionally,
the
new
systems
will
enhance
the
ambiance
and
allow
for
effective
communication
of
city
marketing and messaging.
CC 9.
Zone Change No. 21-03
Recommendation(s):
Adopt
Ordinance
No.
1103
,
amending
the
City
Zoning
Plan
for
approximately
ten
gross
acres
of
land
located
at
the
northwest
corner
of
52 Street
West
and
Avenue
L
(APNs:
3204-
006-036
and
3204-006-037
)
from
Single-Family
Residential,
minimum
lot
size
15,000
square
feet
(R-15,000)
to
Single-Family
Residential,
minimum
lot
size
10,000
square
feet
(R-
10,000), known as Zone Change No. 21-03.
nd
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 05/23/2023
~ 5 ~
NEW BUSINESS
COUNCIL REPORTS
CC 10.
Hydrogen Supply Agreement - Proxima
Recommendation(s):
1. Authorize
the
City
Manager,
or
his
designee,
to
negotiate
and
finalize
the
Hydrogen
Supply
Agreement,
in
substantial
form
presented
to
Council,
between
the
City
of
Lancaster
and
Proxima
H2,
LLC,
a
Delaware
limited
liability
company.
The
agreement
will
cover
the
supply
of
hydrogen
from
a
production
facility
to
be
located
in
the
City
of
Lancaster,
California
(the
"Lancaster
Plant"),
which
is
anticipated
to
begin
production
in the second quarter of 2024.
2. Authorize
the
City
Manager,
or
his
designee,
to
execute
all
documents
and
make
any
adjustments
that
may
be
required.
This
includes
(i)
non-substantive
changes
that
are
approved
by
the
City
Attorney
and
necessary
to
finalize
the
transaction
and/or
(ii)
changes
needed
to
ensure
compliance
with
all
applicable
laws,
rules,
regulations
and/or
policies.
NB1.
Construction Award of Bid – PWCP 23-014 – 2023 Neighborhood Improvement Project
Recommendation:
1. Award
PWCP
23-014,
2023
Neighborhood
Improvement
Project,
to
Granite
Construction
Company
of
Lancaster,
California,
Base
Bid
Items
in
the
amount
of
$3,391,168.00,
plus
Additive
Alternate
1 (AA1)
Bid
Items
in
the
amount
of
$1,153,645.50,
and
Additive
Alternate
2 (AA2)
Bid
Items
in
the
amount
of
$895,690.00,
plus
a
20%
contingency,
to
repair
and
resurface
approximately
sixteen
and
a
half
(16.5)
lane-miles
of
streets
and
to
install
speed
cushions
at
various
locations,
as
part
of
the
City’s
Pavement
Management
Program
(PMP).
Authorize
the
City
Manager,
or
his
designee,
to
sign
all
documents.
This
contract
is
awarded
to
the
lowest
responsible
bidder
per
California
Public
Contract
Code
Section
22038
(b).
2. Find
that
the
City
has
complied
with
the
California
Environmental
Quality
Act.
A
Notice
of Exemption was filed and posted on March 19, 2021.
The
proposed
project
,
as
part
of
the
City’s
Pavement
Management
Program
(PMP),
will
include
approximately
16.5 lane-miles
of
roadway
repair
and
resurfacing
on
the
neighborhood
bounded
by
10 Street
West,
Lancaster
Boulevard,
Sierra
Highway,
and
Avenue
J.
The
proposed
project
also
includes
the
installation
of
speed
cushions
on
17 Street
East
from
Lancaster
Boulevard
to
Norberry
Street,
17 Street
West
from
Avenue
H-8
to
Avenue
I,
Avenue
J-4
from
25 Street
West
to
Janet
Drive,
Avenue
J-8
from
10 Street
West
to
Date
Ave,
Avenue
J-11
from
Gadsden
Ave
to
Cedar
Ave,
and
Glenraven
Road
from
Avenue
J to Avenue J-8.
CR1.
Council Reports
th
th
th
th
th
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 05/23/2023
~ 6 ~
CALIFORNIA CHOICE ENERGY AUTHORITY
No action required at this time.
LANCASTER HOUSING AUTHORITY
No action required at this time.
LANCASTER FINANCING AUTHORITY
No action required at this time.
LANCASTER POWER AUTHORITY
No action required at this time.
LANCASTER SUCCESSOR AGENCY
No action required at this time.
CITY MANAGER / EXECUTIVE DIRECTOR ANNOUNCEMENTS
CITY CLERK/AGENCY/AUTHORITY SECRETARY ANNOUNCEMENT
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 05/23/2023
~ 7 ~
PUBLIC BUSINESS FROM THE FLOOR - NON-AGENDIZED ITEMS
This portion of the agenda allows an individual the opportunity to address the Legislative Bodies on any item
NOT ON THE AGENDA
regarding City/Agency/Authority business and speaker cards must be submitted
prior
to the beginning of this portion of the Agenda. Please complete a speaker card for the City Clerk/Agency/Authority Secretary and identify the subject you would like to address. We respectfully request that you fill the cards out completely and print as clearly as possible. Following this procedure will allow for a smooth and timely process for the meeting and we appreciate your cooperation. State law prohibits the Legislative Body from taking action on items not on the agenda and your matter may be referred to the City Manager/Executive Director.
Individual
Speakers are limited to three (3) minutes each unless a different time limit is announced.
CITY COUNCIL / AGENCY/ AUTHORITY COMMENTS
CLOSED SESSION
1. Conference with Legal Counsel - Anticipated Litigation: significant exposure to litigation pursuant to Government Code Section 54956.9(d) (2) - two potential cases.
2. Conference with Legal Counsel - Anticipated Litigation: consideration of initiation of litigation pursuant to Government Code Section 54956.9(d) (4) - two potential cases.
3. Antelope Valley Groundwater Cases Included Action:
Los Angeles County Waterworks District No. 40 v. Diamond Farming Co. Superior Court of California, County of Los Angeles, Case No. BC325201;
Los Angeles County Waterworks District No. 40 v. Diamond Farming Co. Superior Court of California, County of Kern, Case No. S-1500-CV-254-348; Wm. Bolthouse Farms, Inc. v. City of Lancaster, Diamond Farming Co. v. City of Lancaster, Diamond Farming Co. v. Palmdale Water District
Superior Court of California County of Riverside, consolidated actions; Case Nos.
RIC 353 840, RIC 344 436, RIC 344 668
4. Ramos v Patino, LASC Case No. MC027974
5. Rahier v. City of Lancaster, LASC Case No. 19 AVCV00163
6. Brisa Mahoney, et al. v. City of Lancaster, et al., LASC Case No. 2OSTCV02556
7. Manzo v. Beazer Homes Holdings, LLC et al., LASC Case No. 20 AVCV00297
8. Hernandez v. County of Los Angeles, et al., LASC Case No. 20 AVCV00318
9. Romines v. City of Lancaster, et al,, LASC Case No. 20 AVCV00345
10. Moujan v. City of Lancaster et al., LASC Case No. 20 AVCV00205
11. Davis v. State of California, LASC Case No. 19 AVCV00805
12. Lancaster v. Netflix, et al., LASC 21STCV01881
13. Butts v. Lancaster, LASC 21STCP00389
14. Lancaster v. Rives
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 05/23/2023
~ 8 ~
15. Myesha Lopez, et al. v. County of Los Angeles, et al. CDCA Case No. 5:21-cv-00290- JGB(SHKx)
16. Ortiz v. Lancaster, LASC Case No. 21 AVCV00001
17. Aijala v. Lancaster, LASC Case No. 21STCV07841
18. Gardner v. Dominoids, LASC Case No. 21 AVCV00186
19. Evans v. Lancaster, LASC Case No. 21 AVCV00145
20. Bojorquez v. Lancaster, LASC Case No. 20 AVCV00894
21. Arkey v. Lancaster, LASC Case No.20 AVCV00816
22. Perez v. Lancaster, LASC Case No. 20 AVCV00589
23. Serrano v. Los Angeles County et al. LASC Case No. 21 AVCV00562
24. Jackson v. RE Schultz Construction et al. LASC Case No. 21 AVCV00863
25. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 3123-009-029
Agency negotiators: Allison Burns, Mike Livingston
Negotiating parties: Roger W. Pannier, Trustee of the Roger W. Pannier Revocable Trust, established April 25, 1988 as to an undivided ½ interest and Lorraine Prater, Trustee of the Prater Family Trust dated February 23, 1987, Lorraine Prater, Trustee of the Lorraine Alice Prater Survivors Trust dated October 8, 1993, Brian Lee Prater, Niel Howard Prater and Lloyd Bruce Prater, as their respective interest appear of record as to the remaining 1/2 interest
Under negotiation: Price and terms of payment
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 3123-009-035
Agency negotiators: Allison Burns, Mike Livingston
Negotiating parties: Gholwan Mechammil and Insaf Mechammil, husband and wife as joint tenants
Under negotiation: Price and terms of payment
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 3125-021-002
Agency negotiators: Allison Burns, Mike Livingston
Negotiating parties: Ukani Enterprise Inc., a California Corporation Under negotiation: Price and terms of payment
26. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APNs 3123-001-062 and 3123-004-045
Agency negotiators: Trolis Niebla and Allison Burns
Negotiating parties: HD Development of Maryland Inc.,
Under negotiation: price and terms of payment
Property: APN 3123-003-099
Agency negotiators: Trolis Niebla and Allison Burns
Negotiating parties: Tane, LLC
Under negotiation: price and terms of payment
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 05/23/2023
~ 9 ~
Property: APN 3123-003-100
Agency negotiators: Trolis Niebla and Allison Burns
Negotiating parties: The James Owen Fourr 2018 Revocable Trust Under negotiation: price and terms of payment
Property: APNs 3123-004-037 and 3123-004-038
Agency negotiators: Trolis Niebla and Allison Burns
Negotiating parties: Palmdale Grand Plaza, LLC
Under negotiation: price and terms of payment
Property: APN 3123-004-048
Agency negotiators: Trolis Niebla and Allison Burns
Negotiating parties: Palmdale Grand Plaza, LLC
Under negotiation: price and terms of payment
Property: APN 3123-004-047
Agency negotiators: Trolis Niebla and Allison Burns
Negotiating parties: Crowne Point Equity, LLC
Under negotiation: price and terms of payment
Property: APN 3123-012-902
Agency negotiators: Trolis Niebla and Allison Burns
Negotiating parties: Lancaster School District
Under negotiation: price and terms of payment
Property: APNs 3123-016-004 and 3123-016-005
Agency negotiators: Trolis Niebla and Allison Burns
Negotiating parties: J-4 Development LLC
Under negotiation: price and terms of payment
Property: APN 3123-016-085
Agency negotiators: Trolis Niebla and Allison Burns
Negotiating parties: The Randall H. Kaufman 1998 Trust
Under negotiation: price and terms of payment
ADJOURNMENT
Next Regular Meeting:
June 13, 2023 at 5:00 PM
MEETING ASSISTANCE INFORMATION
In
compliance
with
the
Americans
with
Disabilities
Act,
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please
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CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 05/23/2023
~ 10 ~
AGENDA ADDENDUM INFORMATION
On
occasion
items
may
be
added
after
the
agenda
has
been
mailed
to
subscribers.
Copies
of
the
agenda
addendum
item
will
be
available
at
the
City
Clerk
Department
and
are
posted
with
the
agenda
on
the
windows
of
the
City
Council
Chambers.
For
more
information,
please
call
the
City
Clerk
Department at (661) 723-6020.
All documents available for public review are on file with the City Clerk Department.
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY REGULAR MEETING AGENDA – TUESDA Y, 05/23/2023
~ 11 ~
CC 2
05/23/23
JC
Tuesday, May 09, 2023
CALL TO ORDER
Mayor Parris called the meeting of the Lancaster City Council/Successor Agency/ Financing/ Power/California Choice Energy Authority to order at 5:00 p.m.
ROLL CALL
PRESENT: City Council Members /Agency Directors /Authority Members: Dorris, Malhi, Mann; Vice Mayor/Vice Chair Crist, Mayor/Chairman Parris
ROLL CALL
PRESENT: Lancaster Housing Authority Members: Malhi, Mann; Vice Chair Crist ABSENT: Lancaster Housing Authority Member: Harvey, Chair Szeto STAFF MEMBERS:
City Manager/Executive Director; Assistant City Manager/Deputy Executive Director; City Attorney/Agency/Authority Counsel; City Clerk/Agency/Authority Secretary; Assistant to the City Manager; Real Estate & Economic Development Senior Manager; Public Works Director, Community Development Director, Assistant Director-Parks, Recreation, Arts, & Community Services
INVOCATION
Council Member Darrell Dorris
PLEDGE OF ALLEGIANCE
Council Member Malhi
PRESENTATIONS
1. Recognition of the Antelope Valley High School Engineering Academy and Edison Scholar
Presented by: Mayor R. Rex Parris & Jason Caudle, City Manager
2. 2023 Economic Development Week
LANCASTER CITY COUNCIL/ SUCCESSOR AGENCY/HOUSING
FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY
MINUTES
May 09, 2023
2 Presented by: Chenin Dow, Assistant Director-Economic Development & Real Estate
HA 1. HOUSING AUTHORITY-PUBLIC HEARING
Vice Chair Crist opened the public hearing.
Chenin Dow, Assistant Director-Economic Development & Real Estate and Chris Aune Housing Manager-Real Estate and Economic Development presented the staff report on this item.
Vice Chair Crist closed the public hearing.
On a motion by Housing Authority Member Mann and seconded by Housing Authority Malhi, the Lancaster Housing Authority 1). Declared the following Housing Authority- owned property as “exempt surplus land” pursuant to Government Code Section 54221(f)(1)(F)(i): 2). Adopted Resolution No. HA 2-23, approving the Disposition and Development Agreement, accepting the Health and Safety Code Section 33433 Report, and making certain findings pursuant to Health and Safety Code 33433. 3). Authorized the Executive Director, or his designee, to execute all related documents, by the following vote: 3-0-0-2; AYES: Malhi, Mann, Crist; NOES: None; ABSTAIN: None; ABSENT:
Harvey, Szeto
CONSENT CALENDAR
Mayor Parris, Council Member Mann, and Council Member Malhi stated that they needed to recuse themselves from item number CC 7 due to property owned within proximity to the project.
Allison Burns, City Attorney advised that Council Member Malhi may vote on item based on the rule of necessity.
Council Member Mann stated that he would need to recuse himself from item number CC 10 due to property owned within proximity to the project.
On a motion by Vice Mayor Crist and seconded by Council Member Mann, the City Council approved the Consent Calendar as comprised pulling item numbers CC 7 and CC 10 for separate discussion, by the following vote: 5-0-0-0; AYES: Dorris, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: None
Council Member Mann left the dais at this time.
LANCASTER CITY COUNCIL/ SUCCESSOR AGENCY/HOUSING
FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY
MINUTES
May 09, 2023
3 On a motion by Vice Mayor Crist and seconded by Council Member Malhi, the City Council approved item number CC 7 as comprised, by the following vote: 4-0-1-0; AYES:
Dorris, Malhi, Crist, Parris; NOES: None; ABSTAIN: Mann; ABSENT: None Vice Mayor Parris left the dais at this time.
On a motion by Vice Mayor Crist and seconded by Council Member Dorris, the City Council approved item number CC 10 as comprised, by the following vote: 3-0-2-0; AYES: Dorris, Malhi, Crist; NOES: None; ABSTAIN: Mann, Parris; ABSENT: None Mayor Parris and Council Member Mann returned to the dais.
CC 1. ORDINANCE WAIVER
Waived further reading of any proposed ordinance. (This permits reading the title only in lieu of reciting the entire text.)
CC 2. MINUTES
Approved the City Council/Successor Agency/Financing/Power/California Choice Energy Authority Regular Meeting Minutes of April 11, 2023.
CC 3. CHECK REGISTERS – MARCH 26, 2023, THROUGH APRIL 22, 2023 Approved the Check and Wire Registers for March 26, 2023, through April 22, 2023, in the amount of $8, 266,371.68 as presented.
CC 4.COUNTY SERVICE REQUEST TRACKING SYSTEM (CSRTS) FOR PAVEMENT
PRESERVATION UNDER THE GENERAL SERVICES AGREEMENT BETWEEN THE
CITY OF LANCASTER AND THE LOS ANGELES COUNTY DEPARTMENT OF
PUBLIC WORKS
1. Approved County Service Request Tracking System (CSRTS) Work Order No. 270601, for 110th Street West to Avenue F to Avenue J, in the amount of $35,600.00, No. 270604, for Johnson Road to Elizabeth Lake Road to Avenue J project, in the amount of $255,361.00, and No. 270605, for 90th Street West to Avenue G to Avenue J project in the amount of $542,661.00. Under the General Services Agreement dated July 1, 2022, with the County of Los Angeles, for a total amount of $833,622.00 for the County to procure work involving pavement preservation within City of Lancaster right-of-way.
2. Authorized the City Manager, or his designee, to sign all documents CC 5. CONSTRUCTION AWARD OF BID - PWCP 23-010 SIERRA HIGHWAY
RESURFACING
LANCASTER CITY COUNCIL/ SUCCESSOR AGENCY/HOUSING
FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY
MINUTES
May 09, 2023
4 1. Awarded PWCP 23-010, Sierra Hwy Resurfacing, to R.C. Becker & Son, Inc. of Santa Clarita, California, in the amount of $1,259,736.64 plus a 20% contingency, to repair and resurface approximately two and a half (2.5) lane-miles of streets, as part of the City’s Pavement Management Program (PMP). Authorized the City Manager, or his designee, to sign all documents. This contract is awarded to the lowest responsible bidder per California Public Contract Code Section 22038 (b).
2. Found that the City has complied with the California Environmental Quality Act. A Notice of Exemption was filed on January 31, 2019
CC 6. FINAL MAP APPROVAL – TRACT MAP NO. 61248 (LOCATED AT THE SOUTHWEST CORNER OF AVENUE J AND 35TH STREET EAST)
1. Approved the map and accepted the dedications as offered on Tract Map No. 61248 located at the southwest corner of Avenue J and 35thth Street East; made findings that this project will not violate any of the provisions of Sections 66473.5, 66474.1 and 66474.6 of the Subdivision Map Act; and instructed the City Clerk to endorse on the face of the map the certificate which embodies the approval of said map and the dedications shown thereon.
2. Found that the City has complied with the California Environmental Quality Act. An Initial Study (IS) was prepared and a Notice of Determination (NOD) was filed on May 14, 2021.
CC 7. TASK ORDER FOR MULTI-YEAR PROFESSIONAL SERVICES (SERVICE GROUP CATEGORY 1 - ROADWAY AND STRUCTURES ENGINEERING) DESIGN
SERVICES FOR LANCASTER HEALTH DISTRICT (FORMERLY MEDICAL MAIN STREET), PROJECT ID# F9131 (REFERENCE PWCP 20-006)
Approved Ninth Revised Task Order No. 6 involving additional design services with Kimley-Horn and Associates, Inc., (KHA) of Los Angeles, California, in accordance with the Multi-Year Professional Services Agreement for Lancaster Health District (formerly Medical Main Street) Design Services in the amount of $457,222.27, with an additional $150,000.00 contingency; and authorized the City Manager, or his designee, to sign all documents.
CC 8. APPROVAL FOR ANNUAL REPORT FOR THE DOWNTOWN LANCASTER
PROPERTY AND BUSINESS IMPROVEMENT DISTRICT
Received and filed the Downtown Lancaster Property and Business Improvement District (PBID) Annual Report for 2022 submitted by The BLVD Association.
LANCASTER CITY COUNCIL/ SUCCESSOR AGENCY/HOUSING
FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY
MINUTES
May 09, 2023
5 CC 9. RESOLUTION DESIGNATING HEARING OFFICER TO HEAR APPEALS OF
BUSINESS LICENSE DENIALS, SUSPENSIONS, IMPOSITION OF CONDITIONS AND REVOCATIONS.
Adopted Resolution No. 23-24, designating an independent hearing officer to hear appeals of the denial, suspension, imposition of conditions or revocation of all business licenses.
CC 10.CONSTRUCTION AWARD OF BID – PWCP 23-016 - AMARGOSA CREEK
CHANNEL CULVERT IMPROVEMENTS
1. Approved an appropriation of $500,000.00 from Fund Balance into Account No. 484 17CB006 924, for the Amargosa Creek Channel Culvert Improvements.
2. Awarded PWCP 23-016, Amargosa Creek Channel Culvert Improvements, to LNA Concrete Structures, Inc. of Chino Hills, California, in the amount of $972,830.00 plus a 20% contingency, to install trash racks and gates within the Amargosa Creek Channel on both sides of 20th Street West and Avenue J-8 culverts. Authorized the City Manager, or his designee, to sign all documents. This contract was negotiated and awarded per California Public Contract Code Section 22038(c).
3. Found that the City has complied with the California Environmental Quality Act. A Notice of Exemption was filed on March 10, 2023.
CC 11.AMENDMENT NO. 1 TO AGREEMENT FOR CANNABIS CONSULTING & SUPPORT SERVICES TO GLOBAL GO, LLC.
1. Approved agreement amendment for Cannabis Consulting and Support Services to Global Go, LLC. in the amount of $65,000 with an option for 15% contingency.
2. Authorized the City Manager, or his designee, to sign all documents.
3. Found that this item is not a project under the California Environmental Quality Act.
CC 12.APPROVAL OF PROFESSIONAL SERVICE AGREEMENT FOR
ARCHITECTURAL AND ENGINEERING (A/E) DESIGN SERVICES FOR MARIPOSA PARK IMPROVEMENTS (REFERENCE PWCP 23-008)
1. Approved a Professional Services Agreement with IDS Group, of Irvine, California, to provide Architectural and Engineering (A&E) Design Services for Mariposa Park
LANCASTER CITY COUNCIL/ SUCCESSOR AGENCY/HOUSING
FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY
MINUTES
May 09, 2023
6 Improvements in the amount of $216,821.00 plus a 10% contingency; and authorized the City Manager, or his designee, to sign all documents.
2. Found that the approval of an Agreement is not a project under California Environmental Quality Act (CEQA) Guideline Section 15378(b)(5) (CCR, Title 4, Chapter 3, Article 20).
CC 13.MARIPOSA PARK JOINT LAND USE AMENDMENT WITH THE
LANCASTER SCHOOL DISTRICT
1. Approved the Joint Land Use amendment between the Lancaster School District (Lessor) and the City of Lancaster (Lessee) for land use at Mariposa Park.
2. Authorized the City Manager or his designee to sign, in substantially the form attached, with non-substantive changes approved by the City Attorney.
CC 14.RESOLUTION TO AUTHORIZE SUBMITTAL OF APPLICATION FOR STATEWIDE LAND AND WATER CONSERVATION FUND (LWCF) GRANT – EL
DORADO PARK
Adopted Resolution No. 23-25, approving the application and availability of matching funds for the Statewide Park Land and Water Conservation Fund (LWCF) Grant.
CC 15.RESOLUTION TO AUTHORIZE SUBMITTAL OF APPLICATION FOR STATEWIDE LAND AND WATER CONSERVATION FUND (LWCF) GRANT – AVE J
NEIGHBORHOOD PARK
Adopted Resolution No. 23-26, approving the application and availability of matching funds for the Statewide Park Land and Water Conservation Fund (LWCF) Grant.
CC 16. PROFESSIONAL SERVICES AGREEMENT – COMMUNITY COALITION OF
ANTELOPE VALLEY
1. Approved the appropriation of $339,920 in grant funds from the California Public Utilities Commission to Revenue Account No.: 349-3315-000 and corresponding Expense Account No.: 349-4200-770.
2. Approved a Professional Services Agreement with the Community Coalition of the Antelope Valley in the amount of $339,920. Authorized the City Manager, or his designee, to sign all documents.
3. Found that this item is not a project pursuant to the California Environmental Quality Act.
LANCASTER CITY COUNCIL/ SUCCESSOR AGENCY/HOUSING
FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY
MINUTES
May 09, 2023
7 CC 17.MARIPOSA PARK JOINT LAND USE AMENDMENT WITH THE
LANCASTER SCHOOL DISTRICT
1. Approved the Joint Land Use amendment between the Lancaster School District (Lessor) and the City of Lancaster (Lessee) for land use at Mariposa Park.
2. Authorized the City Manager or his designee to sign, in substantially the form attached, with non-substantive changes approved by the City Attorney.
CC 18.RESOLUTION APPROVING THE ADOPTION OF THE DEFINED BENEFIT
PLATFORM PROPOSED BY SHUSTER ADVISORY GROUP, LLC
City Council adopted Resolution 23-27, approving the adoption of a new Defined Benefit platform for the City of Lancaster Supplemental Defined Benefit Retirement Plan and related Governmental Excess Benefit Arrangement, and the discontinuance of the Public Agency Retirement System’s (PARS) PARS Retirement Enhancement Plan (REP) and PARS City of Lancaster Excess Benefit Plan and the related Trusts.
CC 19.RESOLUTION APPROVING THE ADOPTION OF THE MULTIPLE EMPLOYER OPEB/PENSION 115 TRUST ADMINISTERED BY SHUSTER
ADVISORY GROUP, LLC
Staff recommends City Council adopted Resolution 23-28 approving the adoption of the Multiple Employer OPEB/Pension 115 Trust administered by Shuster Advisory Group and the discontinuance of the City’s current participation in the California Employers’ Retiree Benefit Trust (CERBT) administered by California Public Employee’s Retirement System (CalPERS).
PH 1. ZONE CHANGE NO. 21-03
Mayor Parris opened the public hearing.
Cynthia Campana, Senior Planner-Community Development presented the staff report on this item.
Addressing the Council at this time:
Frank Sereseres- inquired about this item.
Mayor Parris closed the public hearing
LANCASTER CITY COUNCIL/ SUCCESSOR AGENCY/HOUSING
FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY
MINUTES
May 09, 2023
8 On a motion by Vice Mayor Crist and seconded by Council Member Mann, the City Council, introduced Ordinance No. 1103, amending the City Zoning Plan for approximately ten gross acres of land located at the northwest corner of 52nd Street West and Avenue L (APNs: 3204-006-036 and 3204-006-037) from Single-Family Residential, minimum lot size 15,000 square feet (R-15,000) to Single-Family Residential, minimum lot size 10,000 square feet (R-10,000), known as Zone Change No. 21-03, by the following vote: 5-0-0-0; AYES: Dorris, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: None
PH 2. ADOPTION OF THE CITY OF LANCASTER’S COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) AND HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) 2023-2024 PROGRAM YEAR (PY) ACTION PLAN
Mayor Parris opened the public hearing.
Real Estate and Economic Development staff provided the staff report on this item.
Discussion among Council included ability to use funds to provide resources to assist with infant mortality rate issues.
Addressing the Council at this time:
A. Duncan Sr.- discussed wanting more information on how to apply for funds for beneficial programs.
Bishop Charles Heller-discussed receiving information about how to apply for funds to use for potential programs such as afterschool programs.
Vice Mayor Crist directed staff to provide workshops for the public to understand the bid process for City projects.
Mayor Parris closed the public hearing.
On a motion by Vice Mayor Crist and seconded by Council Member Mann, the City Council a). Approved and adopted the CDBG and HOME Action Plan for the 2023-2024 PY to be submitted to the United States Department of Housing and Urban Development (HUD) b). Appropriated $1,463,022 from PY 2023-2024 CDBG Funds. c). Appropriated $724,611 from PY 2023-2024 HOME Funds. d). Provided City Staff with a methodology for distributing funds should the City’s 2023-2024 CDBG and HOME annual allocations increase or decrease from the amounts reported above. e). Authorized the City Manager or designee to execute all contracts and associated documents, including subrecipient
LANCASTER CITY COUNCIL/ SUCCESSOR AGENCY/HOUSING
FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY
MINUTES
May 09, 2023
9 agreements, subject to City Attorney approval, by the following vote: 5-0-0-0; AYES:
Dorris, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: None CPH1. RENEWAL OF THE DOWNTOWN LANCASTER PROPERTY AND BUSINESS
IMPROVEMENT DISTRICT (DLPBID), APPROVAL OF THE ASSESSMENT
FORMULA AND LEVY OF THE ASSESSMENTS
Mayor Parris reopened the public hearing.
Chenin Dow, Assistant Director-Real Estate and Economic Development presented the staff report on this item.
Addressing the Council at this time:
Fran Sereseres-inquired about housing locations.
Mayor Parris closed the public hearing.
At this time, City staff tallied received ballots for this project.
Allison Burns, City Attorney announced the Downtown Lancaster Property and Business Improvement District (DLPBID) results stating that there was a total of a seventy-eight point six (78.6%) in favor and twenty-one point four (21.4%) opposed. No majority protests. Majority carried.
On a motion by Vice Mayor Crist and seconded by Council Member Malhi, the City Council 1). Adopted Resolution No. 23-29, renewing the Downtown Lancaster Property- Based Improvement District (DLPBID), approving the assessment formula, and levying the assessments through a weighted majority of the votes cast in the DLPBID ballot process in favor of the renewal of the DLPBID. 2). Adopted Ordinance No. 1102, amending Chapter 14 of the Lancaster Municipal Code, and renewing the Downtown Lancaster Property and Business Improvement District. by the following vote: 5-0-0-0; AYES: Dorris, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT:
None
JPH1. CONSIDERATION FOR APPROVAL OF ACTIONS IN CONNECTION WITH
LANCASTER HOUSING AUTHORITY-OWNED PARCELS RELATED TO
COMPLIANCE WITH THE SURPLUS LAND ACT AND APPROVAL OF A
DISPOSITION AND DEVELOPMENT AGREEMENT WITH HABITAT OF HUMANITY OF GREATER LOS ANGELES.
LANCASTER CITY COUNCIL/ SUCCESSOR AGENCY/HOUSING
FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY
MINUTES
May 09, 2023
10 Mayor Parris opened the public hearing on behalf of the City Council.
Vice Chair Crist opened the public hearing on behalf of the Lancaster Housing Authority.
Chris Aune, Housing Manager-Real Estate and Economic Development presented the staff report on this item.
On a motion by Vice Mayor Crist and seconded by Council Member Dorris, the City Council 1). Declared the following Housing Authority-owned property as “exempt surplus land” pursuant to Government Section Code 54221(f)(1)(F)(i): 2). Adopted Resolution No. 23-30, approving the Disposition and Development Agreement (DDA), accepting the Health and Safety Code Section 33433 Report, and making certain findings pursuant to Health and Safety Code 33433. 3). Authorized the City Manager or his designee to execute all related documents, by the following vote: 5-0-0-0; AYES: Dorris, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: None On a motion by Housing Authority Member Mann and seconded by Housing Authority Member Malhi, the Lancaster Housing Authority 1). Declare the following Housing Authority-owned property as “exempt surplus land” pursuant to Government Code Section 54221(f)(1)(F)(i): 2). Adopted Resolution No HA 3-23, approving the Disposition and Development Agreement, accepting the Health and Safety Code Section 33433 Report, and making certain findings pursuant to Health and Safety Code 33433. 3). Authorized the Executive Director his designee to execute all related documents.: 3-0- 0-2; AYES: Malhi, Mann, Crist; NOES: None; ABSTAIN: None; ABSENT: Harvey, Szeto
NB1. AWARD RFP TO KIDS’ CORNER PRESCHOOL, RFP # 790-23, PRESCHOOL
SERVICES
Ramon Galo, Assistant Director of Parks, Arts, Recreation, & Community Services and Melissa Varela, Manager-Community Services presented the staff report on this item.
Giovanni Christon-Pope, Chair of Social Equity Commission provided a presentation on this item.
On a motion by Vice Mayor Crist and seconded by Council Member Malhi, the City Council, (a). Awarded RFP #790-23, Preschool Services, to Kids’ Corner Preschool of Lancaster, California, in the amount of $156,600 to provide preschool services. (b).
Authorized the City Manager or designee to execute all contracts and associated documents, subject to City Attorney approval, by the following vote: 5-0-0-0; AYES:
Dorris, Malhi, Mann, Crist, Parris; NOES: None; ABSTAIN: None; ABSENT: None
LANCASTER CITY COUNCIL/ SUCCESSOR AGENCY/HOUSING
FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY
MINUTES
May 09, 2023
11 CR1. COUNCIL REPORTS
Vice Mayor Crist reported on transportation needs in the Antelope Valley.
Council Member Dorris reported on the High Desert Corridor’s grant award for the high- speed rail.
Council Member Mann reported on the new changes and success of Monday Night Bitez.
Mayor Parris reported on the Poppy Festival and the Pacific Hydrogen Alliance.
Staff provided a video recap of both the Poppy Festival and the Pacific Hydrogen Alliance signing ceremony.
LANCASTER FINANCING AUTHORITY
No action required at this time.
LANCASTER POWER AUTHORITY
No action required at this time.
LANCASTER SUCCESSOR AGENCY
No action required at this time.
CALIFORNIA CHOICE ENERGY AUTHORITY
No action required at this time.
CITY MANAGER / EXECUTIVE DIRECTOR ANNOUNCEMENTS
Jason Caudle, City Manager reported on the Sprouts Grand Opening event.
Staff provided a video presentation of the Sprouts Grand Opening.
Rod Armalin, Director of Public Safety introduced Chris Roberts the new Assistant Director of Public Safety.
Jason Caudle, City Manager announced the continuation of Monday Night Bitez.
Staff provided a video presentation of the City of Lancaster’s participation on Earth Day.
CITY CLERK /AGENCY/AUTHORITY SECRETARY ANNOUNCEMENT
LANCASTER CITY COUNCIL/ SUCCESSOR AGENCY/HOUSING
FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY
MINUTES
May 09, 2023
12 The City Clerk provided the public with the procedure to address the City Council/Successor Agency/Authority regarding non-agendized items.
PUBLIC BUSINESS FROM THE FLOOR - NON-AGENDIZED ITEMS
Addressing the City Council at this time:
Joe Batwinis- discussed issues and solutions to current bike infrastructure.
Fran Sereseres- discussed issues with ambers created from fireworks show at American Hero’s Park.
Richard G.- discussed issues with neighbor’s code compliance.
David Paul- discussed various issues and inquired about the best solution between hydrogen and Tesla solar.
Shawn Cannon -provided a recap of the City of Lancaster’s accomplishments.
CITY COUNCIL/AGENCY/AUTHORITY COMMENTS
No comments at this time.
ADJOURNMENT
Mayor Parris adjourned the meeting at 6:38 p.m. Mayor Parris stated that the next City Council/Successor Agency/Financing/Power/California Choice Energy Authority meeting will be held on Tuesday, May 23, 2023 at 5:00 p.m.
PASSED, APPROVED and ADOPTED this 23rd day of May, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
LANCASTER CITY COUNCIL/ SUCCESSOR AGENCY/HOUSING
FINANCING/POWER/CALIFORNIA CHOICE ENERGY AUTHORITY
MINUTES
May 09, 2023
13 __________________________ _____________________________ ANDREA ALEXANDER R. REX PARRIS
CITY CLERK MAYOR/CHAIRMAN
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES }ss
CITY OF LANCASTER }
CERTIFICATION OF MINUTES
CITY COUNCIL/SUCCESSOR AGENCY/ HOUSING/FINANCING/ POWER/CALIFORNIA
CHOICE ENERGY AUTHORITY
I, ___________________________, ___________________________ of the City of Lancaster, CA, do hereby certify that this is a true and correct copy of the original City Council/Successor Agency/Housing/Financing/ Power/California Choice Energy Authority Minutes, for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, CA on this _______________ day of ______________________, ____________. (seal)
_____________________________________
STAFF REPORT
City of Lancaster
CC 3
5/23/2023
JC
Date:May 23, 2023
To: Mayor Parris and City Council Members
From:George Harris
Subject:Check Registers – April 23, 2023, through May 6, 2023 Recommendation:
Approve the Check and Wire Registers for April 23, 2023, through May 6, 2023, in the amount of $8,566,185.48 as presented.
Fiscal Impact:
$8,566,185.48 as detailed in the Check Registers.
Background:
At each regular City Council Meeting, the City Council is presented with a check and ACH/wire registers listing the financial claims (invoices) against the City for the purchase of materials, supplies, services, and capital projects issued the prior three to four weeks. This process provides the City Council the opportunity to review the expenditures of the City. Claims are paid via checks, Automated Clearing House (ACH) payments, or federal wires. The justifying backup information for each expenditure is available in the Finance Department.
Check Nos.: 7434126-7434382 $ 5,421,550.86 ACH/Wire Check Nos.: 101011846-101011858 $ 3,144,634.62 $ 8,566,185.48
Voided Check No.: N/A
Voided ACH/Wire No.: N/A
Attachment:
Check Register ACH/Wire Register
City of Lancaster Check Register
From Check No.: 7434126 - To Check No.: 7434382
Printed: 5/9/2023 15:17 From Check Date: 04/23/23 - To Check Date: 05/06/23 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 7434126 10733 ALEXANDER, ANDREA AA-MLG-PLM SPRNG-04/11-14-23 170.17 101 4220256 170.17 7434127 07238 ARANDA, TOM TA-PR DM-PRTLND 04/30-05/03/23 259.00 480 4755200 259.00 7434128 11525 BMW MINI OF MONROVIA TOYOTA MIRAI DEAL#705889 27,381.05 111 4753762 27,381.05 7434129 07556 BROWN, RYAN C RB-PR DM-PRTLND 04/30-05/03/23 259.00 480 4755200 259.00 7434130 C2060 CALIFORNIA WATER SERVICE 03/16/23-04/17/23 WATER SVC 416.32 482 4756654 416.32 7434131 D4457 CARDENAS, ROSA RC-PR DM-OLMPC VLLY 4/30-5/23 333.00 101 4245350 333.00 7434132 D0862 FELKINS, JOHN JF-PR DM-OLMPC VLY 04/30-05/04 333.00 101 4245350 333.00 7434133 11528 GREEN, KEONA RFND-MISC BEV FOR USL MEETING 58.60 101 4200251 58.60 7434134 D0412 KATZ, BRUCE BK-PR DM-PORTLAND 4/30-5/03/23 259.00 480 4755200 259.00 7434135 1215 L A CO WATERWORKS 02/07/23-04/18/23 WATER SVC 17,672.44 101 4622654 71.53 101 4631654 291.19
101 4633654 972.36
101 4634654 2,605.89
203 4756654 5,914.99
482 4756654 7,816.48
17,672.44 17,672.44
7434136 D3151 LNCSTR MUSEUM/PUBLIC ART FNDTN LMPAF SALES/DONATNS-JAN-MAR 23 196.72 101 2102500 180.22 101 2175001 23.41
101 4643235 (3.99)
101 4643235 (2.92)
196.72 196.72
7434137 07984 LOGAN, JUSTIN JL-WORK PANTS REIMBURSMENT 41.19 203 4752220 41.19 7434138 07984 LOGAN, JUSTIN JL-WORK PANTS REIMBURSMENT 81.25 484 4752220 81.25 7434139 11490 LUEVANO, BESSIE BL-MLGE-SAN DIEGO 04/3-04/6/23 252.83 101 4220256 252.83 7434140 11527 NAT'L MULTIPLE SCLEROSIS SOC RFND-TAFFIC CONTROL FEES 543.44 203 4754104 543.44 7434141 A7221 P E R S LONG TERM CARE PROGRAM LONG TERM CARE PREM-PP 09/2023 636.66 101 2170200 636.66 7434142 11486 SCHNEIDER, HENRY HS-LDG-VEGAS 03/27-31/2023 788.41 101 4220256 788.41 7434143 03154 SO CA EDISON 03/15/23-04/18/23 ELECTRIC SVC 802.65 101 4600603 93.62 101 4633652 169.66
101 4636402 25.57
City of Lancaster Check Register
From Check No.: 7434126 - To Check No.: 7434382
Printed: 5/9/2023 15:17 From Check Date: 04/23/23 - To Check Date: 05/06/23 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 203 4754652 86.20
483 4754660 427.60
802.65 802.65
7434144 D0617 STEWART, BENJAMIN BS-PR DM-PRTLND 04/30-5/3/23 259.00 480 4755200 259.00 7434145 10878 TACOS EL SUPERIOR LLC EMPLOYEE ENGAGEMENT 4,134.28 101 4220256 4,134.28 7434146 11217 TERRELL, BRIANNE BT-PR DM-MONTEREY 4/30-5/4/23 333.00 101 4205202 333.00 7434147 11238 TORRES, NATALY NT-PR DM-MONTEREY 4/30-5/4/23 333.00 101 4205202 333.00 7434148 C7500 A B I DOCUMENT SUPPORT SRVCS CLAIM#063-19/CLGL-1407A1 254.42 113 4230303 254.42 CLAIM#063-19/CLGL-1407A1 151.72 113 4230303 151.72 406.14 406.14
7434149 06576 A V CHEVROLET EQ 3340 152.01 111 4753207 152.01 EQ 5721 28.67 111 4753207 28.67
180.68 180.68
7434150 C0077 A V E K LNSC- BAC TESTING 20.00 101 4635301 20.00 7434151 00116 A V ENGINEERING LOT LINE ADJST REVIEW LLA21-04 1,096.20 101 4761301 1,096.20 LOT LINE ADJUSTMENT 23-001 1,190.40 101 4761301 1,190.40 2,286.60 2,286.60
7434152 00107 A V PRESS PAC-02/23-ADS A1 STEP BEATLES 1,135.83 101 4650205 1,135.83 PAC-03/23-ADS GRITZ 1,135.83 101 4650205 1,135.83 03/23- LEGAL ADS 7,107.21 101 4210263 2,777.66 101 4770263 4,329.55
9,378.87 9,378.87
7434153 06294 A V WEB DESIGNS LNSC-04/23-MONTHLY HOSTING CHG 99.95 112 4315301 99.95 04/23-MONTHLY HOSTING CHGS 99.95 112 4315301 99.95 199.90 199.90
7434154 07489 ACCESSO SHOWARE PAC-03/23-TICKET/DONATN SALES 1,677.70 112 4315302 1,677.70 7434155 11478 ADVEXURE LLC DJI MATRICE-SPOTLIGHT 21,182.33 101 4245230 21,182.33 7434156 D3147 AMERICAN PLUMBING SERVICES,INC RDP-REPAIR TOILET WMNS RSTRM 5,337.00 101 4630460 5,337.00 7434157 02693 ANDY GUMP, INC 204 FENCE RENTALS-4/14-5/11/23 33.74 101 4634602 33.74 7434158 08992 ARC DOCUMENT SOLUTIONS LLC LF DOCUMENT SCAN 1,018.16 101 4600301 1,018.16 LF DOCUMENT SCAN 1,200.07 101 4600301 1,200.07 2,218.23 2,218.23
7434159 04446 AUTO PROS EQ 1516 60.00 111 4753207 60.00 EQ 1742 60.00 111 4753207 60.00
120.00 120.00
City of Lancaster Check Register
From Check No.: 7434126 - To Check No.: 7434382
Printed: 5/9/2023 15:17 From Check Date: 04/23/23 - To Check Date: 05/06/23 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 7434160 10908 AUTOMOTIVE PARTS WHOLESALE INC EQ 7511 283.33 111 4753207 283.33 EQ 1525 32.83 111 4753207 32.83
316.16 316.16
7434161 04151 AXES FIRE INC VARIOUS 110.00 111 4753207 110.00 7434162 06799 BRAUN BLAISING SMITH WYNNE PC 03/23 LCE LEGAL MATTERS 495.00 490 4250303 495.00 7434163 11529 BRIGHT PLANET SOLAR RFND-TRANS 1078720 & 1078721 474.00 101 1000000 237.00 101 1000000 237.00
474.00 474.00
7434164 1204 C C M F CCMF 23-24 MEMBERSHIP 400.00 101 4200205 400.00 7434165 00382 CARRIER COMMUNICATIONS 05/23-HAUSER MTN SITE RENT 680.49 101 4245301 680.49 7434166 05612 CAUSEY, PAUL H 03/23 PROFESSIONAL SERVICES 1,703.75 480 4755200 1,703.75 7434167 D2003 CLEAN WATER SOCAL 22/23 ANNUAL MEMBERSHIP DUES 538.00 485 4755206 538.00 7434168 05830 CONVERSE CONSULTANTS CP22003-2022 SMMR PVMNT MNGMNT 216.00 701 12ST047924 216.00 7434169 09256 DAVE BANG ASSOC, INC OF CALIF INSTALL COM CENTER PLAYGROUND 5,065.02 101 4620403 599.99 104 4631402 3,500.00
701 4620754 965.03
5,065.02 5,065.02
7434170 10511 DIAMOND FORD EQ 2386 21.37 111 4753207 21.37 EQ 8028 29.77 111 4753207 29.77
51.14 51.14
7434171 11518 DIGICERT, INC CASH ON ACCOUNT 1014 4,500.00 112 4315301 4,500.00 7434172 11209 DINO, PAUL MEDITATION SVCS 80.00 101 4820301 80.00 7434173 C4190 DOLPHIN RENTS INC POPPY FESTIVAL DEPOSIT 50% 20,210.45 101 4649567 20,210.45 7434174 11454 DRAXXON COMMAND CENTER GENERATION 41,530.00 101 4800301 41,530.00 7434175 09614 ENCOMPASS CONSULTANT GROUP INCCP23025-35TH ST W STRT IMPRV 3,239.25 206 15ST086924 3,239.25 PWCP 23-025 35TH ST W IMP 1,525.00 206 15ST086924 1,525.00 CP23011-35TH ST W STRT IMPRV 20,831.25 206 12ST043924 20,831.25 PWCP 23-016 AMRGOSA CREEK IMP 147.25 101 17CB006924 147.25 25,742.75 25,742.75
7434176 D3240 FASTENAL COMPANY ENVIROMENTAL-JANITORIAL SUPPLY 413.21 101 4754406 66.14 101 4754657 347.07
FLEET-SMALL TOOL SUPPLIES 747.76 111 4753208 4.43 111 4753214 743.33
1,160.97 1,160.97
City of Lancaster Check Register
From Check No.: 7434126 - To Check No.: 7434382
Printed: 5/9/2023 15:17 From Check Date: 04/23/23 - To Check Date: 05/06/23 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 7434177 08441 FRANKLIN TRUCK PARTS INC EQ 3988 244.75 111 4753207 244.75 EQ 3988 96.15 111 4753207 96.15
340.90 340.90
7434178 05822 H & H AUTO PARTS WHOLESALE EQ 8007 45.33 111 4753207 45.33 EQ 8007 70.44 111 4753207 70.44
EQ 3777 64.12 111 4753207 64.12
EQ 6824 41.78 111 4753207 41.78
VARIOUS 85.33 111 4753207 85.33
EQ 3988 39.69 111 4753207 39.69
VARIOUS 59.60 111 4753207 59.60
VARIOUS 18.40 111 4753207 18.40
VARIOUS 120.33 111 4753207 120.33
545.02 545.02
7434179 09341 HILLARD HEINTZE, LLC LAN CA HYBRID IMPLEM 195.00 101 4820301 195.00 7434180 00828 HINDERLITER DE LLAMAS & ASSOC Q2/2022 CONTRACT SERVICES 5,639.56 101 2100000 5,639.56 7434181 09879 IN THE END TRIBUTE POPPY FESTIVAL-DEP-IN THE END 1,500.00 101 4649567 1,500.00 7434182 09083 INT'L BUSINESS MACHINES CORP INNOVATION PLATFORM-OPS/MAINT 369.98 490 4791301 369.98 DB2 ON CLOUD 411.28 490 4791301 411.28
INNOVATION PLATFORM-OPS/MAINT 3,149.32 101 4791308 3,149.32 3,930.58 3,930.58
7434183 D1903 KERN MACHINERY INC-LANCASTER EQ 5655 37.11 111 4753207 37.11 EQ 5849 629.21 111 4753207 629.21
EQ 5850 593.45 111 4753207 593.45
1,259.77 1,259.77
7434184 A6326 L A CO SANITATION DISTRICT 22/23 RECLAIMED WATER SALES 27,904.38 485 4755310 (4,641.54) 485 4755310 1,602.30
485 4755310 30,943.62
27,904.38 27,904.38
7434185 1203 LANCASTER PLUMBING SUPPLY WASHER-HOSE-SPUD 47.21 101 4633403 47.21 7434186 10162 LANDSCAPE CONNECTION GROUP CH-NEW FLOWERS FOR FRONT 3,550.00 101 4633265 3,550.00 7434187 11526 LINDE GAS AND EQUIPMENT INC STARGOLD C25 ARG-CO-2 253.62 111 4753214 253.62 AIR ULTRA ZERO 1,162.66 111 4753214 1,162.66 1,416.28 1,416.28
7434188 11139 LINE-X OF ANTELOPE VALLEY, INC EQ 8031 412.34 111 4753207 412.34 7434189 10643 LOGICALIS INC CH-WIRELESS MERAKI AP 2022 2,710.80 112 4315302 2,710.80 7434190 09439 LOST ANGELS CHILDREN'S PROJECT GOOD LIFE PROGRAM SUPPORT 34,198.67 361 4342782 34,198.67 7434191 10283 LSY ENTERPRISE INC TRAFFIC MGMT CENTER DEVT 480.00 207 11BS027924 141.60
City of Lancaster Check Register
From Check No.: 7434126 - To Check No.: 7434382
Printed: 5/9/2023 15:17 From Check Date: 04/23/23 - To Check Date: 05/06/23 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 321 11BS027924 338.40
TRAFFIC MGMT CENTER DEVT 2,405.00 207 11BS027924 709.47 321 11BS027924 1,695.53
2,885.00 2,885.00
7434192 04365 MARINA GRAPHIC CENTER CM-COMMENDATION FOLDERS(500) 2,019.11 101 4100261 2,019.11 CM-COMMENDATION FOLDERS(500) 2,019.11 101 4100261 2,019.11 4,038.22 4,038.22
7434193 09259 MG ELECTRIC INC RFND- PR 23-006 2,407.00 101 3203100 2,407.00 7434194 01184 MONTE VISTA CAR WASH VARIOUS 95.00 111 4753207 95.00 7434195 08562 NAPA AUTO PARTS EQ 3852 12.46 111 4753207 12.46 EQ 3771 55.15 111 4753207 55.15
EQ 3988 27.25 111 4753207 27.25
EQ 3862 106.84 111 4753207 106.84
EQ 8033 58.75 111 4753207 58.75
EQ 3989 242.72 111 4753207 242.72
EQ 3852 122.43 111 4753207 122.43
EQ 8006 11.03 111 4753207 11.03
EQ 4359 39.20 111 4753207 39.20
EQ 5616 8.72 111 4753207 8.72
EQ 5616 30.19 111 4753207 30.19
EQ 8007 231.28 111 4753207 231.28
EQ 3777 87.69 111 4753207 87.69
EQ 1518 8.59 111 4753207 8.59
EQ 3772 19.02 111 4753207 19.02
EQ 3772 9.14 111 4753207 9.14
1,070.46 1,070.46
7434196 11498 ORLY, COGAN RMBRSEMNT-AIR-05/12-14/23 643.00 101 4653308 643.00 7434197 06636 P & J ELECTRIC INC AVTA/OMP-TRBLSHT WIRING LGHTS 1,742.16 207 4634402 1,742.16 OMP/AVTA-TROUBLESHOOT LIGHTS 3,490.98 207 12AC009924 3,490.98 5,233.14 5,233.14
7434198 05741 P P G ARCHITECTURAL FINISHES PAINT SUPPLIES 64.63 101 4634403 64.63 7434199 06984 PACIFIC DESIGN & INTEGRATION 03/23-BROADCAST MTNG SERVICES 4,725.00 112 4315301 4,725.00 7434200 06336 PACIFIC SEWER MAINTENANCE HIGH PRESSURE ROBOT SERVICE 2,100.00 484 4755409 2,100.00 7434201 07249 PATRIOT PLUMBING OMP-RPLCE DIAPHRAGMS 422.50 101 4634402 422.50 7434202 02169 PATTON'S METAL WORKING CUT GA HR SHEETS 159.53 111 4753214 159.53 7434203 05998 PAVING THE WAY FOUNDATION CMMNTY SPPRT/GOOD CTZNSHP PRGM 520.00 101 4820301 520.00 7434204 10392 PEI IT-AZURE FNDTN SSO SVCS 911.36 112 4315302 911.36 7434205 05602 PETROLEUM EQUIPMENT CONST SRVS03/23-DESIGNATED OPERATOR INSP 175.00 111 4753402 175.00
City of Lancaster Check Register
From Check No.: 7434126 - To Check No.: 7434382
Printed: 5/9/2023 15:17 From Check Date: 04/23/23 - To Check Date: 05/06/23 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 7434206 06607 PUMPMAN LLC 07/01-06/22 PUMP MTNC 2,215.00 480 4755402 160.00 480 4755402 2,055.00
2,215.00 2,215.00
7434207 02257 QUALITY SURVEYING, INC PWCP 23-020 LNCSTR HLTH DSTRCT 3,750.00 203 15ST058924 3,750.00 7434208 1705 QUARTZ HILL WATER DISTRICT 02/28/23-03/31/23 WATER SVC 128.67 101 4620654 85.94 101 4620682 42.73
128.67 128.67
7434209 05864 QUINN COMPANY EQ 3777 75.10 111 4753207 75.10 EQ 3774 33.30 111 4753207 33.30
EQ 3774 83.19 111 4753207 83.19
EQ 3774 29.32 111 4753207 29.32
EQ 4337 58.11 111 4753207 58.11
EQ 3844 163.22 111 4753207 163.22
EQ 3774 (39.53) 111 4753207 (39.53)
402.71 402.71
7434210 09863 SELBERT PERKINS DESIGN (CA) 03/23-AUTO MALL SIGNAGE 4,000.00 101 4790355 4,000.00 03/23-COMMUNITY CNTR BRANDING 5,080.00 101 4620301 5,080.00 9,080.00 9,080.00
7434211 07139 SITEONE LANDSCAPE SUPPLY LLC COMPOST SPREADER 207.87 101 4634404 207.87 7434212 1907 SO CA GAS COMPANY 03/20/23-04/19/23 GAS SVCS 3,230.38 101 4620655 327.24 101 4632655 2,390.37
101 4634655 512.77
3,230.38 3,230.38
7434213 11456 SPERTUS, LANDES & JOSEPHS, LLP MARVIN CRIST-LEGAL SVCS 21,033.44 101 4100303 21,033.44 7434214 07168 SUNRUN INSTALLATION SVCS, INC RFND-APPLICANT PMT2204848 81.80 101 3201104 (83.00) 101 3201104 (41.20)
101 3201104 206.00
RFND-APPLICANT PMT2203261 114.60 101 3201104 (83.00) 101 3201104 (49.40)
101 3201104 41.00
101 3201104 206.00
196.40 196.40
7434215 06963 SURFACE DESIGN PF-POPPY FESTIVAL SIGN 3,000.00 101 4649567 3,000.00 7434216 A1393 TEAMSTERS LOCAL 911 4/23- UNION DUES 3,298.00 101 2157000 3,298.00 7434217 08177 TEKWERKS 05/23-REMOTE MONITORING 1,995.00 112 4315302 1,995.00 7434218 09316 TEKWERKS INTERNET 12/22-INTERNET/FIBER SVC 2,688.04 112 4315651 2,688.04 7434219 11217 TERRELL, BRIANNE BT-PR DM-LA-10/18-20/22 185.00 101 4205202 185.00 BT-PR DM-RNCH MRG-11/2-4/22 172.50 101 4205202 172.50
City of Lancaster Check Register
From Check No.: 7434126 - To Check No.: 7434382
Printed: 5/9/2023 15:17 From Check Date: 04/23/23 - To Check Date: 05/06/23 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 357.50 357.50
7434220 D2568 TESLA, INC CH-03/23 (57,868.64 KWH) 5,786.86 101 4633652 5,786.86 MTNC YRD-03/23 (42,253.80 KWH) 4,225.38 101 4633652 4,225.38 OMP- 03/23 (20,710.39 KWH) 2,071.04 101 4634652 2,071.04 PAC-03/23 (26,036.08 KWH) 2,603.61 101 4650652 2,603.61 LMS- 03/23 (38,332.96 KWH) 3,833.30 101 4632652 3,833.30 18,520.19 18,520.19
7434221 2009 THE TIRE STORE EQ 1517 524.10 111 4753207 524.10 EQ 1742 369.75 111 4753207 369.75
EQ 5721 556.51 111 4753207 556.51
1,450.36 1,450.36
7434222 11373 THEESE, NICOLE HRPD-03/23 HOURS 5,785.00 101 4220301 5,785.00 7434223 C5522 THOMSON REUTERS-WEST PMT CENTR05/23-ONLINE SFTWR SBSCRPTN 598.37 101 4260301 598.37 05/23-ONLINE SFTWR SBSCRPTN 1,457.28 101 4245301 1,457.28 2,055.65 2,055.65
7434224 04239 TIM WELLS MOBILE TIRE SERVICE EQ 5668 25.00 111 4753207 25.00 EQ 7614 25.00 111 4753207 25.00
EQ 7516 25.00 111 4753207 25.00
EQ 1518 25.00 111 4753207 25.00
EQ 3367 657.20 111 4753207 657.20
EQ 3776 143.82 111 4753207 143.82
EQ 3415 148.23 111 4753207 148.23
EQ 1526 25.00 111 4753207 25.00
EQ 5655 333.99 111 4753207 333.99
1,408.24 1,408.24
7434225 2003 TIP TOP ARBORISTS, INC 03/27/23-TREE REMOVAL 1,417.50 101 4752460 1,417.50 03/31/23 TREE REMOVAL AND TRIM 18,354.00 203 4756267 18,354.00 03/31/23-TREE REMOVAL AND TRIM 1,275.75 203 4756267 1,275.75 04/13/23-TREE TRIMMING 2,173.50 482 4756267 2,173.50 23,220.75 23,220.75
7434226 09754 TOYOTA OF LANCASTER EQ 1751 353.74 111 4753207 353.74 7434227 09947 TYLER TECHNOLOGIES INC IMP REMOTE-FIN 6,970.60 112 4315301 6,970.60 7434228 10880 U S ARMOR CORP ENFORCER-FML BALLISTIC 1,682.43 101 4800209 1,682.43 7434229 08783 UNIFIRST CORPORATION UNIFORM CLEANING 85.68 101 4754209 38.08 111 4753209 47.60
UNIFORM CLEANING 128.04 480 4755209 128.04 UNIFORM CLEANING 128.04 480 4755209 128.04 341.76 341.76
7434230 11530 VEDDER PRICE PC GOV INVESTIGATION 4,470.00 101 4100303 4,470.00 GOV INVESTIGATION 5,595.00 101 4100303 5,595.00 10,065.00 10,065.00
City of Lancaster Check Register
From Check No.: 7434126 - To Check No.: 7434382
Printed: 5/9/2023 15:17 From Check Date: 04/23/23 - To Check Date: 05/06/23 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 7434231 C5428 VOLTZ COMMERCIAL REALTY ADVSRSAPPRAISAL RPRT(3)-SHR/TBRD/BNA 3,000.00 101 4790301 3,000.00 APPRAISAL RPRT(3)-SHR/TBRD/BNA 3,000.00 101 4790301 3,000.00 6,000.00 6,000.00
7434232 31026 WAXIE SANITARY SUPPLY CH-JANITORIAL SUPPLIES 1,877.59 101 4633406 1,877.59 CH-JANITORIAL SUPPLIES 264.14 101 4633406 264.14 CH-JANITORIAL SUPPLIES 121.05 101 4633406 121.05 2,262.78 2,262.78
7434233 10249 WE THE CREATIVE PARK WATCH LOGO 1,012.50 101 4205301 1,012.50 7434234 A8773 WESTSIDE UNION SCHOOL DISTRICT ROBOTICS COMPEITION SCHLRSHP 30,000.00 490 4250205 30,000.00 7434235 D0298 WILLDAN FINANCIAL SERVICES FY22/23-CONTN DISCLOSURE SVCS 150.00 101 2100000 150.00 7434236 D2816 WM CORPORATE SERVICES INC 03/17/23-40 YD ROLL-SUNRIS APT 910.63 101 4245940 910.63 7434237 04627 Z A P MANUFACTURING INC CUSTOM SIGNAGE 6,153.50 203 4754455 6,153.50 7434238 06099 A V RECYCLING CENTER 3/1-31/23- CLEAN UP & RMV SVC 76,545.00 203 4752301 68,040.00 484 4752266 8,505.00
VGT & WEED RMV 8,505.00 203 4752301 7,560.00 484 4752266 945.00
BOARD UP-45520 LEATHERWOOD ST 775.00 101 4245940 775.00 85,825.00 85,825.00
7434239 04380 BOWE CONTRACTORS, INC CDP 21-08 CITY HALL RENOVATION 111,184.69 101 11BS019924 39,777.41 150 2100003 (5,851.82)
701 11BS019924 77,259.10
111,184.69 111,184.69
7434240 A7061 C A RASMUSSEN, INC CP21014 PEDS GAP CLSR IMPR 224,333.00 150 2100003 (11,807.00) 203 15SW016924 57,901.54
211 15SW016924 35,421.00
399 15SW016924 142,817.46
224,333.00 224,333.00
7434241 00377 CIRCULATING AIR INC CP22009-MOAH HVAC IMPRVMNTS 313,546.69 101 11BS042924 319,911.16 150 2100003 (16,502.46)
701 11BS042924 10,137.99
313,546.69 313,546.69
7434242 11294 CREATIVE MACHINES PUBLIC ART-SUPERBLOOM 62,500.00 101 13ZZ006924 62,500.00 7434243 1214 L A CO SHERIFF'S DEPT 03/23-LAW ENFORCEMENT SVCS 2,473,500.82 101 4820354 2,232,994.81 101 4820357 240,506.01
2,473,500.82 2,473,500.82
7434244 11286 NATIONWIDE CONTRACTING SERVICE CP23020-LANC HEALTH DSTRCT 290,614.50 150 2100003 (15,295.50) 209 15ST058924 305,910.00
290,614.50 290,614.50
City of Lancaster Check Register
From Check No.: 7434126 - To Check No.: 7434382
Printed: 5/9/2023 15:17 From Check Date: 04/23/23 - To Check Date: 05/06/23 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 7434245 11517 RAIDER HILL ADVISORS LLC CP2112 TRFFC RMBRSMNT AGRMNT 27,240.30 150 2100003 (1,433.70) 210 15BR004924 28,674.00
CP2112 TRFFC RMBRSMNT AGRMNT 10,938.30 150 2100003 (575.70) 210 15BR004924 11,514.00
CP2112 TRFFC RMBRSMNT AGRMNT 25,635.75 150 2100003 (1,349.25) 210 15BR004924 26,985.00
63,814.35 63,814.35
7434246 09160 ST. FRANCIS ELECTRIC, LLC 12/23-SL&TS MAINTENANCE 12,900.00 203 4754461 12,900.00 12/22-SL&TS MAINTENANCE 12,900.00 203 4754459 12,900.00 22 5 YR MAINTENANCE PLAN 190,230.16 203 4754461 190,230.16 01/23-SL&TS MAINTENANCE 4,832.75 203 4754460 66.25 203 4754461 4,766.50
01/23-SL&TS MAINTENANCE 266.00 203 4754459 266.00 01/23-SL&TS MAINTENANCE 1,578.40 203 4754459 1,578.40 222,707.31 222,707.31
7434247 A1310 A V UNION HIGH SCHOOL DISTRICT LCE-SPNCRSHIP HIGHLAND HS 5,000.00 490 4250205 5,000.00 7434248 11532 AUX INTERNATIONAL NETWORK JAPAN-INSURANCE CHARGE 500.00 101 4200251 500.00 7434249 11532 AUX INTERNATIONAL NETWORK INTERPRETER-DELEGATION VISIT 6,000.00 101 4200251 6,000.00 7434250 09472 AZAR, JUDITH JA-PR DM-SN ANTNO 5/07-5/10/23 288.00 101 4315201 288.00 7434251 11212 BARRETT, NICHOLAS NB-RMBRSMNT-CLASS A LICENSE 85.00 101 4220311 85.00 7434252 C2060 CALIFORNIA WATER SERVICE 03/10/23-04/17/23 WATER SVC 1,033.23 482 4756654 1,033.23 7434253 D0775 CAUDLE, JASON JC-PR DM-LA 04/30/23-05/03/23 259.00 101 4200201 259.00 7434254 C8060 CLAYBORNE, ANGELA AC-PR DM-SN ANTNO 5/7/-5/10/23 288.00 101 4315201 288.00 7434255 06789 CORBETT, JOCELYN JC-PR DM-MONTEREY 05/16-19/23 259.00 101 4230201 259.00 7434256 11283 CORDERO, STEPHANIE REIMB- POPPY SUPPLIES 16.50 101 4800251 16.50 7434257 08890 DE LA CRUZ, LARISSA LD-PR DM-PLM DSRT 05/03-05/23 172.50 101 4771200 172.50 7434258 C4222 GALO, RAMON JOSE RG-PR DM-ALBQRQE 4/29-30/23 103.50 101 4200201 103.50 7434259 09480 GARDEN STATE FIREWORKS, INC. FIREWORKS BALANCE 15,000.00 101 4200251 15,000.00 7434260 D4597 GONZALEZ, TAMARA N TG-PR DM-LA 04/29/23-05/03/23 333.00 101 4200201 333.00 7434261 10712 HAGGARD, JOE JH-PR DM-SN ANTNO 5/07-10/23 288.00 101 4315201 288.00 7434262 D4259 HOLCOMB, SAKIMA G SH-REIMB-BOOTS-PANTS-SOCKS 360.00 203 4752220 360.00 7434263 10378 IGUARAN, VIRIDIANA VI-PR DM-SN ANTNO 5/07-5/10/23 288.00 101 4315201 288.00
City of Lancaster Check Register
From Check No.: 7434126 - To Check No.: 7434382
Printed: 5/9/2023 15:17 From Check Date: 04/23/23 - To Check Date: 05/06/23 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 7434264 11533 KAWAGUCHI, HIROKO JPN VISIT-LIABILITY INSURNACE 500.00 101 4200251 500.00 7434265 11533 KAWAGUCHI, HIROKO INTERPRETER-DELEGATION VISIT 6,000.00 101 4200251 6,000.00 7434266 1215 L A CO WATERWORKS 02/16/23-04/26/23 WATER SVC 23,182.49 101 4631654 3,983.31 101 4634654 1,973.91
203 4756654 1,431.58
482 4756654 15,793.69
23,182.49 23,182.49
7434267 11547 LUGO, JEFTE RFND-REFUEL RENTAL TRUCK 32.40 101 4653602 32.40 7434268 10729 MAINE ELECTRIC OMP-LED LIGHTS ON TENNIS COURT 27,500.00 101 11BS045924 27,500.00 7434269 D3933 MALDONADO, M DIANE DM-PR DM-SN ANTNO 05/07/-10/23 288.00 101 4315201 288.00 7434270 02261 MANN, KENNETH KM-PR DM-ALBQRQE 04/29-/30/23 103.50 101 4100201 103.50 7434271 D4428 MERINO, ALEXUS V AM-PR DM-LA 04/29-05/03/23 333.00 101 4200201 333.00 7434272 07633 NIEBLA, TROLIS TN-PR DM-PLM DSRT 05/03-05/23 103.50 101 4220256 103.50 7434273 10380 PATTERSON, SONYA M SP-PR DM-ALBQRQE 04/29-30/23 103.50 101 4200201 103.50 7434274 1705 QUARTZ HILL WATER DISTRICT 02/28/23-03/31/23 WATER SVC 1,471.24 101 4634654 38.12 203 4756654 306.48
482 4756654 1,126.64
1,471.24 1,471.24
7434275 10711 SEGUIN, JENNIFER JS-PR DM-LA 04/30/23-05/03/23 259.00 101 4200201 259.00 7434276 10923 SERRANO, ERIC ES-PR DM-SAN DIEGO 04/03-06/23 258.50 101 4220256 258.50 7434277 11031 SHELMAN, DEANNA DS-PR DM-SN ANTNO 05/7-10/23 288.00 101 4315201 288.00 7434278 03154 SO CA EDISON 03/28/23-04/05/23 ELECTRIC SVC 73.98 483 4754660 73.98 7434279 03154 SO CA EDISON 03/23/23-04/25/23 ELECTRIC SVC 7,465.20 101 4632652 1,651.62 101 4633652 2,115.17
101 4634652 459.12
101 4650652 2,043.48
101 4790902 701.46
203 4754652 149.34
483 4754660 345.01
7,465.20 7,465.20
7434280 1907 SO CA GAS COMPANY 03/22/23-04/25/23 GAS SVCS 6,539.33 101 4620655 352.67 101 4631655 276.57
101 4633655 2,096.47
101 4635655 827.92
101 4650655 1,440.07
City of Lancaster Check Register
From Check No.: 7434126 - To Check No.: 7434382
Printed: 5/9/2023 15:17 From Check Date: 04/23/23 - To Check Date: 05/06/23 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 101 4651655 778.97
101 4800403 766.66
6,539.33 6,539.33
7434281 10131 STOCK, LAWRENCE 03/23-COMM DISEASES ADVICE 5,000.00 101 4431301 5,000.00 7434282 D1617 STOFFEL, MATTHEW PANTS (2) 28.17 484 4752220 28.17 7434283 D1617 STOFFEL, MATTHEW PANTS (2)/ SHORTS (2) 74.55 203 4752220 74.55 7434284 11481 THE SILHOUETTES, INC BAL- THE SILHOUETTES 9,275.00 101 2177003 (1,225.00) 101 4650257 3,000.00
101 4650318 7,500.00
9,275.00 9,275.00
7434285 11544 URBAN, JOE JU-PR DM-ORLNDO 05/11-12/23 206.50 101 4220256 206.50 7434286 11544 URBAN, JOE JU-PR DM-SN ANTNO 05/7-10/23 288.00 101 4220256 288.00 7434287 08979 A V PEST CONTROL RDP: PEST CONTROL 65.00 101 4634301 65.00 7434288 05445 ADELMAN BROADCASTING, INC 03/23-KEPD-SHOP LOCAL ADS 1,218.00 101 4205205 1,218.00 03/23-KGBB-SHOP LOCAL ADS 1,680.00 101 4205205 1,680.00 03/23-KRAJ-SHOP LOCAL ADS 1,218.00 101 4205205 1,218.00 4,116.00 4,116.00
7434289 10191 ALERT NEIGHBORHOOD SECURITY JAN-MAR 23 CMMNTY HOUSES MNTR 945.00 101 4622682 945.00 APR-JUN 23 CMMNTY HOUSES MNTR 945.00 101 4622682 945.00 OCT-DEC 22 CMMNTY HOUSES MNTR 945.00 101 4622682 945.00 2,835.00 2,835.00
7434290 D3147 AMERICAN PLUMBING SERVICES,INC CC-MAINLINE STOPPAGE REPAIR 130.00 101 4620403 130.00 7434291 02693 ANDY GUMP, INC WCP-FENCE PANEL RENTAL 77.40 101 4631602 77.40 AVF-HOT/COLD SINK 3,148.13 101 4649567 3,148.13 3,225.53 3,225.53
7434292 08992 ARC DOCUMENT SOLUTIONS LLC LF DOCUMENT SCAN 1,200.07 101 4600301 1,200.07 7434293 09850 ARENA, AMY T SPRING 23-ACTING INSTRCTR-9660 448.20 101 4643308 448.20 SPRING 23-ACTING INSTRCTR-9661 250.72 101 4643308 250.72 SPRING 23-GNTL& RSTR YOGA-9863 72.00 101 4643308 72.00 SPRING 2023 MUSIC/MVMNT-9697 122.25 101 4643308 122.25 893.17 893.17
7434294 C9805 ARROW TRANSIT MIX INC READY MIX CONCRETE 1,054.83 203 4752410 1,054.83 READY MIX CONCRETE 1,313.91 203 4752410 1,313.91 2,368.74 2,368.74
7434295 04151 AXES FIRE INC OMP-FIRE EXTINGUISHER CERT 635.45 101 4634301 635.45 7434296 04737 BALLOON FACTORY CC-15 BOUQUETS/24 LATEX LOOSE 1,391.45 101 4620251 1,391.45
City of Lancaster Check Register
From Check No.: 7434126 - To Check No.: 7434382
Printed: 5/9/2023 15:17 From Check Date: 04/23/23 - To Check Date: 05/06/23 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 7434297 C3061 BATES, JOE 04/23-SPORTS OFFICIAL 161.00 101 4641308 161.00 7434298 08902 BUILDERS UNLIMITED CONSTRUCTRS 4727 W L-12-RPLC WOOD DOOR 1,540.00 101 4620402 1,540.00 LLC-DOOR/OFFICE PROJECT 23,450.00 101 4620403 23,450.00 4727 W L-12-LIGHT POLES 8,000.00 207 12AC009924 8,000.00 32,990.00 32,990.00
7434299 08017 BURKE, WILLIAMS & SORENSEN LLP 03/23-PRFSSNL SVCS 16,305.00 101 4100303 16,305.00 03/23-PRFSSNL SVCS 15,072.79 101 4100303 15,072.79 31,377.79 31,377.79
7434300 A7061 C A RASMUSSEN, INC CP21014 PEDS GAP CLSR IMPR 25,486.60 150 2100003 (1,341.40) 203 15SW016924 4,500.20
211 15SW016924 6,102.23
399 15SW016924 16,225.57
25,486.60 25,486.60
7434301 C0914 CAMPBELL II, EDWARD LEE 04/23-SPORTS OFFICIAL 253.00 101 4641308 253.00 7434302 04636 CAYENTA/N HARRIS COMPUTER CORP05/23-CMS 5,840.00 112 4315302 5,840.00 7434303 11154 COA ASSOCIATES, LLC POPPY-BACKLINE RENTAL 4,015.00 101 4649567 4,015.00 7434304 00794 CORRALES, RUDY 04/23-SPORTS OFFICIAL 299.00 101 4641308 299.00 7434305 09442 CREATIVE BRAIN LEARNING LLC SPRING 23-INTRO ANIMA ART-9718 56.00 101 4643308 56.00 SPRING 23-INTR CRTN DRWNG-9721 49.00 101 4643308 49.00 SPRING 23-INRO CMPTR CDNG-1724 56.00 101 4643308 56.00 161.00 161.00
7434306 C7625 DAPEER,ROSENBLIT & LITVAK, LLP 03/23-SPECIALIZED LEGAL SVCS 16.53 101 4230301 16.53 03/23-SPECIALIZED LEGAL SVCS 16.93 101 4230301 16.93 03/23-SPECIALIZED LEGAL SVCS 2,391.59 101 4230301 2,391.59 03/23-SPECIALIZED LEGAL SVCS 585.00 101 4230301 585.00 3,010.05 3,010.05
7434307 00414 DESERT LOCK COMPANY WCP-VANDALISM-LOCK REPAIR 70.00 101 4630460 70.00 WCP-VANDALISM-DEADBOLT REPAIR 407.88 101 4630460 407.88 WCP-VANDALISM-LOCK REPAIR 65.00 101 4630460 65.00 CH-SERVICE TRIP-RPLC KEYS 176.07 101 4633403 176.07 CH-SERVICE TRIP-RPLC KEYS 102.55 101 4633403 102.55 CH-SERVICE TRIP-RPLC KEYS 14.00 101 4633403 14.00 CH-SERVICE TRIP-RPLC KEYS 14.00 101 4633403 14.00 CH-SERVICE TRIP-RPLC KEYS 25.08 101 4633403 25.08 CH-SERVICE TRIP-RPLC KEYS 32.52 101 4633403 32.52 CH-SERVICE TRIP-RPLC KEYS 29.29 101 4633403 29.29 CH- PANIC BAR END CAP 60.64 101 4653403 60.64 997.03 997.03
7434308 11209 DINO, PAUL PARKING ENFORCEMENT-SRVC 120.00 101 4820301 120.00
City of Lancaster Check Register
From Check No.: 7434126 - To Check No.: 7434382
Printed: 5/9/2023 15:17 From Check Date: 04/23/23 - To Check Date: 05/06/23 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 7434309 08839 DUKE ENGINEERING AND ASSOCS CEDAR RAMP PLANS 175.00 227 11ZZ004924 175.00 CEDAR RAMP PLANS 1,575.00 227 11ZZ004924 1,575.00 JRP-WEBBER ADA IMPROVEMENTS 13,800.00 229 11BS036924 13,800.00 BAIN PARK-ENGINEERING SPECS 1,923.00 207 12AC009924 1,923.00 ZELDA'S-ENGINEERING SPECS 450.00 101 11BS022924 450.00 PAC-ENGINEERING SPECS 350.00 101 11BS022924 350.00 AS-BUILT DRAFT OF UTILITIES 1,470.00 207 12AC009924 1,470.00 19,743.00 19,743.00
7434310 05665 EGGERTH, DARRELL 04/23-SPORTS OFFICIAL 345.00 101 4641308 345.00 7434311 10911 EKC ENTERPRISES INC CEDAR 606-SECURITY ALARM SYSTM 25,994.58 104 4631402 25,994.58 7434312 10269 EMENHEISER, DAVID 23 POPPY FESTIVAL 1,900.00 101 4205301 1,900.00 7434313 C9406 ESTES, MAURICE 04/23-SPORTS OFFICIAL 230.00 101 4641308 230.00 7434314 11127 EXCEL PEST PROS COMMUNITY HOMES-PEST CONTROL 750.00 101 4622682 750.00 COMMUNITY HOMES-PEST CONTROL 750.00 101 4622682 750.00 COMMUNITY HOMES-PEST CONTROL 750.00 101 4622682 750.00 COMMUNITY HOMES-PEST CONTROL 750.00 101 4622682 750.00 3,000.00 3,000.00
7434315 11150 EXZETTA, WILLIS SPRING 23-ZUMBA WITH ZETTA 336.00 101 4643308 336.00 7434316 00617 FEDERAL EXPRESS CORPORATION EXPRESS MAILINGS 108.53 101 4649567 55.24 101 4650212 53.29
EXPRESS MAILINGS 67.09 101 4600212 31.02 101 4650212 36.07
175.62 175.62
7434317 07124 FIRST AMERICAN DATA TREE, LLC 03/23-PROFESSIONAL SERVICES 631.25 101 4260301 631.25 7434318 A8765 FIRST AMERICAN TITLE CO PRLMNRY TITLE RPRT 750.00 306 4792301 750.00 PRLMNRY TITLE RPRT 1,500.00 101 4600251 1,500.00 2,250.00 2,250.00
7434319 D1793 FISH WINDOW CLEANING CH-WINDOW CLEANING 328.00 101 4633301 328.00 7434320 10435 FOOTHILL COMMUNICATIONS INC SINCLAIR Q2220E RENTAL 2,039.63 101 4245350 2,039.63 7434321 11545 FORECAST HOMES TR 45315-PVMNT RSTRTN DEPOSIT 600.00 101 2503000 600.00 7434322 08245 GOLDEN STATE LABOR COMPLIANCE PWCP21-014 PED GAP PAV CLS IMP 3,988.29 210 15SW016924 3,988.29 CP21023 2021 LNDCP RSTRTN PRJ 2,120.73 101 11ZZ005924 2,120.73 CP22004-2022 SUMMER PVMNT MGMT 4,322.49 701 12ST048924 4,322.49 CP22009 MOAH HVAC IMPRVMNT 1,572.38 101 11BS042924 1,572.38 CP23020- HLTH DSTRCT 13,053.80 209 15ST058924 13,053.80 CP21014 PED GAP PVMNT CLSR IM 3,988.29 210 15SW016924 3,988.29 CP21023 2021 LNDSCP RSTRTN PRJ 2,120.73 101 11ZZ005924 2,120.73 CP23023- HLTH DSTRCT 2,919.93 209 15ST058924 2,919.93
City of Lancaster Check Register
From Check No.: 7434126 - To Check No.: 7434382
Printed: 5/9/2023 15:17 From Check Date: 04/23/23 - To Check Date: 05/06/23 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 34,086.64 34,086.64
7434323 10888 GONZALEZ PROPERTY SVCS PBP-REPAIR LIGHT POLE 565.00 101 4630460 565.00 VANDALISM-ANNEX 460.00 101 4630460 460.00 ESP-SHOWER BAR INSTALLATION 860.00 101 4631402 860.00 AHP-VANDALISM-GRAFFITI REMOVAL 685.00 101 4630460 685.00 AHP-VANDALISM-GRAFFITI REMOVAL 1,385.00 101 4630460 1,385.00 JRP-VANDALISM-BOARD UP 860.00 101 4630460 860.00 AHP-VANDALISM-GRAFFITI REMOVAL 1,750.00 101 4630460 1,750.00 POPPY-PAINT PARKING LOT LINES 5,385.00 101 4649567 5,385.00 11,950.00 11,950.00
7434324 11041 GUANDIQUE, JORGE MARIO 04/23-SPORTS OFFICIAL 460.00 101 4641308 460.00 7434325 02585 HARRELL, BARON 04/23-SPORTS OFFICIAL 138.00 101 4641308 138.00 7434326 819 HERC RENTALS INC OMP-AVTA PLATFORM LIGHT RENTAL 1,662.01 101 4634602 1,662.01 7434327 11542 HERNANDEZ, ALBERTO MOAH-ON THE MOVE PERFORMANCE 100.00 101 4653251 100.00 7434328 02647 HIGH SIERRA GENERAL ENGINEERNG RELEASE-PVMNT RESTORATION DPST 600.00 101 2503000 600.00 7434329 07653 INBOUND DESIGN INC 05/23 WEB DESIGN/MAINTEN 325.00 490 4250301 325.00 7434330 11231 INDUSTRIAL NETWORKING SOLUTION CRADLEPOINT LICENSES/MODEM/ANT 6,987.93 112 4315302 25.67 112 4315302 6,962.26
6,987.93 6,987.93
7434331 11151 KIDS DREAM RUN CLUB, LLC SPRING 23-DREAM RUN CLB-9695 700.00 101 4643308 700.00 SPRING 23-DREAM RUN CLB-9694 140.00 101 4643308 140.00 840.00 840.00
7434332 05301 KIMBALL MIDWEST FENDER WASHER 330.75 203 4754455 330.75 FLG SRW-LOCKNUTS 167.58 203 4754455 167.58 498.33 498.33
7434333 A8656 KIMLEY-HORN & ASSOCIATES INC AVENUE K INTERCHANGE 4,985.00 210 15BR004924 4,985.00 AVENUE M INTERCHANGE 1,687.50 210 15BR005924 1,687.50 AVENUE M P&E 19,180.00 210 15BR005924 19,180.00 AVENUE M PS&E 13,252.50 210 15BR005924 13,252.50 39,105.00 39,105.00
7434334 D0600 L A CO DEPT OF PUBLIC WORKS SR31406-42ND ST W TRAFFIC SGNL 5,830.96 217 16TS027924 5,830.96 7434335 10162 LANDSCAPE CONNECTION GROUP JRP-VANDALISM-GRAFFITI REMOVAL 610.00 101 4630460 610.00 7434336 D1736 LEVEL 3 COMMUNICATIONS LLC 03/23-INTERNET/DATA 3,774.19 112 4315651 3,774.19 7434337 11546 MARSH, STEVEN ARTIST HOTEL STAY 174.90 101 4653301 174.90 7434338 06663 MELRODZ PHOTOGRAPHY BYD CHINESE CONSUL VST PHOTOS 525.00 101 4205301 525.00 711 TOY DRIVE- PROF PHOTOS 225.00 101 4205301 225.00
City of Lancaster Check Register
From Check No.: 7434126 - To Check No.: 7434382
Printed: 5/9/2023 15:17 From Check Date: 04/23/23 - To Check Date: 05/06/23 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 750.00 750.00
7434339 C3413 MATHER BROS INC POPPY- 16 LB CUBED ICE 176.00 101 4649567 176.00 7434340 02454 MC MASTER-CARR SUPPLY CO OMP-LIGHT POLE COVERS 32.12 101 4634404 32.12 7434341 06966 MICHAEL BAKER INT'L INC C. LANCASTER/PWCP24009 12,285.00 349 15TR003924 12,285.00 C.LANCASTER/PWCP24009 21,648.08 349 15TR003924 21,648.08 33,933.08 33,933.08
7434342 11372 MICHEL, RYAN VIDEO SVCS FOR L28 NEWS-04/23 10,417.00 101 4207301 10,417.00 7434343 06673 MILLER, JACK C SPRING 23-TABLE TENN-9713 93.60 101 4643308 93.60 SPRING 23-TABLE TENN-9715 46.80 101 4643308 46.80 SPRING 23-TABLE TENN-9716 23.40 101 4643308 23.40 163.80 163.80
7434344 D3578 MINUTEMAN PRESS DOOR HANGERS (2000) 433.88 101 4653251 433.88 3 WELCOME FEATHER FLAGS 685.53 101 4651251 685.53 DIRECT MAILERS (1268) 984.12 101 4653251 984.12 SPRING 23- OUTLOOK 2,266.08 101 4205211 2,266.08 CH-RENOVATION SIGNS 714.01 701 11BS019924 714.01 POPPY-FRAME INSERT/ CHOROPLAST 303.19 101 4649567 303.19 2 SOUBENIR PRICE LIST 144.98 101 4649567 144.98 POPPY BANNERS LA PLAZA (2) 398.00 101 4649567 398.00 POPPY- BANNERS (6) 402.42 101 4649567 402.42 6,332.21 6,332.21
7434345 D2822 NATIONAL CINEMEDIA, LLC 03/23-THEATER ADS 1,612.00 101 4207205 1,612.00 7434346 06513 ODYSSEY POWER CORP STADIUM BLOCK HEATER RPRS 2,533.64 101 4632404 2,533.64 7434347 C7808 OPSEC SPECIALIZED PROTECTION SECURITY OFFICERS 676.00 101 4649571 676.00 7434348 10392 PEI IT-AZURE FNDTN SSO SVCS 250.00 112 4315302 250.00 7434349 05602 PETROLEUM EQUIPMENT CONST SRVSMONITORING SYSTEM CERT 1,605.00 111 4753402 1,605.00 7434350 C5395 PRO ACTIVE WORK HEALTH SERVCES GB-TB/PPD SKN TEST 20.00 101 4220255 20.00 HJ-10 PNL DRUG SCREEN NON DOT 50.00 101 4220255 50.00 HJ-TB/PPD SKN TEST 20.00 101 4220255 20.00
90.00 90.00
7434351 05884 PSOMAS RFQ694-18, CAT 4 14,966.59 209 15ST058924 8,875.19 321 15ST058924 6,091.40
14,966.59 14,966.59
7434352 02257 QUALITY SURVEYING, INC PWCP 21-010 FALL PVMNT PRGRM 10,500.00 701 12ST045924 10,500.00 7434353 07507 RESOURCE BUILDING MATERIALS SCOOP SOIL MIX 1,816.54 101 4635404 1,816.54 7434354 06712 RICE, BRIAN S. 04/23-SPORTS OFFICIAL 92.00 101 4641308 92.00
City of Lancaster Check Register
From Check No.: 7434126 - To Check No.: 7434382
Printed: 5/9/2023 15:17 From Check Date: 04/23/23 - To Check Date: 05/06/23 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 7434355 06180 SANTA CLARITA ELEVATORS ELEV SVC-APR-JUN 2023 2,400.00 101 4632301 480.00 101 4633301 480.00
101 4650301 960.00
101 4653301 480.00
2,400.00 2,400.00
7434356 06651 SANTOS BOXING USA SPRING 23-BOXING-9678 700.00 101 4643308 700.00 7434357 C3064 SANTOS, RENALDO 04/23-SPORTS OFFICIAL 805.00 101 4641308 805.00 7434358 05934 SHI INTERNATIONAL CORP SAMSUNG MZ-V8PT0B 240.37 101 4245350 240.37 P12 VALUE PACK HARDWARE 60.51 101 4245350 60.51 CORSAIR POWER SUPPLY HARDWARE 460.60 101 4245350 460.60 BACKBLAZE B2 RESERVE 3,175.50 112 4315301 3,175.50 T-FORCE HARDWARE 269.03 101 4245350 269.03 4,206.01 4,206.01
7434359 08538 SILVESTRE, BARBARA SPRING 23-LEARN HOW SEW-9696 231.00 101 4643308 231.00 7434360 5210 SLATER, ALAN BALDWIN-ELTN JHN TRB/TAKE 3 250.00 101 4650301 250.00 7434361 D3461 SMARTCOVER SYSTEMS 23/24-1 YR RENEWAL 15,288.00 480 4755402 15,288.00 7434362 01816 SMITH PIPE & SUPPLY INC PBP-TIMER CLOCK 474.65 101 4631404 474.65 7434363 A2089 SO CA EDISON-ACCTS REC 05/01/23-04/30/24 OPRTNG RENT 5,151.25 101 4633603 5,151.25 7434364 10207 SULLY-MILLER CONTRACTING CO CP22003-2022 SPRING PVMT MGMT 16,711.02 150 2100003 (879.53) 210 12ST047924 17,590.55
16,711.02 16,711.02
7434365 05703 SUPERIOR ALARM SYSTEMS 04/23-MONTHLY ALARM MONITORING 45.00 101 4633301 45.00 7434366 2003 TIP TOP ARBORISTS, INC 04/18/23- EMRGNCY TREE REMOVAL 420.00 101 4752460 420.00 7434367 D3265 ULINE ECONOMY FLOATING TABLE 1,341.16 101 4653251 1,341.16 7434368 08783 UNIFIRST CORPORATION UNIFORM CLEANING 85.68 101 4754209 38.08 111 4753209 47.60
UNIFORM CLEANING 85.68 101 4754209 38.08 111 4753209 47.60
171.36 171.36
7434369 31009 UNIVERSAL ELECTRONIC ALARMS LCC-FIRE ALARM MOUNTING 164.85 101 4620301 164.85 BATTINC CAGES-QRTLY MONITORING 111.00 101 4634301 111.00 LUC-SECUIRTY ALARM 111.00 101 4633301 111.00 LUC-FIRE ALARM MONITORING 164.85 101 4633301 164.85 AHP-ALARM SERVICE 111.00 101 4631301 111.00 LCC-FIRE 164.85 101 4620403 164.85
LCC-SECUTIRY 120.00 101 4620403 120.00
CEDAR-SECUTIRY ALARM 111.00 101 4651402 111.00
City of Lancaster Check Register
From Check No.: 7434126 - To Check No.: 7434382
Printed: 5/9/2023 15:17 From Check Date: 04/23/23 - To Check Date: 05/06/23 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount LPAC-FIRE 168.00 101 4650403 168.00
MOAH-FIRE 81.00 101 4653301 81.00
WHM-SECURTIY 81.00 101 4633301 81.00
TBP-ALARM SERVICE 81.00 101 4631301 81.00 MOAH-SECURTIY 81.00 101 4653301 81.00 CH-SECURTIY 81.00 101 4633301 81.00
LPAC-SECURTIY 81.00 101 4650403 81.00 MOAH-NAC POWER TROUBLE 190.00 101 4653301 190.00 1,902.55 1,902.55
7434370 11535 VAUDEVILLE ENTERTAINMENT LLC 5/4/23 ENTERTAINMENT BALANCE 9,056.00 101 2177003 (924.00) 101 4200251 9,980.00
9,056.00 9,056.00
7434371 11536 VERDEXCHANGE LLC LA CONF 04/30/23-05/03/23 15,000.00 101 4100261 15,000.00 7434372 D2534 VERSEY, DEREK 04/23-SPORTS OFFICIAL 506.00 101 4641308 506.00 7434373 04496 VULCAN MATERIAL WESTERN DIV COLD MIX 343.83 203 4752410 343.83 7434374 31026 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES 150.82 701 11BS043924 150.82 7434375 11541 WEITZEL, NATALIA MOAH-ON THE MOVE PERFORMANCE 100.00 101 4653251 100.00 7434376 05093 WESTERN EQUIPMENT SERVICE CO LPAC-BIPOLAR IONIZERS INSTALL 3,600.00 101 4650403 3,600.00 7434377 11508 WITTE, ADAM NICHOLAS 04/23-SPORTS OFFICIAL 368.00 101 4641308 368.00 7434378 09201 XEROX FINANCIAL SERVICES LLC 03/27-04/26/23 LEASE PAYMENT 770.85 101 4410254 770.85 7434379 C7604 YOUNG CHAMPIONS SPRING 23-SELF DEFENSE-9801 801.00 101 4643308 801.00 SPRING 23-SELF DEFENSE-9800 106.80 101 4643308 106.80 907.80 907.80
7434380 D3242 ZIMMER, DANIEL 04/23-SPORTS OFFICIAL 598.00 101 4641308 598.00 7434381 03527 L A CO FIRE DEPT FIRE IMPACT FEE-FY22/23 3RD QT 268,992.29 101 2174000 281,509.63 101 3501100 1,640.15
101 3614100 (14,157.49)
268,992.29 268,992.29
7434382 10830 MARINA LANDSCAPE INC (ORANGE) CP21023-2021 LANDSCAPE RSTRTN 140,267.50 150 2100003 (7,382.50) 207 11FW005924 147,650.00
CP21023-2021 LANDSCAPE RSTRTN 110,000.50 150 2100003 (5,789.50) 207 11FW005924 115,790.00
250,268.00 250,268.00
Chk Count 257 Check Report Total 5,421,550.86
City of Lancaster Check Register
From Check No.: 101011846 - To Check No.: 101011858
Printed: 5/9/2023 15:14 From Check Date: 04/23/23 - To Check Date: 05/06/23 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 101011846 D0257 FIRST AMERICAN TITLE INS CO PURCHASE OF APN-3128-013-004 762,000.00 109 4240912 762,000.00 101011847 D0257 FIRST AMERICAN TITLE INS CO PURCHASE OF APN-3128-013-002 245,000.00 109 4240912 245,000.00 101011848 D0257 FIRST AMERICAN TITLE INS CO PURCHASE OF APN-3128-010-026 762,000.00 109 4240912 762,000.00 101011849 D0257 FIRST AMERICAN TITLE INS CO PURCHASE OF APN-3128-013-014 327,000.00 109 4240912 327,000.00 101011850 09560 SOULSICK MUSICK INC. PF-PRF-DEP-FRANKIE J-04/23/23 7,500.00 101 4649567 7,500.00 101011851 09915 TEAMVIEWER GERMANY GMBH TEAMVIEWER PAC LICENSE 2,758.80 112 4315302 2,758.80 101011852 A2089 SO CA EDISON-ACCTS REC LCE-MCAM RA INV-03/23 2,364.80 490 4250653 2,364.80 101011853 11531 CHEVRON POWER HOLDINGS RA CAPACITY REPAYMENT-JUL 23 890,000.00 490 4250653 890,000.00 101011854 A2089 SO CA EDISON-ACCTS REC LCE-01/23 POWER VA SALES 45,884.79 490 4250653 45,884.79 101011855 D2446 THE BLVD ASSOCIATION PYMNT OF DLPBID-02/23-04/23 76,901.23 401 2501100 76,901.23 101011856 11536 VERDEXCHANGE LLC VX2023 ANNUAL CA CONFERENCE 15,000.00 101 4100261 15,000.00 101011857 11492 LOST CITY CONSULTING LLC SOW1-SISTER CITY PLANNING FEES 3,225.00 101 4200251 3,225.00 101011858 11534 BROOK, ANDREA LYNN PERF-SONIC BUTTERFLY-05/04/23 5,000.00 101 4200251 5,000.00 Chk Count 13 Check Report Total 3,144,634.62
STAFF REPORT
City of Lancaster
CC 4
5/23/2023
JC
Date:May 23, 2023
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Michael Harne, Assistant Director – Maintenance Services Subject:2023 RapidView: IBAK CCTV Truck Acquisition
Recommendations:
1.Approve the purchase of one (1) 2023 RapidView: IBAK CCTV Truck, utilizing Sourcewell Cooperative Purchasing Contract awarded to RapidView, LLC via Jack Doheny Company an authorized vendor.
2.Authorize the City Manager, or his designee, to sign all documents and approve up to 15% price fluctuation due to vehicle availability at the time of order.
Fiscal Impact:
$516,900.00 (including 15% contingency); sufficient funds for the base purchase price are available in the current fiscal year 2022-2023 budget, Account Numbers 480-4753-763 and 484- 4753-763.
Background:
RapidView, LLC was awarded contract number #120721-RVL by Sourcewell Cooperative Purchasing (formerly National Joint Powers Alliance). Bid documents meet all State and City requirements for competitive procurement. The City could not make this purchase locally, as no Lancaster business sells trucks of this type.
U.S. vehicle and equipment inventory are at their lowest levels since the global financial crisis of the late 2000s. However, the shortage of microchips and the constantly changing price of materials means the final sales price of a vehicle could adjust daily. Therefore, we respectfully request a 15% contingency authority to allow flexibility when processing the final order.
After years of daily work, the current CCTV truck and equipment are severely aged and worn, causing the repair costs to rise and increased downtime, resulting in lowered production. The 1 2
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decision to purchase the CCTV truck from Jack Doheny and RapidView, LLC came from extensive research and hands-on field testing. Technology has significantly improved over the past decade, and with recent advancements in areas like HD 360-degree pipe scanning and AI defect coding, staff production rates could increase. Therefore, the Utilities staff concludes that purchasing a 2023 RapidView: IBAK CCTV truck will provide the Utilities Division with the tools necessary to obtain the best results in the field and give future-proofing technologies.
To support the Maintenance Services (Transportation) Division's continuing effort to update the fleet, this acquisition will replace the existing CCTV truck, a 2010 Ford E450 (EQ 3989) used by the Utilities Services division for general City sanitary sewer and storm drain condition assessment. The existing CCTV truck has reached the end of its useful operating life. The CCTV truck will be auctioned via an approved City program, and the revenues from this auction will fund additional fleet replacements.
HA:sm
Attachment:
Jack Doheny Company Quote
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1 Date: 4/12/2023
1 Branch: 1700
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1 1 CUSTOMER:
1 ADDRESS:
1 CITY, STATE, ZIP:
1 PHONE:
1 EMAIL:
1 ATTN:
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N/A
N/A
1 Eff: 3/21/23
Sourcewell Contract #120721-RVL
City of Lancaster
615 W Ave H
Lancaster, CA 93534
N/A
[email protected]
Ben Stewart
RAPIDVIEW ID:
PROPOSAL ID:
DOHENYCOMPANY.COM
1 LIST SELECTED
1 Standard Cameras:
1 V4015006 $ 20,864.00 20,864.00$
1 V0494050 $ 22,027.00 22,027.00$
1 904055000 $ 2,267.00 2,267.00$
1 1 T66 Tractor and Accessories:
1 905215791 1,046.00$ 1,046.00$
1 905215991 1,453.00$ 1,453.00$
1 1 T76 Tractor and Accessories:
1 900406690 1,439.00$ 1,439.00$
1 904100890 2,121.00$ 2,121.00$
1 904401491 1,453.00$ 1,453.00$
1 900406691 1,540.00$ 1,540.00$
1 1 Vehicle Mounted Control Units:
1 V1976007
34,217.00$ 34,217.00$
1 1 Reels:
1 V8029020
38,358.00$ 38,358.00$
1 1 Camera Cable:
1 80071900 15,308.00$ 15,308.00$
1 1 Reel Accessories:
1 904350020 756.00$ 756.00$
1 1 HD Systems:
1 V4004025 ORPHEUS HD Pan & Tilt with Zoom with Transmitter 35,568.00$ 35,568.00$ 1 V9052009
13,507.00$ 13,507.00$
1 905244001 1,802.00$ 1,802.00$
1 V9052021 2,267.00$ 2,267.00$ Camera Connection Type 2-8 HD for SD Cameras and Orion 3 (SD or HD Modes) T66 HD Camera Tractor
For use with HD Cables/systems
Small mainline tractor for use in pipelines 4" and up
Zero turn radius, full steering with ATC (Auto Tilt Compensation) Includes lowering claw, toolset and 4"/6"/8" wheelsets
Requires one of the Camera Connections available below
Camera Connection TYPE 2.1 HD for T66HD -Standard straight connector.
NANO-Pan and Tilt Lateral camera for 3" and up pipelines.
Power LED Lighting
Angle of view +/- 150º
Auto-uprighting, POWER LED Lighting and 33 kHz Transmitter for locate.
Navigate through "T"s and bends in pipe.
Adapter - 8HD-10HD (req. to connect Orion 3 to CB3.2 or CC 2.1-5-1 HD) ORION 3 Zoom HD/SD Adaptive - Pan and Tilt and Zoom camera for 4" and up pipelines.
Automatically switches between SD and HD as needed
Zoom (in HD) 32x digital, Zoom (in SD) 3x digital lossless May be used on tractor or pushrod.
Auto-uprighting, LED Lighting and 33 kHz Transmitter for locate.
Higher resolution and significantly improved picture quality.
Laser diameter, deformation, defect and object measurement (third-party Tungsten Carbide Wheels for T66 in 4" and up
Tungsten Carbide Wheels for T66/PANO 150 in 6" and up
Small Pneumatic Tires for T76/T86/PANORAMO/LISY (Grey)
X-Large Pneumatic Tires for T76/86/PANORAMO/LISY (Black) Tungsten Carbide Wheels for T76/86/PANO 2 in 6" and up
Tungsten Carbide Wheels for T76/86/PANO 2 in 8" and up
BS 7 - Vehicle Mounted Control EDI for ALL SYSTEMS
controls all normal mainline and fiber optic systems, including PANORAMO. Diagnostic and control center with color touch-screen panel.
19" rack mount main control unit.
KUV 2.7 Cable Deflection Pulley for Standard and Fiber Optic Cable with holder and rope HD FO4 Camera Cable Type 00/12 - 1640 feet
KW505 FO2 4K (PANORAMO 4K capable) Synchronized Power Cable Reel Designed for use with FO2 X2 cable requried for PANORAMO systems. Sychronized cable payout and retraction.
Automatic level wind. Requires vehicle installation.
Includes remote control pendant and LED boom light.
Distance counter with rear display.
Holds up to 2000' of 00/12 FO 2 X2 cable
Includes integrated tractor lowering winch and control. 1 V9049001
23,823.00$ 23,823.00$
1 V9040013 6,684.00$ 6,684.00$
1 904116031 7,811.00$ 7,811.00$
1 1 Push Cameras:
1 Minilite Discount (24,678.88)$ - $
1 804501601 12,885.00$ 12,885.00$
1 V0000350 5,957.00$ 5,957.00$
1 V8045101 10,461.00$ 10,461.00$
1 901601040 529.00$ 529.00$
1 1 Computer Systems:
1 V0001017 3,731.00$ 3,731.00$
1 1 Chassis:
1 F550 Gas 4x2
57,796.00$ 57,796.00$
1 1 Rapid View Build Out Options:
1 1
VZ000741 50,975.00$ 50,975.00$
1 VZ000703 426.00$ 426.00$
1 VZ000306 2,179.00$ 2,179.00$
1 VZ000825 Fold-Out Steps (Side Access) 756.00$ 756.00$ 1 VZ000826 Fold-down Steps (rear) 988.00$ 988.00$ 1 Equip Sales Bathroom Addition 5,500.00$ 5,500.00$ 1 Equip Sales 19" Additional Monitor 800.00$ 800.00$ 2023 F-550 Chassis Cab, Regular Cab, 205” WB, 7.3L V8 GAS, 6 Speed Automatic with SelectShift Transmission, 4x2, DRW, Telescoping Mirrors, AM/FM Radio, Power locks, Remote Keyless Entry, Air Conditioning. R&J
T76 HD Camera Tractor
Mainline tractor for use in pipelines 5" and up
Zero turn radius, full steering with ATC (Auto Tilt Compensation) Includes lowering claw, toolset and 5"/6"/8"/10" wheelsets If using as a mainline crawler - requires V9040013 below T76 can be used as the chassis for the LISY 3.2 HD Extension Add the elevator to help in larger pipelines.
T76/86 3.2 S HD Camera Base Module;
Includes transmitter ( (33kHz) and (512Hz), required for HD cameras T76/86 Camera Elevator Raise the Camera into the center of the pipe remotely MiniLite Package Promo Discount: MUST INCLUDE (1) Nano or Orion (*see above) MiniLite Exchangeable Drum - 250 feet of Perfect Pushrod MiniLite 2.0 Frame and power supply
Pressure Test Set
BP2 Portable Control Console (one joystick)
19" Industrial PC Package
* Chassis purchased separately, call for required chassis specifications * Includes installation of box on approved chassis
* Dual swing open rear doors
* Side entry door
* Rear backup camera
* Commercial Genset (GAS)
* Walk-thru design with partition wall and door
* Tinted glass viewing window in Bulkhead Wall
* 12v LED Lighting
* Aluminum plank flooring/easy cleaning and improved grip when wet * Roof Air
* Exterior shore power package with extension cord
* Auxiliary battery and charging system
Front Office:
* Carpeted walls in studio
* Laminated base cabinetry
* Laminate countertops in studio
* Vibration resistant electronics cabinet with rear door access to outside of truck * Bench seat over generator
* Mounted high-quality monitor in office
Workspace:
* Heavy-duty, 5 drawer toolbox
* High-quality monitor in workspace for monitoring camera operation * 14 gallon pressurized wash down system
* Butcher block workbench
* Laminate Cabinets
* Aluminum storage shelves
* Overhead laminate cabinets with easy-open hardware
Safety:
* Directional Arrow board at rear
* Strobe light mounted on front roof.
* LED side markers on Box
16' Inspection Box and Conversion for GAS Chassis Dim 16'x8"x6'6" includes features above
KW Reel Cabinet with sliding aluminum drawer and LISY drum platform Small sink in counter
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1 Additional Accessories
1 Poleset 430.92$ 430.92$
1 52846 39.96$ 39.96$
1 1 Additional Options Sale Price
1 2,000.00$ 2,000.00$
1 F550 Gas 4x4
2,830.00$ 2,830.00$
1 800500841 1,079.00$ 1,079.00$
1 VZ000817 4,041.00$ 4,041.00$
1 V4011007 6,144.00 $ 6,144.00$
1 802617031 1,151.00$ 1,151.00$
1 905211031 781.00 $ 781.00$
1 905210191 936.00$ 936.00$
1 905210991 1,279.00$ 1,279.00$
1 905216791 1,656.00$ 1,656.00$
1 VZ000712 756.00$ 756.00$
1 1705415KIT 1,850.00$ 1,850.00$
1 EQUIP SALES 75.00$ 75.00$
1 IT Pipes 28,882.35 $ 28,882.35$
1 Upgrade 2,400.00$ 2,400.00$
1 1 Sourcewell Build-Quote Summary
1 443,625.23$
1 17,745.01$
1 425,880.22$
1 8,517.60$
1 417,362.62$
1 1 11,000.00$
1 4,000.00$
1 432,362.62$
1 (24,678.88)$
1 407,683.74$
1 1 41,787.58$
1 449,471.32$
1 Additional 2%:
JDC-18' of Fiberglas Poles, Mounting Bracket and IBAK Adapter Minilite Discount (if applicable)
TOTAL PRICE:
KW305/505 Upper deflection pulley (attaches to boom)
Additional Weight Kit for T66 (Heavy and Light)
Add weight to pull longer distances
Treaded Wheel set for 6" pipe for T66/8" for PANORAMO 150 (HARD) Treaded Wheel set for 8" pipe for T66/10" for PANORAMO 150 (HARD) Tungsten Carbide Wheels for T66/PANO 150 in 8" and up
Wall Mounted Electric Heater - Installed under desk or in work area 18"x18"x60" Underbody Toolboxes
Printer
Software, See spec, one year start up 12k annual starting year two, data transfer included
****UPGRADE TO 4x4 2023 F-550 Chassis Cab, Regular Cab, 205” WB, 7.3L V8 GAS, 6 Speed Automatic with SelectShift Transmission, 4x4, DRW, Telescoping Mirrors, AM/FM Radio, Power locks, Remote Keyless Entry, Air Conditioning. R&J ****** Foot switch for winch (KW505 and KW305)
Freight and PDI:
Field Training:
Total:
Lancaster, CA- Sales Tax Rate 10.25%:
Total with Sales Tax:
Powered Rear Canopy - Push button
RETRUS 2.0 HD Back-eye Camera for HD Systems-
Plugs in between tractor and cable providing rear picture.
Upgrade to 7000 Watt Gen set
Module/Options/Chassis Total:
Options Sourcewell Discount 4%:
Module/Options Total per Sourcewell Price Schedule:
3" Tiger Tail
Vehichle Prep and Licensing
Total with Discount:
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Customer:
1 By:
1 Date:
1 Email:
above only when signed by the customer or one of its officers.
Stephanie Prescott
Stephanie Prescott
Regional Sales Representative
760-644-5147
[email protected]
This proposal becomes a contract for delivery and payment of the merchandise listed • Sales Price does not include any applicable sales taxes. Buyer is responsible for and agrees to pay all applicable sales tax.
• The Sale of New Equipment Terms and Conditions are incorporated into and made a part of this Proposal upon acceptance and execution of this Proposal by both parties. • Execution of this Proposal by Seller and Buyer constitutes a binding agreement between the parties. • If this Proposal is not executed by both parties within thirty (30) calendar days from the Proposal Date, this Proposal shall become null and void, unless subsequently executed by both Buyer and Seller.
Thank you for your consideration of this proposal.
Sincerely yours,
Terms and Conditions
• Acceptance of this Proposal is subject to availability of the Equipment listed above.
RapidView LLC (Vendor) reserves
the right to increase the price of vehicle chassis, trailers, and all-terrain vehicles in proportion to any increase of costs to the VENDOR between the date of acceptance of the order and the date of delivery (including without limitation costs relating to exchange rates, model year changes, manufacturer price increases, labor, materials, transport and taxes). ***Surcharges or rate increases issued by manufacturer that affect this quote following quote acceptance, but prior to order delivery, will be the responsibility of Buyer. Any surcharge or increase that is applied to this purchase will be applied at same cost as issued by manufacturer.***
INVOICE INFORMATION
Sold to: Name
Address
Contact
Phone #
Email Address:
Ship to: Name
Address
Contact
Phone #
Email Address
PLEASE SELECT TYPE OF BUSINESS
Environmental ___________Petro Chemical_______ Gas & Oil_________________Sewer & Water_______ Industrial Plant___________Utility_______________ Municipal________________Other_______________ Customer Signature:
TITLE INFORMATON FORM
Must be typed. Please ensure accurate information provided with submission of this document. Any re-issuance of title resulting from inaccurate data may be subject to a $250.00 processing fee.
Name
Address
Contact
Phone #
Email Address
County: _________________________________
Fed ID# _________________________________
Title Mailed to: Name
Contact
Phone #
Email Address
Lienholder: Name
Address
Contact
Phone #
Email Address
Customer Signature:
(If no lienholder exists,
'Not Applicable' must be
notated in Name field)
Title Assigned to:
(In MI, OH & IN: Must be
Physical Address)
(Name and information for
purchaser of the unit)
(Must be Physical Address)
(Company or business that will
be registering the unit)
777 Doheny Drive
Northville, MI 48167
t 248-349-0904
p 248-349-2774
Address
STAFF REPORT
City of Lancaster
CC 5
5/23/2023
JC
Date: May 23, 2023
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Sheila Niebla, Senior Engineer – City Engineering
Subject: Approval of Agreement for Design Services for Avenue M At-Grade Crossing (Reference PWCP 23-001)
Recommendation:
Approve a Professional Services Agreement with Kimley-Horn and Associates, Inc., of Los Angeles, California, to provide Design Services for Avenue M At-Grade Crossing in the amount of $922,651.29, with a 10% contingency; and authorize the City Manager, or his designee, to sign all documents.
Fiscal Impact:
$1,014,916.42 (including 10% contingency); sufficient funds are available in Capital Improvements Budget Account Number 399-16ST033-924.
Background:
On October 16, 2020, the State of California, Department of Transportation (Caltrans) Highway Railroad Grade Crossing Safety Program (Section 130) approved Service Contract 50LP277 with the City of Lancaster for safety improvements at the grade crossings, located at the intersection of Avenue M and both the Union Pacific Railroad (UPRR), and the Southern California Regional Rail Authority (SCRRA) (collectively referred to as “Railroads”) tracks in the City of Lancaster and the City of Palmdale.
This Section 130 project is a combined effort of improvements between the City of Lancaster and the Railroads. Each Agency is contracted separately with Caltrans for funding, and is responsible for its portion of the improvements. The City of Lancaster is responsible for, and will lead the civil improvements, including but not limited to, grading, roadways, sidewalks, curb ramps, pedestrian channelization, traffic signals, street lighting, utility relocation, traffic signing, striping, and markings, etc. The Railroads are responsible for any railroad related improvements and railroad signal work.
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On February 13, 2023, the City advertised Request for Qualifications (RFQ 787-23) for Design Services for Avenue M At-Grade Crossing. The RFQ was listed on the City’s website, and the City’s online bidding service (Planet Bids). On March 6, 2023, the City received only one (1) qualified response to this advertisement. A selection committee consisting of five (5) members reviewed and assessed the Statement of Qualification (SOQ). Due to the complexity and aggressive schedule of this project, the City filed a Non-Competitive Determination for A&E Contracts with the Section 130 Program Manager and received the approval to proceed. On April 19, 2023, the City received the negotiated proposal with Kimley-Horn and Associates, Inc.
The project may trigger the need for drainage-related Regulatory Permits. As such, during negotiations, the Consultant was asked to provide optional pricing for additional services. The amount recommended for approval includes a base total of $848,007.42, plus optional tasks totaling $74,643.87, for a grand total amount of $922,651.29. Optional tasks for Regulatory Permit services will be authorized separately in writing and only if the need arises.
SN:DL/km
Attachments:
Professional Services Agreement
Vicinity Map
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
THIS AGREEMENT FOR CONSULTING SERVICES (this “AGREEMENT”) is made and entered into this _____ day of _____________, 20___, by and between the CITY OF LANCASTER, a municipal corporation and charter city (the “OWNER”), and KIMLEY-HORN AND ASSOCIATES, INC., (the “CONSULTANT”).
RECITALS
WHEREAS, OWNER desires to engage CONSULTANT to perform certain technical and professional services, as provided herein, identified as:
DESIGN SERVICES
AVENUE M AT-GRADE CROSSING (REFERENCE PWCP 23-001)
WHEREAS, the principal members of CONSULTANT are qualified and duly registered/licensed under the laws of the State of California, and CONSULTANT desires to accept such engagement;
NOW, THEREFORE, the parties agree as follows:
1. Parties to the AGREEMENT.
The parties to this AGREEMENT are:
A. OWNER: City of Lancaster
Kimley-Horn and Associates, Inc.B. CONSULTANT:
2. Notices. All written notices required by or related to this AGREEMENT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this AGREEMENT shall refuse to accept such mail; parties to this AGREEMENT shall promptly inform the other party of any changes of address. All notices required by this AGREEMENT are effective on the day of receipt, unless otherwise indicated herein.
OWNER Public Works Director
City of Lancaster
44933 North Fern Avenue
Lancaster, California 93534
CONSULTANT Robert D. Blume, P.E., Vice President
Kimley-Horn and Associates, Inc.
660 South Figueroa Street, Suite 2050
Los Angeles, CA 90017
3. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without prior written consent of the other party, and any such assignments without said consent shall be void. - 1 -
4. Incorporation by Reference. The Request for Qualifications – RFQ 787-23 DESIGN SERVICES PWCP 23-001 AVENUE M AT-GRADE CROSSING and CONSULTANT’S Statement of Qualifications and Proposal are hereby incorporated in and made a part of this AGREEMENT.
CONSULTANT agrees to comply with all of the requirements set forth therein.
5. Precedence of AGREEMENT Documents. If there is a conflict between AGREEMENT documents, the document highest in precedence shall control. The precedence shall be:
First:
Second:
This AGREEMENT consisting of 85 pages
Request for Qualifications – RFQ 787-23 DESIGN SERVICES PWCP 23-001 AVENUE M AT-GRADE CROSSING
Third: The CONSULTANT’S Statement of Qualifications and Proposal
6. Description of Work. OWNER hereby engages CONSULTANT, and CONSULTANT accepts such engagement, to perform the technical and professional services set forth in the “Scope of Services” attached hereto as Exhibit “A”. CONSULTANT shall perform and complete, in a manner satisfactory to OWNER, all work and services set forth in Exhibit “A”. The Public Works Director or their designee shall have the right to review and inspect the work during the course of its performance at such times as may be specified by the Public Works Director, or their designee.
7. Obligations of the OWNER.
A. The total compensation to be paid by OWNER to CONSULTANT for all work and services described in Exhibit “A” is not to exceed $848,007.42. CONSULTANT’S fees and charges for the work and services performed shall in no event exceed those set forth in Exhibit “B” attached hereto and made a part hereof.
B. No payment made hereunder by OWNER to CONSULTANT, other than the final payment, shall be construed as an acceptance by OWNER of any work or materials, nor as evidence of satisfactory performance by CONSULTANT of its obligations under this AGREEMENT.
8. Obligations of the CONSULTANT.
A. CONSULTANT shall perform as required by this AGREEMENT.
CONSULTANT also warrants on behalf of itself and all subcontractors engaged for the performance of this AGREEMENT.
B. CONSULTANT shall be responsible for payment of all employees' and subcontractor's wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.
9. Senate Bill 854.
SB 854 bill signed into law on June 20, 2014, established a new public works contractor registration program to replace prior Compliance Monitoring Unit (CMU) and Labor Compliance Program (LCP) requirements for bond-funded and other specified public works projects.
The Department of Industrial Relations (DIR) requires all contractors and subcontractors who bid or perform work on a public works project (as defined under the Labor Code) be subject to a registration and annual renewal fee. Contractors must apply online and meet minimum qualifications to be registered as eligible to bid and work on public works projects. The requirement to list only registered contractors and subcontractors on bids becomes effective on March 1, 2015. The requirement to only - 2 -
use registered contractors and subcontractors on public works projects applies to all projects awarded on or after April 1, 2015. This project shall comply with the requirement of SB 854.
Coverage is not limited only to work performed at the construction site by the traditional construction trades, but extends broadly to workers employed “in the execution of” the public works contract.
Survey and Geotechnical Services will only need to register if the scope of services provided would require the payment of prevailing wage and be considered to be covered under the California Labor Code. Even though survey and geotechnical services typically are viewed as consultants and generally do not necessarily fit the term “contractor,” compliance with section SB 854 will be required by the Department of Industrial Relations ("DIR"). Essentially, if the services provided by a survey or geotechnical services firm would be considered to be covered under the applicable California Labor Code sections, then they should register. It should be noted that only the firm needs to register and not individual licensed design professional(s).
Attention is directed to the revisions to Labor Code Section 4. 1725.5 and Section 5. 1771.1:
A. SECTION 4 1725.5
“A contractor (consultant) must be registered pursuant to this section in order to be qualified to bid on, be listed in a bid proposal pursuant to Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work that is subject to requirements of this chapter. (a) To qualify for registration under this section, a contractor must do all of the following:
(1) Beginning July 1, 2014, register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial non-refundable application fee of $300 to qualify for registration under this section and an annual renewal fee on or before July 1st each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3.
(2) Provide such evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Worker’s Compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker who the contractor will employ to perform work that is subject to prevailing wage requirements other than a contractor who, is separately registered under this section.
Coverage may be evidenced by a current and valid Certificate of Workers’ Compensation Insurance or Certification of Self-Insurance required under Section 7125 of the Business and Professions Code.
(B) Where applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code. (C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages, or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for any judgment, order, or determination that is under appeal, provided that the contractor has - 3 -
secured the payment of any amount eventually found due through a bond or other appropriate means.
(D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months, or since the effective date of the requirements set forth in subdivision (f), whichever is shorter. For a contractor found to be in violation of the requirements of this paragraph only, the period of disqualification shall be waived if: (i) the contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months; and (ii) the contractor pays an additional non-refundable penalty registration fee of $2,000. (b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established pursuant to Section 1771.3 and shall be used only for the purposes specified in subdivision (b) of Section 1771.3 (c) The term “contractor,” as used in this section, shall include any subcontractor or “consultant”, as defined in Section 1722.1.
(d) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. A contractor who inadvertently fails to pay the renewal fee may retroactively renew its registration by paying an additional non-refundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the date of the renewal fee.
(e) The requirements of this section shall not apply with respect to any contract, which as a result of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or decision by a court that classifies, after the time at which the body awarding the contract accepts the contractor’s bid or awards the contractor a contract, the work covered by the bid or contract as a “public work,” as defined in this chapter, to which Section 1771 applies, provided that:
(1) The body awarding the contract failed to identify as a public work, in the bid specification or in the contract documents that portion of the work that the determination or decision classifies as a “public work.”
(2) Within twenty (20) days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section. (3) The requirements of this section shall apply prospectively only to any bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2) of this subdivision. - 4 -
(f) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work, as defined in this chapter, entered into on or after April 1, 2015.”
B. SECTION 5 1771.1
(a) No contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal pursuant to Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered to perform public work pursuant to Section 1725.5 It shall not be a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Sections 10164 or 20103.5 of the public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of this requirement shall be included in all bid invitations and public works contracts, and no bid shall be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor’s current eligibility to perform public work pursuant to Section 1725.5.
(c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following requirements are met:
(1) the subcontractor is registered prior to the bid opening; (2) within 24 hours after the bid opening the subcontractor is registered and has paid the penalty registration fee specified in paragraph (E) of subdivision (2) of Section 1725.5; or (3) the subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code. (d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) of this Section shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The DIR shall maintain on its website a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation. However, no contract for public work shall be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
A. This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This project shall comply with the requirements of SB 854.
10. Payment of Prevailing Wage.
A. The State of California, Department of Industrial Relations, has ascertained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension, and similar purposes applicable to the field work to be done. These rates shall be the minimum wage rates for this - 5 -
project. These rates are on file with the City of Lancaster and copies will be made available to any interested party upon request.
Attention is directed to the provisions of Section 1777.5 (Chapter 1411, Statutes of 1968) and Section 1777.6 of the Labor Code concerning the employment of apprentices by the CONSULTANT or any subcontractor under him.
Section 1777.5, as amended, requires the CONSULTANT or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except:
(A) When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15% in the 90 days prior to the request for certificate; or (B) When the number of apprentices in training in the area exceeds a ratio of one to five; or (C) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or (D) When the CONSULTANT provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.
The CONSULTANT is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions.
The CONSULTANT and any subcontractor under them shall comply with the requirements of Section 1777.5 and Section 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
B. The provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of CONSULTANT for personnel to perform any services under this AGREEMENT. OWNER shall have access to all documents, data and records of CONSULTANT and its subcontractors for purposes of determining compliance with the Prevailing Wage provisions of this Section.
11. Audit. OWNER shall have the option of inspecting and/or auditing all records and other written materials used by CONSULTANT in preparing its statements to OWNER as a condition precedent to any payment to CONSULTANT.
12. Hold Harmless and Indemnification. CONSULTANT agrees to indemnify and hold harmless the OWNER, its officers and employees, from and against any and all claims, losses, obligations, or liabilities whatsoever, including reasonable Attorney’s fees, incurred in or in any manner arising out of or related to CONSULTANT’S negligent or willful wrongful acts, errors or omissions, or those of its employees or agents. CONSULTANT agrees to defend OWNER, it officers and employees, - 6 -
from and against any and all claims arising from any alleged negligent or wrongful acts, errors or omissions on the part of CONSULTANT or on the part of its employees.
13. Amendments. Any amendment, modification, or variation from the terms of this AGREEMENT shall be in writing and shall be effective only upon mutual written approval by the Public Works Director and CONSULTANT.
14. Non-Discrimination and Equal Employment Opportunity.
A. In the performance of this AGREEMENT, CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, physical or mental disability or age. CONSULTANT will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Affirmative action relating to employment shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship.
B. The provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of CONSULTANT for personnel to perform any services under this AGREEMENT. OWNER shall have access to all documents, data and records of CONSULTANT and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section.
15. Termination for Convenience. The governing board of the OWNER may terminate this AGREEMENT at any time without cause by giving fifteen (15) days written notice to CONSULTANT of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall, at the option of OWNER, become the OWNER's property. If this AGREEMENT is terminated by OWNER as provided herein, CONSULTANT will be paid a total amount equal to its costs as of the termination date, plus ten percent (10%) of that amount for profit. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this AGREEMENT.
16. Termination for Cause.
A. The governing board of the OWNER may, by written notice to CONSULTANT, terminate the whole or any part of this AGREEMENT in any of the following circumstances:
(1) If CONSULTANT fails to perform the services required by this AGREEMENT within the time specified herein or any authorized extension thereof; or (2) If CONSULTANT fails to perform the services called for by this AGREEMENT or so fails to make progress as to endanger performance of this AGREEMENT in accordance with its terms, and in either of these circumstances does not correct such failure within a period of ten (10) days (or such longer period that OWNER may authorize in writing) after receipt of notice from OWNER specifying such failure.
B. In the event OWNER terminates this AGREEMENT in whole or in part as provided above in paragraph A of this Section, OWNER may procure, upon such terms and in such manner as it may deem appropriate, services similar to those terminated. - 7 -
C. If this AGREEMENT is terminated as provided above in paragraph A, OWNER may require CONSULTANT to provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, etc., prepared by CONSULTANT. Upon such termination, CONSULTANT shall be paid an amount equal to the contract amount, less the cost of hiring another CONSULTANT to complete CONSULTANT's services. In the event no new CONSULTANT is employed, CONSULTANT shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to completed work and work in progress, complete and incomplete drawings, and other documents whether delivered to OWNER or in possession of CONSULTANT, and authorized reimbursement expenses.
D. If, after notice of termination of the AGREEMENT under the provisions of this Section, it is determined, for any reason, that CONSULTANT was not in default, or that the default was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 15.
17. Independent Contractor. CONSULTANT is an independent contractor and shall have no power or authority to incur any debt, obligation or liability on behalf of the OWNER. It is expressly understood between the parties to this AGREEMENT that no employee/employer relationship is intended; CONSULTANT is an independent contractor.
18. Insurance.
A. The CONSULTANT, at its expense, shall maintain in effect at all times during the term of this AGREEMENT the following coverage and limits of insurance, which shall be maintained with insurers listed "A-, VIII" or better in the Best's Key Rating Guide:
Commercial General Liability
Each Occurrence $5,000,000
Per Project General Aggregate $10,000,000
Including Products/Completed Operations; Contractual Liability/Independent Contractors; Property Damage
(Coverage shall be at least as broad as ISO form CG2010 11/85 or CG2010 07/04 and CG2037 07/04 combined, or an equivalent providing ongoing and completed operations)
Commercial Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage $10,000,000
(Coverage shall be at least as broad as ISO form CA00 01) Workers Compensation
As Required by the State of California Statutory Limits Employer’s Liability
Each Accident
Bodily Injury by Disease
Each Employee
$1,000,000
$1,000,000
$1,000,000
(A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation & Employers’ Liability policies) - 8 -
Professional Liability
Each Occurrence
General Aggregate
$10,000,000
$10,000,000
B. 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 insured’s liability.
C. Professional liability insurance written on a “claims made” basis must be renewed for a period of three (3) years after this contract expires or is terminated. Such insurance must have the same coverage and limits as the policy that was in effect during the term of this contract and will cover Consultant for all claims made by the City insured entities arising out of any negligent acts or omissions of Consultant or its officers, employees, or agents during the time this Agreement was in effect.
D. Any deductibles or self-insurance retentions must be declared and approved by the
City. At the City’s option, either the insurer shall reduce or eliminate such deductibles or self- insured
retentions as respects the City insured entities or the insurer shall procure a bond guaranteeing payment
of losses and related investigations, claim administration and defense expenses.
E. All insurance (except professional liability and workers compensation) shall be primary and non-contributory as respects the City insured entities. Any insurance or self-insurance maintained by the City insured entities shall be in excess of the Consultant’s insurance and shall not contribute with it.
F. Consultant shall furnish the City with Certificates of Insurance and with original endorsements effecting coverage required by this Agreement. Certificates of Insurance shall meet the following requirements:
(1) Show that the insurance policy has been endorsed to state that coverage
shall not be suspended, voided, cancelled, reduced in coverage or in limits except after 30 days prior written notice (10 days written notice for non- payment) to the City of Lancaster.
(2) List in the “Descriptions of Operations/Locations/Vehicles” section:
DESIGN SERVICES
PWCP 23-001 AVENUE M AT-GRADE CROSSING
The City of Lancaster, its elected officials, officers, employees, and volunteers are included as additional covered parties, but only insofar as the operations under this contract are concerned.”
(3) List in the “Certificate Holder” section:
The City of Lancaster
44933 Fern Avenue
Lancaster, California 93534
- 9 -
G. Consultant shall include all subcontractors as an insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Subcontractors are subject to the same insurance requirements as the Consultant.
19. Commencement and Completion of Work. The execution of this AGREEMENT by the parties does not constitute an authorization to proceed. The services of CONSULTANT shall commence when the OWNER, acting by and through its Public Works Director or her designee, has issued the Notice to Proceed.
CONSULTANT shall have no claim for compensation for any services or work which has not been authorized by the OWNER's Notice to Proceed.
20. Extension of Time for Completion of Work.
A. If, at any time, the work is delayed due to suspension order by OWNER, or due to any other cause which, in the reasonable opinion of the OWNER, is unforeseeable and beyond the control and not attributable to the fault or negligence of CONSULTANT, then CONSULTANT shall be entitled to an extension of time equal to said delay, subject to the OWNER's right to terminate this AGREEMENT pursuant to Section 15.
B. CONSULTANT shall submit to OWNER a written request for an extension of time within ten (10) days after commencement of such delay, and failure to do so shall constitute a waiver thereof. OWNER shall, in its sole discretion, determine whether and to what extent any extensions of time shall be permitted.
C. No extension of time requested or granted hereunder shall entitle CONSULTANT to additional compensation unless, as a consequence of such extension, additional work must be performed. In such event, OWNER shall in good faith consider any request for additional compensation submitted by CONSULTANT.
21. Ownership of Documents. All plans, specifications, reports, studies, tracings, maps and other documents prepared or obtained by CONSULTANT in the course of performing the work required by this AGREEMENT shall be the property of the OWNER. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by CONSULTANT under this AGREEMENT shall, upon request, be made available to OWNER without restriction or limitation on their use. Any modification made by the City to any of the Consultants documents, or any use, partial use, or reuse of the documents without written authorization or adaptation by the Consultant will be at the City’s sole risk and without liability to the Consultant.
22. Data Provided to CONSULTANT. OWNER shall provide to CONSULTANT, without charge, all data, including reports, records, maps and other information, now in the OWNER's possession which may facilitate the timely performance of the work described in Exhibit “A”.
23. CONSULTANT's Warranties and Representations.
CONSULTANT warrants and represents to OWNER as follows:
A. CONSULTANT has not employed or retained any person or entity, other than a bona fide employee working exclusively for CONSULTANT, to solicit or obtain this AGREEMENT. - 10 -
B. CONSULTANT has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for CONSULTANT, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the execution of this AGREEMENT. Upon any breach or violation of this warranty, OWNER shall have the right, in its sole discretion, to terminate this AGREEMENT without further liability, or, in the alternative, to deduct from any sums payable hereunder the full amount or value of any such fee, commission, percentage or gift.
C. CONSULTANT has no knowledge that any officer or employee of the OWNER has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of the CONSULTANT, and that if any such interest comes to the knowledge of CONSULTANT at any time, a complete written disclosure of such interest will be made to OWNER, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws.
D. Upon the execution of this AGREEMENT, CONSULTANT has no interest, direct or indirect, in any transaction or business entity which would conflict with or in any manner hinder the performance of services and work required by this AGREEMENT, nor shall any such interest be acquired during the term of this AGREEMENT.
24. Resolution of Disputes.
A. Disputes regarding the interpretation or application of any provisions of this AGREEMENT shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties.
B. If the parties cannot resolve the dispute through good faith negotiations, either party may give Notice of Dispute to the other party. The Notice of Dispute shall state the nature of the dispute and the corrective action necessary to remedy the dispute.
After Notice of Dispute, the parties shall first attempt to resolve any disputes by mediation. The parties shall agree on a single mediator. Mediation shall be conducted in Lancaster, California. Each party shall pay its own attorneys’ fees and the costs of mediation shall be split equally between the parties.
If the dispute has not been resolved by mediation within 45 days after Notice of Dispute, or the parties are unable to agree to a mediator, within 15 days after Notice of Dispute, then, the dispute may, upon agreement of the parties be resolved by binding arbitration.
25. Exhibits.
The following exhibits to which reference is made in this AGREEMENT are deemed incorporated herein in their entirety:
Exhibit "A" Scope of Services
Exhibit “B” Term, Payment and Time for Commencement and Completion Clause Exhibit “C” State and Federal Provisions
Exhibit “D” State and Federal Forms
- 11 -
26. Governing Law.
This AGREEMENT shall be governed by the laws of the State of California.
27. Effective Date.
This AGREEMENT shall become effective as of the date set forth below on which the last of the parties, whether OWNER or CONSULTANT, executes said AGREEMENT. - 12 -
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed and attested by their respective officers thereunto duly authorized. “OWNER”
CITY OF LANCASTER
LANCASTER, CALIFORNIA
Approved By Department Head:
By:
Marissa Diaz, Public Works Director
Dated:
By:
Jason Caudle, City Manager
Dated:
"CONSULTANT"
KIMLEY-HORN AND ASSOCIATES, INC.
By:
Robert D. Blume, P.E., Vice President
Dated:
ATTEST:
Andrea Alexander, CMC
City Clerk
APPROVED AS TO FORM:
Allison E. Burns, Esq.
City Attorney
- 13 -
EXHIBIT "A"
SCOPE OF SERVICES
The Consultant shall maintain separate costs for each project and shall identify the costs specific to each project.
The work to be performed under this contract shall include:
SEE ATTACHED
PW-123 (1/14)
EXHIBIT “A”
SCOPE OF SERVICES
PROJECT LOCATION AND DESCRIPTION
PWCP 23-001 – AVENUE M AT-GRADE CROSSING
CPUC ID: 001B-409.10
FED ID: STPLR-7500(277)
CALTRANS ID: 0720000254
The project is located in the City of Lancaster and the City of Palmdale, near Sierra Highway, at the railroad crossing intersection of Avenue M and both the Union Pacific Railroad (UPRR) and the Southern California Regional Rail Authority (SCRRA). The City of Lancaster is located on the north side of the Avenue M centerline and the City of Palmdale is located on the southside of the Avenue M centerline. This project will require the Consultant to coordinate with the City of Palmdale, submit for plan check, and obtain permit approval from the City of Palmdale.
Project Safety Elements, Expectations:
•
•
Pre-signal to mitigate queue on tracks
Advance preemption time to clear design vehicle from the MUTCD worst-case scenario
•
•
R3-1 blank-out signs to provide additional visual warning to right-turn motorist during crossing activation
ADA compliant sidewalks, full pedestrian treatment with pedestrian gates, emergency egress swing gates to provide pedestrian safety
•
•
Construction of center medians to the current standards Right-of-way fencing to deter trespassing
Proposed Improvements:
•
•
•
Install Pre-signal for westbound Columbia Way, and replace existing traffic signal heads to program visibility heads on the existing traffic signal mast for WB traffic.
Install train activated R3-1 No Right Turn blank-out signs on Sierra Hwy northbound signal masts.
Reconstruct the median islands:
o The east median island for approximately 30 feet.
o The west median island for approximately 175 feet.
o Islands must be a minimum often feet wide at the location of the railroad warning devices.
• Install concrete sidewalk:
o On the north side of the crossing for approximately 175 feet o On the south side for approximately 75 feet.
Install detectable warning (tactile strips) on all sidewalk approaches.
Install street lighting.
Install emergency egress swing gate and channelization in the northwest and the northeast quadrants of the crossing.
•
•
•
• Relocate and underground utilities as needed. Install road striping and CAMUTCD compliant signage.
•
•
Install pedestrian barricade on the southeast and southwest quadrants of the crossing.
Pavement rehabilitation (Non-Participating)
SERVICES TO BE PROVIDED
GENERAL
The work shall comply with the requirements of all of the following without limitation:
1. Federal laws
2. State laws
3. Local laws
4. Rules and regulations of governing utility districts
5. Rules and regulations of other authorities with jurisdiction over the procurement of products
6. Engineering standards of all with jurisdiction
7. Requirements of Caltrans Funding Agreement
TASK 1 PROJECT ADMINISTRATION AND MANAGEMENT
General
The purpose of the Project Management is to deliver projects within scope, schedule and cost, anticipate and respond to issues before they become problems, communicate effectively, manage changes, and manage risks.
The Consultant shall be responsible for project management activities throughout the life of the contract and the scope of activities includes but is not limited to, coordinating and being responsible for scheduling meetings, managing the project schedule, preparing and distributing minutes, field reviews, tracking action items for the City of Lancaster and consultant sub- contractors, and preparing all submissions for the City of Lancaster to submit to Caltrans Local Assistance.
The Consultant shall establish and apply internal accounting methods and procedures acceptable to the City and Caltrans for documenting and monitoring contract costs. The Consultant shall submit a consolidated monthly invoice for each project separately, in a format acceptable to the City and broken down in a manner consistent with the Work Plan. The Consultant shall include with the monthly invoice a progress report that reflects the work completed within the invoice period and projected action items. Payments to the Consultant are to be in arrears. The Consultant must have actually incurred and paid the costs before invoicing the City.
The Consultant shall provide all applicable documentation, mapping, plans, forms and specifications to the City that facilitate successful submittal and approval of the Caltrans Request for Authorization for each phase of work such as Right of Way, Utility Relocation and Construction.
• Stakeholder Coordination and Support
Consultant shall coordinate with various Project stakeholders on various components pertaining to the City of Lancaster portion of the overall Project. This includes:
City of Palmdale - The Consultant shall coordinate with the City of Palmdale’s Project Manager to ensure agreement and permit approval with any proposed design within their jurisdiction.
Railroads (SCRRA and UPRR) –
o The Consultant shall support the City in preparing Agreements between the City and Railroads. These Agreements are required to be executed once the design phase is completed.
o The Consultant shall coordinate with the Railroads to ensure at grade crossings are designed and in compliance with SCRRA’s and UPRR’s latest standards and design criteria. The Consultant shall coordinate with the Railroads to ensure the City’s interconnection traffic signaling system are properly designed and interconnected to the Railroads. The Consultant will confirm the City and the Railroads have agreed on the Advance Preemption Timing (APT) needed for each crossing before commencing the final design. In the preliminary project planning, the City and Railroads have already agreed to keep the APT at or close to 50 seconds of total warning time.
Caltrans – The Consultant shall support the City (as needed) in coordination with Caltrans for NEPA clearance, ROW Certification, construction authorization and the required exhibits and project documentation consistent with federal aid projects in the Caltrans Local Assistance Procedures Manual.
CPUC - It is required that the GO88 application is submitted and approved for each project before construction. The Consultant shall support the City in the GO88 application process including preparing the application, exhibits, drawings, forms, and any other information as requested by CPUC.
City of Lancaster - The Consultant shall coordinate with the following City Divisions during design or as needed: Capital Engineering Division (primary), Community Development Division (Planning Group), City Engineering Division (Traffic Engineering Group), Public Works Division, Utilities Services Division, and Parks, Recreation, and Arts Department. Any correspondence between Consultant and City employees, other than the Project Manager, shall be copied same day to the Project Manager as well as in the final deliverables. • Schedule Management Plan and Progress Report
The Consultant shall prepare and maintain a Critical Path Method (CPM) schedule for each project through the completion of the design. At the start of design, the Consultant is required to submit an electronic and hard copy of the schedule to confirm the milestone dates, detailed schedule assumptions and any additional milestones dates. The City will review and confirm if the schedule is acceptable.
The Consultant shall furnish a monthly schedule update and project status reports to the COL throughout the duration of the project. The monthly reports are critical to forecast resource needs and ensure the appropriate staff and support services are available, when needed, to deliver the project on schedule and within budget. Consultant shall promptly notify the Project Manager of any scope, schedule or budget issues that may arise. • Project Work Plan
The Consultant will prepare a Project Work Plan (PWP). The PWP shall provide details of project work tasks and how the Consultant will manage the project and accomplish the specific work tasks. The PWP shall include a proposed schedule and shall describe how the Consultant will control the schedule. The PWP shall also include a schedule recovery plan for situations when the Consultant fails to meet milestones.
In addition, the PWP shall include summary of organization responsibilities and contacts, task budgets, reporting and invoicing procedures, quality assurance plan, and project filing system.
The Work Plan shall be submitted to the City prior to the first invoice.
• Meeting and Coordinating with SCRRA, UPRR, CPUC, City of Palmdale and Caltrans The Consultant shall coordinate with the SCRRA, UPRR, CPUC, City of Palmdale and Caltrans throughout the design phases of this project, including setting up meetings to discuss the Project early on and to incorporate any design requirements SCRRA, UPRR CPUC and City of Palmdale may have for the Preliminary Design. The Consultant shall prepare meeting agenda and meeting minutes for each meeting.
Meeting Frequency:
o
o
Kick-Off Meeting: shall be held shortly after the issuance of the Notice to Proceed.
Progress and Design Coordination Meetings: shall be held monthly with all the stakeholders. Assume six (6) meetings total for each project. o Additional Meetings: shall be held as required or needed with the City, other agencies, stakeholders or utility companies.
• Quality Assurance/Quality Control (QA/QC) Plan
The Consultant is required to have an effective quality assurance/quality control process, which defines the procedures that govern the initiation, progress and execution of design work. The Consultant shall provide specific information on qualifications, experience and roles of the QA/QC manager and other personnel involved in QA/QC, and have experience in drawing checking, constructability checks, estimating and specifications.
This task is required to verify that no unsafe design changes have been made or proposed, geometric layout has not been critically altered, improvement goals are being met, economy of project is maintained, plans are consistent across improvements, there are no conflicts between trades, and construction integrity of the design is ensured. • Third Party Permits
The Consultant shall prepare for the City's signature permits to enter and any other necessary permits/right of entry from landowners for all research, such as surveying, geotechnical, and any other design-related work.
The Consultant shall also identify all third party permits that may be required to construct the project. The Consultant will prepare and submit permit applications, plans, specifications, details, and other applicable documents to appropriate local authorities for initial review during earlier design progress submittals, preferably at 60% Design submittal. All permit applications shall be prepared and submitted by the Consultant by completion of Final Design. Permits that
must be obtained prior to award of the construction project shall be secured by the Consultant in coordination with the Project Manager in advance of project advertising. • Programmatic Studies and Services
In addition to the Avenue M At-Grade Crossing, the City will design and install concurrent improvements for the Avenue K and Avenue J At-Grade Crossings, each under separate contract. The Consultant shall provide the following programmatic, corridor wide, studies and services:
1. Traffic Forecasting
2. Traffic Circulation Impact Analysis
3. Environmental Setting/Existing Conditions
a. Community and Neighborhoods
b. Biology
c. Cultural Resources
Cost shall be split and apportioned according to the approximate level of effort required for each project.
TASK 2 RESEARCH
• Records, Survey Records, Mapping and Right-of-Way (ROW) The Consultant shall obtain all records search as current sub-surface and overhead utilities, existing easements and dedications, existing right-of-way, survey records, found Monumentation, existing track alignments, existing railroad signal and communications facilities, and other existing improvements in the vicinity of the projects.
Research pertinent record maps, right of way maps and assessor parcel information to compile the right-of-way boundaries.
The City will provide copies (PDF) of available record drawings within the City archives, to include: street plans, storm drain plans for facilities and pipelines, street lighting plans, traffic signal plans, signing and striping plans, LMD, sewer, water and recycled water plans, survey notes, Monumentation notes and Engineer tie sheets.
In general, the design shall make use of existing record drawings that show the property boundaries, streets, utilities, railroad tracks and structures, and other improvements.
• Site Visit and Field Investigation/Evaluation
The Consultant will visit the project site to review existing conditions as needed. The field investigation will be used to document general alignment, visually evaluate any noticeable or potential issues that may affect the design. Data collection will include photographs and sketches to assist in design and will be provided to the City. • Utility Coordination
This task includes coordinating with all impacted utility companies. The objective of this task is to coordinate with the utility companies to obtain information on the existing utilities and facilitate any relocation of the facilities in conjunction with this project. The Consultant shall positively locate all utilities in accordance with underground utilities to determine the depth for clearance and connection points or conflicts for any underground improvements, such as gas lines, sewer lines, storm drains, or water lines.
Research all existing utilities (including dry utilities). The Consultant shall request and obtain atlas maps and record drawings from utility companies by submitting Utility Notification Letter A to utility companies as soon as the Notice to Proceed (NTP) is issued.
At 60% design phase, the Consultant shall submit Utility Notification Letter B with copies of the plans to utility companies. And at 100% design phase, the Consultant to submit Utility Notification Letter C with copies of final signed plans to utility companies.
The Consultant shall prepare a Utility Matrix which summarizes all of the utilities within the project area and identifies whether each utility can be protected-in-place or will require relocation
In addition, utilities shall be identified by the Consultant by:
o Obtaining a list of project-area facilities from Underground Service Alert (DIGALERT) at 1-800-422-4133
o Reviewing past project as-built plans.
o Conducting a field survey to locate all visible utilities and determining location of all poles, manholes, valve boxes, street and traffic lights, and appurtenances o Performing potholing as necessary
Consultant shall identify all utilities within the project footprint and any potholing needs to confirm conflicts with the Project.
• Incidental Research
TASK 3 SURVEYS AND MAPPING
The Consultant shall be responsible for data collection, mapping and surveying necessary for preliminary engineering, design, cost estimates, right-of-way impacts, and the level of environmental clearance. The scope of comprehensive base mapping and surveying includes but is not limited to Control Surveys, Aerial Photogrammetry, Limited Design Level Topographic Surveys, Right-of-Way Retracement, and a Record of Survey.
Field survey shall include all mapping and surveying tasks required to produce a complete topographic map that may be used in support of civil design of improvements at each location for this project including all extended and transition limits for the purpose of striping, signing and markings per the Master Plan for Trails and Bikeways. As a minimum, cost shall include the following:
The Consultant shall perform design surveys to conform to the Caltrans Surveys Manual. Field locate vertical and horizontal controls (monuments and benchmarks.) Perform centerline control survey. All centerline intersections, beginning and ending curves and major control points shall be found (or established if not existing) and measured. If a point must be reset to establish the centerline, a comer record and/or record of survey must be filed with the County for all set points and a copy returned to the City.
Consultant shall conduct the design surveying necessary for the final engineering work.
Topographic base map will be produced by ground survey methods. The base maps shall identify all existing street improvements, drainage structures, fire hydrants, utility facilities, landscaping, striping, markings, signs, street lights, and other appurtenant improvements in each project area.
Consultant’s survey crew shall conduct site visits to gather data and details needed to design the project. For roadway, typical cross sections shall be at 50’ intervals, and shall include, but not be limited to: top of curb, flow-line, edge of gutter, edge of pavement, lane lines, centerline, curb and medians, angle points and curb returns (BCR, ECR and quarter deltas). The latitudinal limits of the survey will be within the street right-of-way and 250’ past the intersection unless otherwise specified. For bulb-outs, Consultant shall provide radial cross sections of existing and proposed grade at BCR, ECR and quarter deltas and shall, as a minimum, extend from the ROW to the street centerline.
All elevations shall be referenced to the closest found City and County benchmark. Flow line elevations along the gutter will be included to determine the limits of removal for curb and gutter. Design cross sections shall be plotted using a 1:4 vertical and a 1:40 horizontal scale at 50’ intervals to depict proposed and existing elevations and cross slope.
Download and compute survey data and prepare an editable AutoCAD drawing file. The mapping will be compiled at a scale of 1"=40' with a 1-foot contour interval. Each surveyed feature will be clearly labeled or noted by symbol as identified in the field.
Aerial mapping will be completed for the areas impacted by the proposed improvements and cross section design surveys will be performed within the limits of existing improvements. This will provide a composite survey of the areas impacted by the project for design purposes and will provide an overall exhibit for the project.
TASK 4 GEOTECHNICAL
It is the Consultant’s responsibility to identify the need for geotechnical investigation and testing in support of their design. The geotechnical investigation will include field investigation and exploration work to obtain representative soil samples and pavement cores for use in performing soil testing and report preparation for the geotechnical analysis of the subsurface material relating to all project excavations and subgrade preparation.
In preparation for the field exploration, Consultant will notify Underground Service Alert (USA) at least 48-hours prior to commencing the field work to locate know underground utilities or services where drilling geotechnical borings.
Geotechnical results shall be well documented and presented in a report in accordance with the City of Lancaster Engineering Design Guidelines, Policies and Procedures Manual. Geotechnical report shall include recommendations for new pavement structural sections. Coring logs shall note thickness of existing asphalt concrete pavement and thickness of existing pavement section aggregate base.
The following is an outline of the work:
a. Coordination with the supervising civil engineer and City of Lancaster staff regarding the scope and schedule of Consultant’s work and select location for pavement core and soil borings.
b. Coordination with the coring contractor and traffic control personnel prior to the start of work.
c. A no fee permit shall be obtained from the City of Lancaster prior to the start of geotechnical work.
d. Coordination and Clearance with underground service alert. e. Completion of cores through the existing asphalt concrete (AC) and/or Portland cement concrete (PCC) pavements.
f. Observations and documentation of subsurface materials exposed along the alignment at each core location. Subgrade soil samples will be collected at each location for lab
testing. Collection of soils may require the use of a hand auger in order to obtain a sufficient amount of soil to perform the testing.
g. Base material and pavement cores shall be immediately replaced/repaired following observation and/or sample collection, to minimize mobilization costs. Hot mix asphalt or Caltrans Set 45 shall be used for pavement repair.
h. Temporary traffic control shall be provided in accordance with the latest California MUTCD.
i. Perform R-value and soil classification testing on soil samples at each location. j. Prepare a report providing pavement design recommendations based on R-Value test results
TASK 5 ENGINEERING PLANS, SPECIFICATIONS AND ESTIMATES
Standards Requirements
The proposed improvements shall, at a minimum, follow the City of Lancaster Engineering Design Guidelines Policies and Procedures Manual and the requirements of a federal aid project, as defined in the current Caltrans Local Assistance Procedures Manual (LAPM).
Wherever the City guidelines are absent of the latest industry updates, standards or details, Consultant shall utilize the latest Standard Specifications and Plans for Public Works Construction (“Green Book”), the Los Angeles County Department of Public Works Design Standards and Caltrans Standards. Wherever there is a conflict in design standards, Consultant shall submit a clarification in writing to the City Project Manager for direction and approval.
In most cases, the more stringent design standards shall apply.
Consultant shall refer to the City’s Master Plan of Trails and Bikeways and Complete Streets for the development of the striping, signing and marking plans.
At grade crossings shall be designed per SCRRA and UPRR crossing standards. SCRRA’s and UPRR’s standards can be found in the link below.
https://metrolinktrains.com/globalassets/about/engineering/4000-grade-xing.pdf https://www.up.com/real_estate/roadxing/industry/index.htm
5.1 Engineering Plans
The final design shall include all the tasks necessary for a construction-ready project, including design surveys; preparation of plans, specifications and estimates; utility coordination and all permitting. The Engineering plans shall include title sheets, sections and details sheet, demolition sheet, street improvement – (plan, profile and cross sections sheets), Street Lighting Plans, and Signing and Striping Plans.
Cross sections are considered necessary to design the improvements, illustrate transitions and join to existing improvements, evaluate drainage, and to accurately establish the earthwork volumes and extent of construction or reconstruction beyond the ROW lines onto private property where, and if, necessary. Cross sections shall be prepared at a scale and frequency approved by the City and detailed herein.
The following plan sheets are anticipated to be included in the design:
a. Title Sheet - Includes project information, vicinity map, location map, benchmark, sheet index and City and utility contact information.
b. Notes - Contains City’s and Engineer’s standard notes, legend, and abbreviations. c. Survey Control – Contains Surveyor’s notes and benchmark information, control data, curve and line tables, and plan showing control points and start/end construction labeled in cyan and right-of-way lines labeled in proper colors per City of Lancaster standards. d. Sections and Details - Contains typical roadway sections, sheet layouts, and details for work described on the plans.
e. Demolition Sheet - Shows items to be removed, relocated, or protected. f. Plan and Profile Sheets – For the street improvements, standard roadway plan and profile sheets shall be used. The plan view will be prepared at a scale of 1”=40' for horizontal and 1”=10’ for vertical. The plans will identify the required work to construct the improvements of this project with stations, offsets, and elevations. Utility modifications to relocate clear of the proposed improvements shall also be shown on the plan view of the sheets. Where necessary, show utility relocations in details and profiles for better clarification. Bulb-out and curb profiles shall be included. The sheets will provide the appropriate construction callouts, including limits of the project, pavement areas, curb, gutter and sidewalk, bulb-outs, ramps, driveway conforms, and other details necessary to construct the project. The plans will include sufficient detail to locate the improvements based on roadway station callouts and horizontal line and curve data. The plan will include the right-of-way clearly marked and adjacent properties identified by parcel number and property owner.
g. Construction Details – Project details will be included as necessary. Details may include pavement section details, drainage details, utility relocation details, new utility construction details, etc. for the project design. However, details may also include curb return conforms or grading details. In addition, specific design criteria will be provided to accommodate and create safe and ADA compliant pedestrian facilities. Pavement structural section shall be designed to match existing intersection pavement or based on
a resulting Geotechnical Report R-values and Testing and Traffic Index as provided by the City.
h. Storm Drainage Improvement Plans - are not expected and outside of the scope of work.
Minor adjustments and relocations to existing drainage facilities shall be included with the street improvement plans.
i. Water System Improvement Plans – are not expected and outside of the scope of work.
Minor adjustments and relocations to existing water mainline and services facilities shall be included with the street improvement plans.
j. LS-3 Rate Schedule Electrical and Street Lighting Plans - A street lighting plan shall be produced for segment of street to receive street lighting. Plans shall consist of street light type and location, conduits, pull boxes, meter boxes & meter, electrical design and ties to existing circuits or service points and shall be prepared per City of Lancaster requirements for LS-3 Rate Schedule Street Lights. SCE preliminary work order maps shall be obtained and included with 60% PS&E and updated as needed with 90% PS&E.
Street light layout shall be prepared and stamped by a licensed Civil Engineer while electrical plans shall be prepared and stamped by a licensed Electrical Engineer. Meter pedestal addresses shall be obtained from the City and included on the plans. City standard street lights, street light design and street light layouts do not necessitate photometric calculations and will not be required.
Note: Consultant shall determine if existing overhead utilities will conflict with any proposed improvements and include an SCE approved high voltage contractor in the provisions of the improvement plans, specifications and estimate. k. Striping, Signing and Marking Plans - The plans will use California MUTCD references and detail numbers, where applicable and available, and specific information to specify signing, striping or pavement markings not included in the current manual. A schedule of proposed striping and a schedule of pavement markings will be shown on the plans.
Project limits to include all required approach striping. For Signs, the size, shape, lettering type and size, colors, and symbols, to specify signs not included in the current manual. A schedule of proposed signs will be shown on the plan. Project limits to include all required approach signing.
l. Electrical and Pedestrian Signal Improvement Plans – An electrical and pedestrian signal improvement plan shall be produced for any new installations, signal upgrades, removals or relocations, luminaires, fiber-optic, pedestrian signals, pull boxes, traffic utility controllers, meter boxes, conduit, connectivity and re-wiring. Plans shall consist of plan views of proposed signal/electrical locations (scale: 1” = 20’) with pole and equipment schedules, conductor schedules, pedestrian signal and electrical general notes, signal- phase diagrams, signal standard details, construction notes, legends and details.
All electrical and pedestrian signal design work shall be done in accordance with the Caltrans Standard Specifications and Standard Plans, dated 2015 and all amendments thereto, COL Standard Plans for Traffic Signal Systems, the National Electrical Code (2020 or latest adopted addition), the National Electrical Manufacturer’s Associate (NEMA), Underwriter’s Laboratories, Inc. (UL) and marked on equipment, requirements of the servicing utility companies and requirements of Federal, State or County agencies having jurisdiction. Consultant shall coordinate with SCE, Frontier, Time Warner, City Traffic Group and any other affected utility agency or property owners to determine all needed improvements/upgrades so electrical and pedestrian signal improvement plans are total and complete. SCE Preliminary Maps are required when revising, changing or adding new points of contact for power Consultant shall add all routes necessary to accommodate all points of contact. Electrical and signal plans shall be prepared and stamped by a licensed California Electrical Engineer. Addresses for meter and/or signal controller boxes shall be obtained from the City and included on the plans.
Traffic signal plans will be prepared at a 1” = 20’ scale using field review data, proposed improvement plans, and available as-builts.
m. Miscellaneous Utility Plans – Placeholders for utility relocation and utility work order plans prepared and provided by appropriate utility company. Consultant shall coordinate and obtain any utility work order maps required and shall be included on these sheets.
5.1.1 Diagnostic Refresh and Preliminary Design and Engineering Plans (30%) The Consultant shall coordinate, schedule and attend a Diagnostic Refresh field review meeting with Caltrans, UPRR, SCRRA, CPUC, City of Palmdale, and FRA (Federal Railroad Administration) to confirm final scope of improvements prior to preparing refresh of 30% Plans. Consultant shall prepare Diagnostic Refresh meeting agenda, meeting minutes and meeting attendance sheet.
The Consultant shall prepare and submit 30% plans to include but not limited to the following:
• Confirm conceptual layout, scope of improvements, and framework of consolidated plan set.
• Determine the constructability and functional feasibility of the projects. • Establish construction centerline and stationing along the entire street alignment. • Identify Right-of-Way limits, requirements or conflict. • Preliminary typical sections.
• Coordinate with other agencies (SCRRA, UPRR, CPUC and City of Palmdale) early on to discuss and incorporate any design requirements they may have for the Preliminary Design.
• Confirm if any technical study is required for the CEQA clearance.
During this phase, the Consultant shall also provide necessary environmental support for the NEPA clearance. This will include preparing required attachments or exhibit as listed in the Preliminary Environmental Study (PES) form.
The City will review the 30% Plans and provide comments to the Consultant in three to four week-time frame.
The City will forward any addition comments from other stakeholders/agencies to the Consultant so that all comments to be addressed and incorporated in the following plans’ submittal.
5.1.2 Design PS&E (60%)
The Consultant shall prepare 60% design plan set and address all comments on the 30% plans. The 60% design submittal will include but not limited to the following:
• Horizontal control and call-outs to sufficiently layout the design elements (proposed pavement, curb, gutter, sidewalk, landscape, etc.) • Centerline profile to identify any major drainage issues for locations that require street widening (i.e., low points).
• Critical elevations, offsets and dimensions.
• Confirm and prepare final Right-of-Way requirements map for project limits. • Incorporate Geotechnical findings, potholing information. Potholing information shall be submitted to the City after completion of this task. If an area of possible conflict was not potholed, the Consultant shall pothole the area to verify the conflicts at no additional cost to the City. The Consultant shall depict existing utilities on plans for any necessary utility relocation. • Traffic Signal plans and Signing and Striping plans
• Confirm with other agencies (SCRRA, UPRR, CPUC and City of Palmdale) have agreed to the design approaches in order to advance to final design. • Confirm/identify conflict and affected utilities. Confirm with affected utility companies by coordinating and sending Letter B as stated under Task 2-Utility Coordination.
• Identify all third party permit requirements.
• Prepare and submit CEQA clearance application.
• Continue to support the City on the NEPA approval.
The Consultant shall prepare and submit a draft specifications and preliminary cost estimate per section 5.2 and 5.3 below.
The City will review the 60% Plans, draft Specification and Cost Estimate and provide comments to the Consultant in three to four week-time frame.
5.1.3 Pre-Final Design PS&E (90%)
The Consultant shall address all comments per 60% design review and prepare the submittal documents to a 90% level of design. Some components of the design may be progressed to 100% design. The submittal documents shall include plans, draft specifications and cost estimate.
The City will review and determine if the submittal is acceptable to proceed to the Final design (100%). If the Pre-Final Design (90%) submittals (plans, specifications and cost estimate) found to contain errors, omissions, deficiencies, incomplete, poor quality or poorly coordinated work, etc., the City will require the re-submittal of the Pre-Final Design (90%) for a second review. The Consultant shall be responsible for promptly revising and correcting those errors, based on the second review, at no additional cost to the City.
The Pre-Final Design (90%) shall include but not limited to the following:
• All final design has been confirmed and agreed with all the stakeholders. • All required Right-of-Way impacts are identified (including temporary easements, acquisitions).
• All required utility conflicts are identified (protection or relocation). • CEQA and NEPA Clearance approved.
• Right-of-Way Certification should have been submitted for approval. • Specifications and Cost Estimate are completed at 90% level. • Third party permit applications are complete.
5.1.4 Final Design PS&E (100%) Signed for Bid
The Consultant shall address all comments per (90%) review and incorporate any additional final comments for the 100% design. The Consultant shall ensure all agency comments are addressed before signing the final plans. The 100% design documents will include plans, estimates and final specifications and be ready for bidding and construction.
5.2 Specifications
The City shall prepare the main body of the specifications (boiler plate); specifications expected from the Consultant shall be limited to details, cut sheets and written specifications beyond those provided in the Green Book and required Federal-Aid Contract Language that must be incorporated into the construction contracts. Draft specifications shall be provided with plan submittals as noted in Task 5.1.
5.3 Cost Estimate
The Consultant shall compile and prepare the Cost Estimate based on all biddable construction items identified in the design package and consistent with the latest City bid forms. The estimated quantities shall be arranged and grouped as agreed with the City Project Manager. Computations showing estimated quantities and costs for each location of work, as well as the sum totals, shall be submitted to the City. Cost Estimates shall be provided with plan submittals as noted in Task
5.1. Quantities and costs shall be updated and in agreement with each plan submittal.
5.4 Submittal Requirements
The Consultant shall submit PS&E for City review as noted in Task 5.1. Submittals shall be electronic PDF format and shall include previous check prints.
The design drawings should be as complete, accurate, and error-free as possible prior to submittal.
Likewise, for Reports, Special Provisions, Cost Estimates, etc.
The Consultant shall, at no additional cost to the City, correct errors, omissions, and unworkable and/or improper design/drafting on the original drawings subsequent to the completion of the plan checking process.
Reports, Plans, Specifications, and Estimate shall be in English units and must conform to Caltrans, Federal, City, and County standards, regulations, policies, procedures, manuals, and practices. The Consultant shall provide clear, concise, and complete plans, specifications and cost estimates. The Consultant shall include other details that are of benefit to and/or requested by the City, such as details of private improvements to be constructed, reconstructed, or relocated, consisting of driveways, landscaping, irrigation, fences, etc.
All drawings shall be prepared in AutoCAD per City Standards and deliverables shall be in accordance with the City’s CAD Deliverables Standard.
TASK 6 CALTRANS SUPPORT
6.1 Environmental Clearance
CEQA: The Consultant shall provide service for CEQA clearance includes preparing technical studies (if required) and filing documents. It’s anticipated that these projects would qualify as CEQA Exemption.
NEPA: The Consultant shall support in preparing draft Preliminary Environmental Study (PES) form and providing required exhibits or attachments as listed in the PES form. Caltrans will lead
the NEPA evaluation and provide NEPA determination. It’s anticipated that these projects would qualify as Categorical Exclusion (CE).
6.2 Right-of-Way (ROW) Certification
The City will take the lead in preparing the ROW certification package for Caltrans acceptance. It is assumed that Caltrans Exhibit 13-B will be required. The Consultant shall provide the following:
• Coordination with the Railroads to confirm any ROW conflict • Caltrans Exhibit 14-D_Notice to Owner, for each affected utility company • Copies and record of Utility Notification Letter A, B, C • Utility adjustments/relocations summary (for Caltrans Exhibit 13-B) • Copies of Utility coordination notes/diary, communications, logs etc. to be kept and maintained per Caltrans LAPM Chapters 13 and 14.
• Stamped and signed exhibit maps and plans as needed to accompany Caltrans submittal for ROW Certification.
CERTIFICATION”
Stamped and signed plans shall be labeled “FOR ROW
If during ROW Certification review additional utility notifications are required and/or additional notes are required on the plans, the Consultant shall comply and provide additional documentation and plan revisions, as needed at no additional cost to the City. As a minimum, plans and maps for ROW Certification shall include and address the following:
• Begin and end limits (start and end) for construction for all components of work shall be clearly labeled in cyan with stationing listed.
• Existing ROW shall appear in red and shall be clearly labeled, “Existing City Right-of- Way”.
• Proposed ROW shall appear in green and shall be clearly labeled, “Proposed City Right-of-Way” (if same as existing, shall appear red).
• Utilities and appurtenant facilities to be relocated, removed and/or to remain and protected in place shall be clearly labelled.
• Service facilities shall be clearly identified as such to differentiate them from mainline utility facilities (i.e. meter boxes, fire hydrants, etc.) • All sheets shall include the following, “All work to be in City of Lancaster Right-Of-Way”.
The Consultant shall be responsible for obtaining the latest versions of all required Caltrans’ Exhibits as stated above, from Caltrans, Local Assistance website.
6.3 Request for Authorization (RFA) for Construction
The City will take the lead in preparing Caltrans Request for Authorization to Proceed with Construction submittal package; however, the Consultant shall provide supporting data and
documentation the City needs to complete Caltrans forms. Data and documentation need shall support the completion and submittal of the following items, but is not limited to:
• 100% cost estimate for construction for participating and non-participating items • DBE Implementation Agreement (Exhibit 9-A)
• PS&E checklist, stamped and signed (Caltrans Exhibit 12-D) • Local Agency Contract Administration checklist (Caltrans Exhibit 15-A) • 100% stamped and signed plans labeled “FOR CONSTRUCTION AUTHORIZATION (RFA)”
• 100% Specifications per section 5.2 above.
If during RFA review, revisions to plans and specifications are required, Consultant shall comply as directed by the City and construction cost estimates shall be adjusted accordingly.
TASK 7 DELIVERABLES
Consultant shall provide to the City deliverables in hardcopy and electronic format for all phases shown below and as detailed in the Capital Program Division’s Standards for CAD Deliverables, WORD (Specifications) and EXCEL (Estimate) files. Provide hard copies in numbers as stated.
Cost of the following deliverables shall include reimbursable costs including but not limited to shipping, supplies, etc.:
7.1 Project Administration and Management
a. PDF of Work Plan
b. PDF and MICROSOFT PROJECT PROFESSIONAL FOR GANTT CHART of Detailed Critical Path Project Schedule
c. PDF of Kick-off Meeting (Agenda and Minutes)
d. PDF of Progress Meetings (Agenda and Minutes for 30%, 60% and 90%) e. PDF of Progress Meetings (100% PS&E’s Bid Set and closing items) f. PDF of all Utility Contact Logs, Utility Meetings, Coordination Calls/Emails, and Correspondence
g. PDF and WORD file of Notification Letter(s) A
h. PDF of Permit Documentation/Correspondence/Notices
7.2 Research
a. PDF of all record maps not issued by City (street, storm, sewer, electrical, etc.) b. PDF of all Utility atlas/utility record maps issued through Letter A, B & C process c. PDF of all of survey records, tie sheets, field books, monument records, etc. (not d. provided by City)
e. PDF of boundary and ROW maps obtained
f. PDF of Site Visit and Field Investigation Notes
g. Field pictures
h. PDF of all record maps, vesting deeds and Assessor Parcel information (not provided by City)
i. PDF of all incidental research documents (not provided by City)
7.3 Surveys and Mapping
a. PDF plot of the topographic mapping/survey control signed and sealed by a California Licensed Land Surveyor. If the survey and mapping work are more than two (2) sheets, then one (1) electronic copy per the City’s Standards for CAD Deliverable. b. Consultant shall provide to the City deliverables in hardcopy and electronic format as detailed in the Capital Program Divisions Standards for CAD Deliverables c. A USB flash drive containing digital photos taken during the field survey d. PDF of all maps/exhibits/data obtained during the course of the survey e. Excel file and PDF of list of APN’s and identification of areas where ROW acquisition will be needed.
f. A USB flash drive containing copies of all survey records from tie sheets, field books and monumentation recovery notes not issued by City (if recording of monumentation was required during the course of the fieldwork).
g. PDF of all geotechnical documents, reports, field samples, photos and correspondences h. PDF of all potholing documents, reports, photos and correspondences i. Geometric Layout Traffic Analysis Report
j. Electronic design file (AutoCAD 2010) containing the Geometric Layout tasks described herein such as the horizontal design (curbs and striping) with typical notes and layers identifying the critical design parameters and truck templates as well as the placements and recommendation notes on the signing, striping, lighting, CID grading, landscaping parameters, circulatory cross slopes, and other tasks noted. k. Geometric Layout Supplementary Signing Report containing additional design information and placement of the recommended signing for this project. l. Geometric Layout Supplementary Landscaping Report containing additional information and placement of the recommended landscaping parameters for this project.
m. Geometric Layout QA/QC review notes, as warranted, by the review and assistance to City of PS&E documents.
7.4 Geotechnical
a. PDF and (2) hard copies of the Geotechnical report.
7.5 Engineering Plans, Specification and Estimate
a. 30% Design: PDF and (3) hard copies of Plan set.
b. 60% Design: PDF and (3) hard copies of Plan set, Specs and Estimates.
c. 90% Pre Final Design: PDF and (3) hard copies of Plan set, Specs and Estimates. d. 100% Final Design: Stamped and Signed PDF and (3) hard copies of Plan set, Specs and Estimate/Bid Schedule.
e. PDF and WORD file of Notification Letter(s) (A, B and C) TASK 8 TRAFFIC CIRCULATION IMPACT ANALYSIS
Based on the proposed improvements listed herein and conceptual exhibits provided at the end of this attachment, the Consultant shall develop and conduct a comprehensive traffic operational analysis for each project including, but not limited to the following:
• Impact of the pre-signal on traffic circulation, capacity, delay, queue, and traffic signal operations. Conduct a close examination on how the pre-signal will impact the westbound right turn movements and eastbound queues.
• Assess impact on adjacent signalized intersections at Sierra Highway and Division Street. • Assess traffic signal phasing operation.
• Recommend mitigation measures.
• Recommend other design options.
• Recommend grade crossing and intersection operation enhancement options.
TASK 9 CONSTRUCTION SUPPORT SERVICES
Consultant shall provide construction support services of these projects during construction.
Services shall include, but will not be limited to the following:
• Attend pre-construction meeting/conference.
• Provide project management and coordination (including external Stakeholders). • Review contractor’s construction submittals for conformance with the contract documents. • Provide engineering assistance related to Change Orders and Change Order Memoranda on a time and material basis. Consultant time and expenses to address design errors and oversights shall not be compensated by the City.
• Review and respond to contractors’ Request for Information (RFI). • Consultant shall be responsible for keeping records and organizing construction submittals and RFI. These records will be delivered to the City during the closeout of the project. • Assist the City Construction Manager with inspection of constructed facilities as needed. • Assist the City Construction Manager with development of “punch list” as needed. • Consultant shall prepare as-builts drawings from the contractor mark ups, submittals and other supplied information. Consultant shall also perform a cursory review of the Railroads’ as-built plans to ensure all changes have been addressed on the final as-built plans. Consultant shall submit a draft as-built plans for review and approval before it’s signed.
Construction services shall be in accordance with City policies and Procedures and Caltrans Construction Manual.
SCHEDULE
Milestone schedule shall be as listed below:
MILESTONES DATES*
November 2023
December 2023
December 2023
Railroads and City Agreements Executed
100% PS&E
CPUC- GO88B Executed
* City and Stakeholder’s review periods shall be a minimum of four (4) weeks and are included in this schedule; no additional time will be awarded for allowable time with City.
Scope of Work Adjustments
The Kimley-Horn team will complete surveys, geotechnical site investigations, right-of-way support, and environmental documentation for the rail corridor and intersections along Sierra Highway using a broader program approach to allow efficiencies in coordination, development, environmental clearance, final design and construction of the individual crossings to ensure consistency and allow for improved coordination to help reduce duplication of effort. This approach will help provide efficiencies by combining aerial mapping flight mobilization and preparation, Geotechnical Materials Reports, and helping to streamline the environmental process by preparing combined technical studies to support all three of the crossing improvements. . This allows for combined field reviews, research efforts, document preparation, and document reviews. The City will benefit from an economy and can manage all three of the crossing projects together as a program to help scale related cost and schedule coordination.
The Scope of Work and Project Deliverables will be per Exhibit “A” in Appendix B of the City’s Request for Qualifications with the following additional considerations. The Kimley-Horn team proposes the scope with the following considerations:
For Task 1 (General), the Kimley-Horn team will discuss project issues with the City to develop agreed- upon solutions prior to major milestone submittals (30% Preliminary Design and Engineering Plans, 60% Design PS&E, 90% Pre-Final Design PS&E, and 100% Final Design PS&E) and incorporate those solutions into each milestone submittal.
For Task 1 (Third Party Permits), the Kimley-Horn team will identify third party permits needed with utility and local agencies and stakeholders to construct the project. Potential regulatory permitting is included in task 6 as optional as they may not be needed.
For Task 2 (Records, Survey Records, Mapping, and ROW), the Kimley-Horn team will obtain records for sub-surface and overhead utilities, existing easements and dedications, existing right-of-way, survey records, found monumentation, existing track alignments, existing railroad signal and communication facilities within the project limits.
For Task 2 (Utility Coordination), the Kimley-Horn team will coordinate with utility companies that have existing facilities conflicting with the proposed improvements and positively locate utilities within the project limits that are identified as potential conflicts in the 30% Preliminary Design and Engineering Plans deliverable.
Adding Task 1.8 Railroad Agreements, The Kimley-Horn team will coordinate with UPRR and SCRRA to develop new railroad agreements and provide required exhibits and documentation.
For Task 3 Surveys and Mapping, the Kimley-Horn team will develop plat and legal descriptions (assume 6) for proposed dedications of right-of-way from UPRR and/or LA Metro to the City of Lancaster where there is proposed sidewalk.
For Task 5 Engineering Plans, the Kimley-Horn team will provide one submittal each for Preliminary Design and Engineering Plans (30%), Design PS&E (60%), Pre-Final Design PS&E (90%), and Final Design PS&E (100%) Signed for Bid. The Kimley-Horn team is available to provide additional submittals under an additional scope of work and budget.
1 For Task 6.1 Environmental Clearance, the Kimley-Horn team will provide technical studies (Biological Resources: Natural Environment Study, Hazards, and Hazardous Materials: Phase I Initial Site Assessment, Cultural Resources, and Historic Resources) that will support both CEQA/ NEPA Environmental Clearance.
It is assumed that Caltrans will not be conducting technical studies and the Kimley-Horn team will provide Section 106 documents, hazardous materials studies, and other technical studies that would be required for issuance of the NEPA CE. Caltrans is the NEPA Lead Agency and will prepare the NEPA CE, but the Kimley-Horn team will expect to prepare the PES and technical studies to support the documents. All technical studies required for NEPA approval would be completed by the Kimley-Horn team in accordance with the Caltrans’ Standard Environmental Reference (SER) guidelines and Local Assistance Procedures Manual (LAPM) and will be combined into one technical study to support each project.
Aquatic Resources Delineation (Optional Task) - It is assumed a single technical study can be prepared to include all three intersection projects. Based on initial research, it appears there may be wetlands within the project area in the drainage ditch; however, this will be verified during field surveys. If required, the Kimley-Horn team will conduct an Aquatic Resources Delineation (ARD) to support the CEQA/NEPA and regulatory permitting process.
The Kimley-Horn team will delineate wetlands and other waters of the state. The Kimley-Horn team will identify wetlands, ordinary high-water mark, and other jurisdictional limits within the project area. The presence or absence of wetlands will be verified through the presence of hydrologic conditions, hydrophytic vegetation, and hydric soils pursuant to the United States Army Corps of Engineers (USACE) 2008 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region and its 1987 Corps of Engineers Wetlands Manual. The spatial limits of all wetlands and/or other waters of the state will be mapped according to USACE’s minimum mapping standards and current Regional Water Quality Control Board (RWQCB) and California Department of Fish and Wildlife (CDFW) definitions.
The Kimley-Horn team will summarize the existing regulatory setting, project area conditions, and delineated wetlands and waters of the state in an ARD report. The report will be used to (1) assist the design team in avoiding impacts to jurisdictional areas; (2) provide the jurisdictional information necessary for the supporting project environmental documentation; and (3) support the regulatory permitting process.
Deliverables: One electronic copy of the draft and final Aquatic Resources Delineation for all three intersection projects combined
Endangered Species and Consultation (Optional Task)
Federal Endangered Species Act Consultation - Under the Federal Endangered Species Act (FESA), if the project may affect a listed species or designated critical habitat, Section 7 consultation with the USFWS is required. Project-level surveys are required to determine the potential for state-listed species to be in the project area, including the federally threatened desert tortoise. If required, Kimley-Horn team will prepare the Section 7 Consultation initiation package, including the Biological Assessment, and will coordinate as needed for review and submittal of the Section 7 consultation initiation package to USFWS. If requested, the Kimley-Horn team will attend internal meetings and/or agency meetings held as part of the consultation process.
California Endangered Species Act - Under the California Endangered Species Act (CESA). If the project may result in take of a listed species, consultation with the California Department of Fish and Wildlife (CDFW) would be required. Project-level surveys are required to determine the potential for state-listed 2 species to be in the project area, including the state threatened desert tortoise and Mojave ground squirrel. If required, the Kimley-Horn team will prepare the request for a Consistency Determination or Incidental Take Permit and will coordinate as needed for review and submittal of the consultation initiation package to CDFW. The Kimley-Horn team will also coordinate to complete the CESA consultation process. If requested, the Kimley-Horn team will attend internal meetings and/or agency meetings held as part of the consultation process.
The Kimley-Horn team will provide ongoing support to the city to streamline the FESA and CESA consultation processes, including preparation of supplemental information requested by any of the agencies. The Kimley-Horn team will also provide technical assistance to the design engineers and City to refine impact avoidance, minimization, and mitigation measures, as required by resource agencies to reduce project impacts on listed species to the maximum extent feasible.
Deliverables: One electronic copy of the draft and final FESA/CESA consultation packages for all three projects combined to obtain the 1602 Streambed Alteration Agreement.
One electronic copy of the draft and final 1602Streambed Alteration Agreement Notification Package and Waste Discharge Requirements application package for all three projects combined
Regulatory Permits (Optional Task) - If work in the drainage is necessary, regulatory permitting may be required. Because the drainage within the project area is not a traditional navigable waterway, a tributary to such waters, or adjacent as defined by the United States Army Corps of Engineers (USACE), it is not expected to fall under their jurisdiction. Therefore, a Section 404 permit from the USACE will not be required for the project.
Waste Discharge Requirements under the Porter-Cologne Act The Porter-Cologne Act establishes state policy on water quality control. The Regional Water Quality Control Board (RWQCB) has jurisdiction over waters of the state under the Porter-Cologne Act. Waste Discharge Requirements are required for activities that could affect the quality of waters of the state within non-federal waters. Dredge or fill activities with the potential to affect water quality must comply with Waste Discharge Requirements issued by the RWQCB. The RWQCB typically takes jurisdiction over all surface and ground waters in the state of California; therefore, the drainage is waters of the state and Waste Discharge Requirements are anticipated. The Kimley-Horn team will prepare an application for Waste Discharge Requirements for submittal to the RWQCB. The application will include location information, a description of the discharge, best management practices to minimize impacts, a site map, and other pertinent project information, as required by the RWQCB.
Section 1602 Streambed Alternation Agreement
Section 1602 of the California Fish and Game Code requires submittal of a Lake or Streambed Alteration Notification to CDFW for any activity that may substantially divert or obstruct the natural flow or substantially change the bed, channel, or bank of any river, stream, or lake. Streams (and rivers) are defined by the presence of a channel bed and banks and at least an intermittent flow of water; therefore, the drainage within the project area is expected to fall under CDFW jurisdiction. The Kimley-Horn team will prepare a Lake or Streambed Alteration Notification package for submittal to the CDFW. The notification will include a brief description of the project, identify best management practices that will be employed, and other pertinent project information, as required by the CDFW. The Kimley-Horn team will coordinate with the city and the CDFW if required.
3 Additional Studies/Investigations - The Kimley-Horn team will include potholing (assume 15), support for right-of-way dedications, and structural pavement investigations under this task. Right-of-way dedications support will include procurement and review of preliminary title reports, preparation of dedication letter with easement deed, support negotiations between the Owner and the City, and submittal of deed to the City for acceptance. Structural pavement investigations will be in the form of testing, analysis, and rehabilitation design along the existing travel lanes east and west of Avenue J at-grade crossing to probable improvement strategies in conjunction with developing, where feasible, cost effect design alternatives for structural improvements with designed structural replacement sections in accordance with the California Highway Design manual for Flexible Pavement and Roadway Rehabilitation. 4 STATEMENT OF QUALIFICATIONS, RFQ #787-23 FOR DESIGN SERVICES FOR Avenue M, K, J At-Grade Crossings
Matt Stewart, P.E., Traffic/Lighting Design. Matt has experience in traffic engineering, transportation planning, and traffic safety analysis. His experience includes data analysis, traffic signal operations and design, and traffic impact analysis. Matt has worked on several traffic signal synchronization projects in Los Angeles, Ventura, and Orange Counties.
Stephanie Wagner, PLS, Survey. Stephanie is a well-known leader in the civil engineering and land surveying professions. She is the dedicated founder of her firm and has managed civil design and construction surveys for LAUSD, Caltrans, Metro, Alameda Corridor East, City and County of Los Angeles, and numerous other municipalities. She has a diverse project and task management background with over 40 years of experience. Her knowledge in mapping and field survey formats, boundary establishments, datum compatibility, and design and construction methods are an invaluable asset.
Mike Kapuskar, P.E., G.E., Geotechnical. With 34 years of experience, Mike’s responsibilities include project procurement and management, overseeing geotechnical investigations, laboratory testing, foundation analysis and design, report preparation, and construction support. His experience includes more than 300 bridge, rail, tunnel, port, roadway, channel, off-shore, and storm water pollution management projects. He is experienced with Lancaster, County of Los Angeles, Caltrans District 7, and railroad agency procedures, design codes, and review processes as well as FHWA and AASHTO/LRFD codes.
Erinn Silva, Environmental. Erin has worked on public and private projects throughout California since 2003. At GPA, she oversees preparation of all levels of technical study and environmental documentation, leads coastal permitting efforts through local agencies and the California Coastal Commission, and manages the environmental process for various phases of highly complex transportation projects, specifically in Caltrans Districts 3, 5, 6, 7, 8, and 12. She has experience in directing, researching, writing, and editing environmental documents pursuant to both NEPA and CEQA, with a focus on compliance with Caltrans’ Standard Environmental Reference and Local Assistance Procedures Manual requirements. Much of her experience is related to local transportation projects processed through Caltrans’ Local Assistance Program.
Kelly Dewitt, Right-of-Way. As a right-of-way project manager, Kelly provides extensive experience in right-of-way acquisition, real estate transactions, and the mortgage industry, including a solid background in the escrow process. He brings to the OPC team over 35 years of real estate experience, including title research of real property pertaining to Resolution of Liens. Kelly is knowledgeable of both federal and state regulations relating to the acquisition process. He is proficient in the preparation of acquisition and relocation documents needed for resolution and closure of acquisition and relocation cases. 3b. Team Organization Chart
PROJECT MANAGER
Bob Blume, P.E.
QC/QA
Kevin Aguigui, P.E., T.E., E.E., CSEP
RAIL SPECIALIST
Brent Ogden, P.E., T.E., PTOE
DEPUTY PROJECT MANAGER/
ENGINEERING LEAD
Eugene Huang, P.E.
DESIGN LEAD DESIGN LEAD DESIGN LEAD
Yiota Georgalis, P.E. Brandon Friedman, P.E. Clarissa Stevenson, EIT
TRAFFIC LEAD
Sri Chakravarthy, P.E., T.E.
TRAFFIC ANALYSIS
Sowmya Chandrasekhar, P.E.,
T.E., PTOE
TRAFFIC/LIGHTING DESIGN
Matt Stewart, P.E.
SUPPORT SERVICES
SURVEY
Stephanie Wagner, PLS
GEOTECHNICAL ENVIRONMENTAL RIGHT-OF-WAY
Kelly Dewitt1 Mike Kapuskar, PE, GE2 Erinn Silva 3 4
Subconsultants:
1. Wagner Engineering & Survey, Inc. (DBE) 2. Earth Mechanics, Inc. (DBE) 3. GPA Consulting (DBE) 4. Overland, Pacific, & Cutter (OPC Services, LLC) City of Lancaster . RSRD96005.2023 . ꢀ8
City of Lancaster
Avenue K Grade Crossing
ID Task
Mode
Task Name Duration Start Finish Predecessors Qtr 3, 2023 Jul
Qtr 4, 2023 Qtr 1, 2024
May Jun Aug Sep Oct Nov Dec Jan Feb Mar
1 Notice to Proceed 0 days Mon 6/12/23
Mon 6/12/23
Mon 6/12/23
Mon 6/12/23
Fri 6/16/23
Mon 6/12/23
Thu 2/15/24
Mon 6/12/23
Fri 6/16/23
6/12
2 TASK 1: Project Administration and Management
Kick-Off Meeting
179 days
0 days3 1 6/12
4 Develop Project Work Plan
Field Diagnostic Meeting
City and Stakeholder Coordination Meetings
City Progress Meetings
5 days 3
5 0 days Fri 6/16/23 4 6/16
6 179 days
179 days
179 days
179 days
120 days
145 days
3 days
Mon 6/12/23
Mon 6/12/23
Mon 6/12/23
Mon 6/12/23
Mon 6/12/23
Mon 6/12/23
Mon 6/12/23
Wed 6/14/23
Mon 6/12/23
Tue 10/3/23
Fri 12/29/23
Wed 10/4/23
Mon 6/12/23
Mon 6/12/23
Mon 6/12/23
Mon 6/19/23
Mon 6/12/23
Mon 6/12/23
Mon 6/26/23
Wed 6/21/23
Wed 6/21/23
Wed 6/21/23
Wed 8/2/23
Fri 8/4/23
Thu 2/15/24
Thu 2/15/24
Thu 2/15/24
Thu 2/15/24
Fri 11/24/23
Fri 12/29/23
Wed 6/14/23
Wed 6/14/23
Fri 6/16/23
3,68FF
3,68FF
3,68FF
3,68FF
3 7
8 Project Management
9 QC/QA
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 Permits
TASK 2: Research
Obtain As-Built Drawings/ROW Maps/PTRs
Field Walk
3 0 days 12
3 6/14
Utility A Letters 5 days
Utility B Letters 0 days Tue 10/3/23
Fri 12/29/23
Tue 10/10/23
Tue 6/20/23
Fri 6/16/23
39 56
15 10/3
Utility C Letters 0 days 12/29
Potholing Investigations
TASK 3: Surveys and Mapping
Aerial Topography
5 days
7 days
5 days 3
Design Topographic Surveys
Base Mapping Development
TASK 4: Geotechnical
5 days Fri 6/16/23 3
2 days Tue 6/20/23
Fri 7/7/23
20,12,14
20 days
10 days
10 days
138 days
50 days
30 days
2 days
Geotechnical Field Investigations
Pavement Design Recommendations
TASK 5: Engineering Plans, Specifications, and Estimates 30% Plans and Estimates
Draft 30% Plans
Fri 6/23/23 3
Fri 7/7/23 23
Fri 12/29/23
Tue 8/29/23
Tue 8/1/23 21
Draft 30% Estimate Thu 8/3/23 27
Internal 30% QC 1 day Fri 8/4/23 28
30% QC Revisions 2 days Mon 8/7/23
Tue 8/8/23
Tue 8/8/23 29
Submit 30% P&E to City 0 days Tue 8/8/23 30 8/8
30% P&E City Review 15 days
0 days
Wed 8/9/23
Tue 8/29/23
Wed 8/30/23
Wed 8/30/23
Wed 9/27/23
Fri 9/29/23
Tue 8/29/23
Tue 8/29/23
Wed 10/25/23
Tue 9/26/23
Thu 9/28/23
Fri 9/29/23
31,64
3230% P&E Comments Resolution Meeting
60% Plans, Specs and Estimates
Draft 60% Plans
8/29
41 days
20 days
2 days
33 35
36 37
38 39
40 41
Draft 60% Estimate and Specifications
Internal 60% QC 1 day
60% QC Revisions 2 days Mon 10/2/23
Tue 10/3/23
Wed 10/4/23
Tue 10/24/23
Wed 10/25/23
Thu 10/26/23
Thu 10/26/23
Thu 11/16/23
Mon 11/20/23
Tue 11/21/23
Wed 11/22/23
Thu 11/23/23
Wed 12/13/23
Thu 12/14/23
Fri 12/15/23
Fri 12/15/23
Thu 12/28/23
Fri 12/29/23
Fri 12/29/23
Mon 6/12/23
Mon 6/12/23
Mon 6/12/23
Mon 11/13/23
Fri 12/29/23
Mon 1/1/24
Wed 6/28/23
Wed 6/28/23
Tue 10/3/23
Tue 10/3/23
Tue 10/24/23
Tue 10/24/23
Wed 10/25/23
Thu 12/14/23
Wed 11/15/23
Fri 11/17/23
Mon 11/20/23
Wed 11/22/23
Wed 11/22/23
Wed 12/13/23
Wed 12/13/23
Thu 12/14/23
Fri 12/29/23
Wed 12/27/23
Thu 12/28/23
Fri 12/29/23
Fri 12/29/23
Fri 1/26/24
Fri 11/10/23
Fri 11/10/23
Fri 12/29/23
Fri 12/29/23
Fri 1/26/24
Submit 60% PS&E to City
60% PS&E City, SCRRA, UPRR, CPUC Review
60% PS&E City Comments Resolution Meeting
60% PS&E RR Comments Resolution Meeting
90% Plans, Specs and Estimates
Draft 90% Plans
0 days 10/3
15 days
0 days 10/24
1 day
36 days
15 days
2 days
42,17
44Draft 90% Estimate and Specifications
Internal 90% QC 1 day 45
90% QC Revisions 2 days 46
Submit 90% PS&E to City
90% PS&E City, SCRRA, UPRR, CPUC Review
90% PS&E City Comments Resolution Meeting
90% PS&E RR Comments Resolution Meeting
100% Plans, Specs, and Estimates
Address 90% City Comments
Internal 100% QC
0 days 47 11/22
15 days
0 days
48 49 12/13
1 day 50
11 days
9 days 51
53 54
55 1 day
100% QC Revisions 1 day
Signed 100% PS&E 0 days 12/29
12/29
TASK 6: Caltrans Support
CEQA Clearance
165 days
110 days
110 days
35 days
0 days
3 NEPA Clearance 3
RFA For ROW 59
ROW Certification 60
Request for Authorization (RFA)
TASK 8: Traffic Circulation Impact Analysis
20 days
75 days
67,61,56,58,59,66
Tue 10/10/23
Tue 8/8/23Draft Traffic Circulation Impact Analysis (submit with 30% 30 days P&E)
21,31FF
33,39FF65 Final Draft Circulation Impact Analysis (submit with 60% PS&E)
30 days Wed 8/30/23 Tue 10/10/23
66 67
68 69
Railroads and City Agreements
CPUC-GO88B
25 days
85 days
0 days
Thu 10/26/23
Wed 8/30/23
Fri 1/26/24
Wed 11/29/23
Tue 12/26/23
Fri 1/26/24
42 33
62 68
Construction Authorization
Advertise
1/26
30 days Mon 1/29/24 Fri 3/8/24
Task Milestone Summary Progress Critical
EXHIBIT "B"
TERM, PAYMENT AND TIME FOR COMMENCEMENT AND COMPLETION CLAUSE Term
This Agreement shall become effective and shall be in full force and effect upon the execution of the Agreement by the City and the CONSULTANT. This Agreement shall continue in full force and effect for a period of three (3) years from the effective date of the Agreement (the “Term), unless the Agreement is sooner terminated in accordance with the Terms and Conditions in the Agreement; provided, however, that the City and the CONSULTANT may mutually agree in writing to extend the Term of this Agreement.
Payment
The City of Lancaster shall reimburse the CONSULTANT for actual costs, including labor costs and employee benefits incurred by the CONSULTANT in performance of the work, in an amount not to exceed $848,007.42. Actual costs shall not exceed the estimated wage rates and other costs as set forth in the CONSULTANT’S proposal. Source documentation supporting billed costs must be submitted with invoice. CONSULTANT shall provide a cost breakdown with hourly rates for each office and field function in the event that additional work is required beyond the not to exceed amount specified above.
Any additional work will require a separate Authorization for Consultant Services signed by both parties.
CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by the City of itemized invoices. Invoices shall be submitted no later than forty-five (45) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project, as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference this contract number and project title. Final invoice must contain the final cost and all credits due City. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work.
Consultant shall not be reimbursed for actual travel expenses incurred in the performance of the work.
Time for Commencement and Completion
CONSULTANT shall commence performance of the work no later than three (3) calendar days following issuance of Notice to Proceed. It is anticipated that performance of the work will be completed by June 30, 2025. In no event shall performance of the work be completed later than June 30, 2025, without the prior written authorization of the City. If Consultant fails to complete the work in this time period, City may avail itself of any and all remedies provided for in this Agreement.
Robert D. Blume, P.E., Vice President
Kimley-Horn and Associates, Inc.
PW-125 (1/14)
Design Seꢀices
PWCP 23-001 Avenue M Cꢁssing
FORM B: COST PROPOSAL*
TASK
NO. DESCRIPTION PRICE
$156,975.311. PROJECT ADMꢀISTRATION AND MANAGEMENT
1.1Project Management and Coordination
1.2 Stakeholders Coordination and Support
1,3 Schedule Management Plan & Progress Report
1.4 Project Work Plan
1.5 Meetings and Coordination
1.6 Quality Assurance & Quality Control Plan
1.7 Third Party Permits
1.8 Railroad Agreements
2. RESEARCH $ 3ꢀ55.51
2.1 Records, Survey Records, Mapping and Right-of-Way (ROW)
2.2 Site Visit and Field Investigation/Evaluation
2.3 Utility Coordination
2.4 Incidental Research
3. 4.
SURVEYS AND MꢁꢂPꢀG
GEOTECHNICAL
$ 91,016.74
$ 12,263.57
$ 280,099.945. ENGINEERING PS&E
5.1 Engineering Plans
5.1.1 Diagnostic Refresh & Preliminary Design (30%)
5.1.2 Design PS&E (60%)
5.1.3 Pre-Final Design PS&E (90%)
5.1.4 Final Design PS&E (100%) Signed for Bid
5.2 Specifications
5.3 Cost Estimate
5.4 Submittal Requirements
6. CALTRANS SUPPORT $106,735.41
44,581.14
6.1 Environmental CEQA and NEPA Clearance
6.2 Right ofWay (ROW) Ce1iification
6.3 Request for Authorization (RFA) for Construction
7. DELIVERABLES $
8. TRAFFIC CꢃCULATION IMPACT ANALYSIS $15,429.45
$57,876.499. CONSTRUCTION SUPPORT SERVICES
1 Design Seꢀices
PWCP 23-001 Avenue M Cꢁssing
FORM B: COST PROPOSAL*
TASK
NO. DESCRIPTION PRICE
$ 51,873.86ADDITIONAL STUDIESꢀVESTIGATION
Potholing (assume 5 for proposal purposes)
Total Cost $848,007.42
$ 74,643.87TASK 6.1 ENVIRONMENTAL OPTIONAL TASKS
6.1.1 Aquatic Resources Delineation
6.1.2 Endangered Species Act Consultation
6.1.3 Regulatory Permits
(Optional Tasks require written authorization)
TOTAL COST with Optional Tasks* $ 922,651.29
TIME AND MATERIALS NOT TOEXCEED
(Total includes expenses and escalation, cost
by task above is labor only)
TOTAL COST AMOUNT WRITTEN IN WORDS
Nine hundred Twenty-two thousand, six hundred ꢀiꢁy-one dollars and twenty-nine cents * In support oꢀ Form B, Consultant shall provide two ꢂe grids (in table format), with an itemized breakdown by:
a. Hours** and Personnel
b. Rate and Personnel
* In support oꢀ Form B, Consultant shall provide rate sheets including but not limited to Unit Rate for Potholing (EA) ** Hours are for progress tracking purposes only. This is a lump sum not to exceed contract to provide services as described in Exhibit "A", Scope oꢀ Services, complete. Additional hours and associated costs will only be considered for change in scope and must be authorized in writing prior to expenditure. 2 CITY OF LANCASTER
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40 2,518.5
60 4,22.19
72 9,339.43
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TOTAL COST: $ 48,724.76
EXHIBIT "C"
STATE AND FEDERAL PROVISIONS
Sections 1 through 27 of the AGREEMENT shall be supplemented with State and Federal Provisions:
SEE ATTACHED
PW-123 (1/14)
EXHIBIT "C"
STATE AND FEDERAL PROVISIONS
1. This agreement shall include and incorporate all State and Federal Provisions included herein.
Where these provisions conflict with City provisions, State and Federal provisions shall control.
2. Required State and Federal Forms are included in Exhibit “D”. These forms and other required State and Federal documentation shall be completed and submitted by the CONSULTANT in accordance with Caltrans Local Assistance Procedures Manual (LAPM).
3. State and Federal Provisions
A. Retention of Records/Audit. For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
B. Audit Review Procedures
i. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEEMNT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.
ii. Not later than 30 days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.
iii. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.
iv. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if
applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs. v. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.
Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate.
b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.
2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.
3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.
4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.
C. Non-Discrimination Clause.
i. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
ii. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. iii. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.
iv. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.
v. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
vi. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT. vii. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
viii. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.
ix. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
D. Ownership of Data
i. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City. ii. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all
rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City. iii. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City’s sole risk.
iv. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federalaid contracts).
v. LOCAL AGENCY may permit copyrighting reports or other agreement products.
If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
E. Allowable Costs and Payments
i. The method of payment for this AGREEMENT will be based on lump sum. The total lump sum price paid to CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Exhibit “A”. No additional compensation will be paid to CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between CONSULTANT and LOCAL AGENCY. Adjustment in the total lump sum compensation will not be effective until authorized by AGREEMENT amendment and approved by LOCAL AGENCY.
ii. Progress payments may be made monthly in arrears based on the percentage of work completed by CONSULTANT. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT in accordance with the provisions of City Sections 15 and 16.
iii. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this AGREEMENT. iv. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the provisions of Subsection
3.J. herein. The final invoice must be submitted within sixty (60) calendar days after completion of
CONSULTANT’s work unless a later date is approved by the LOCAL AGENCY. Invoices shall be mailed to LOCAL AGENCY’s Project Manager at the following address:
Dao La, City of Lancaster
44933 Fern Avenue
Lancaster, California 93534
v. The total amount payable by LOCAL AGENCY shall not exceed amount listed in Exhibit “B”.
F. Cost Principles
i. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. ii. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
iii. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.
iv. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
G. Disadvantaged Business Enterprises (DBE) Participation. i. Consultant, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the LOCAL AGENCY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.
CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes or work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe- search.
All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
•
•
•
100 percent counts if the materials or supplies are obtained from a DBE manufacturer. 60 percent counts if the materials or supplies are purchased from a DBE regular dealer.
Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." This AGREEMENT is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.
ii. The goal for DBE participation for this AGREEMENT is 16.0%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10- O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. iii. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.
iv. Contract Assurance
Under 49 CFR 26.13(b): CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.
Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible v. Termination and Substitution of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent. CONSULTANT shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT
shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form, included in the Bid.
The LOCAL AGENCY authorizes a request to use other forces or sources of materials if CONSULTANT shows any of the following justifications:
1. 2.
Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
The LOCAL AGENCY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the LOCAL AGENCY’s bond requirements.
3. 4.
Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.
Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).
5. 6.
7. 8.
9. Listed DBE's work is unsatisfactory and not in compliance with the contract.
Listed DBE is ineligible to work on the project because of suspension or debarment.
Listed DBE becomes bankrupt or insolvent.
Listed DBE voluntarily withdraws with written notice from the Contract Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
11. The LOCAL AGENCY determines other documented good cause.
CONSULTANT shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise CONSULTANT and the LOCAL AGENCY of the reasons why the use of other forces or sources of materials should not occur. CONSULTANT’s request to use other forces or material sources must include:
1. One or more of the reasons listed in the preceding paragraph.
2. Notices from CONSULTANT to the DBE regarding the request.
3. Notices from the DBEs to CONSULTANT regarding the request.
If a listed DBE is terminated or substituted, CONSULTANT must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal.
vi. Commitment and Utilization
The LOCAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
The LOCAL AGENCY shall request CONSULTANT to:
1. Notify the LOCAL AGENCY’s contract administrator or designated representative of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
•
•
Name and business address of each 1st -tier subconsultant Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 10-G) If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.
If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the LOCAL AGENCY. On work completion, CONSULTANT shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.
Upon work completion, CONSULTANT shall complete Exhibit 17-F: Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form.
In the LOCAL AGENCY’s reports of DBE participation to Caltrans, the LOCAL AGENCY must display both commitments and attainments.
vii. A DBE is only eligible to be counted toward the AGREEMENT goal if it performs a commercially useful function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement basis. A DBE performs a CUF when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors. viii. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.
ix. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF. x. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier.
The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.
xi. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days. xii. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 10-G to [email protected] with a copy to the Agency. xiii. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.
H. Subconsultants [Subcontracting]
i. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.
ii. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.
iii. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.
iv. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.
v. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant. vi. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.
vii. Prompt Payment of Withheld Funds to Subconsultants The LOCAL AGENCY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The LOCAL AGENCY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.
No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT.
CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.
Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.
I. Contingent Fee. CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona
fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
J. Equipment Purchase
i. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services.
CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs. ii. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified. iii. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:
1. CONSULTANT shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.
2. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.
K. Inspection of Work. CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.
L. Safety
i. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.
ii. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic.
CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. iii. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.
iv. CONSULTANT must have a Division of Occupational Safety and Health (CAL- OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.
M. Confidentiality of Data
i. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.
ii. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion. iii. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee. iv. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.
v. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.
vi. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than LOCAL AGENCY, Caltrans, and/or FHWA.
All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements N. National Labor Relations Board Certification. In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.
O. Evaluation of Consultant. CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.
P. Debarment and Suspension Certification
i. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:
1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
3. Does not have a proposed debarment pending; and
4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
ii. Any exceptions to this certification must be disclosed to LOCAL AGENCY.
Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
iii. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.
Q. Conflict of Interest
i. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the
outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow. ii. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law. iii. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.
iv. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.
R. Rebates, Kickbacks or other Unlawful Consideration. The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
S. Prohibition of Expending State or Federal Funds for Lobbying i. The CONSULTANT certifies to the best of his or her knowledge and belief that:
1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
ii. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. iii. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.
T. Funding Requirements
i. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made. ii. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
iii. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds. iv. Local AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.
U. Claims filed by Local Agency’s Construction Contractor i. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
ii. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.
iii. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.
V. Prompt Payment from the Local Agency to Consultant
The LOCAL AGENCY shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the LOCAL AGENCY as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request.
(2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to CONSULTANT as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
W. Title VI Assurances
i. The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain Appendices A and E, and Appendices B, C, and D (as applicable) of the Title VI Assurances. As such, Appendices A- E of the Title VI Assurances, as listed below, are hereby made a part of this AGREEMENT. ii. The CONSULTANT must include the Title VI Assurances Appendices A and E, and if applicable Appendices B, C, and D in all subcontracts to perform work under the contract. iii. The clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a LOCAL AGENCY. iv. The clauses set forth in Appendix C and Appendix D of this Assurance shall be included as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the LOCAL AGENCY with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
APPENDICES A - E of the TITLE VI ASSURANCES:
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:
NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns.
The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S.
Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above- mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER
THE ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER
THE ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee,
permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.
APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following non- discrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).
EXHIBIT "D"
STATE AND FEDERAL FORMS
Required State and Federal Forms are attached. These forms and other required State and Federal Documentation per Exhibit “C” shall be completed and submitted by the Consultant.
List of Attached Forms
Consultant shall complete and submit the following forms within ten (10) days of Agreement execution:
-
-
Exhibit 10-O2 (LAPM) Local Agency Proposer DBE Information (Consultant Contracts) Debarment and Suspension Certification
Consultant shall complete and submit the following forms in accordance with Caltrans Local Assistance Procedures Manual:
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-
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Caltrans Exhibit 10-G (LAPM) Individual A&E Task Order DBE Tracking Sheet Caltrans Exhibit 14-D (LAPM) Notice to Owner-Local Assitance Caltrans Exhibit 17-O (LAPM) DBE Certification Status Change Caltrans Exhibit 17-F (LAPM) Final Report Utilization of DBE PW-123 (1/14)
Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
EXHIBIT 10-O2 CONSULTANT CONTRACT DBE COMMITMENT
1. Local Agency: 2. Contract DBE Goal:
3. Project Description:
4. Project Location:
5. Consultant's Name: 6. Prime Certified DBE: 7. Total Contract Award Amount:
8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants:
11. DBE
Certification
Number
13. DBE
Dollar
Amount
10. Description of Work, Service, or Materials
Supplied 12. DBE Contact Information
Local Agency to Complete this Section
$20. Local Agency Contract
14. TOTAL CLAIMED DBE PARTICIPATION
21. Federal-Aid Project Number:
%22. Contract Execution
Date:
Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.
IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required.
23. Local Agency Representative's Signature
25. Local Agency Representative's Name
24. Date 15. Preparer's Signature
17. Preparer's Name
19. Preparer's Title
16. Date
26. Phone 18. Phone
27. Local Agency Representative's Title
DISTRIBUTION: 1. Original – Local Agency
2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.
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