Montclair City Council
November 4, 2024

CITY OF MONTCLAIR

CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY,

MONTCLAIR HOUSING CORPORATION, MONTCLAIR

HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY

FOUNDATION MEETINGS

AGENDA PACKET
Monday, November 4, 2024
7:00 p.m.

Montclair City Council Chambers
5111 Benito Street
Montclair, CA 91763
Mayor
Javier “John” Dutrey
Mayor Pro Tem
Tenice Johnson
Council Members
Bill Ruh
Corysa Martinez
Benjamin “Ben” Lopez
City Manager
Edward C. Starr
City Attorney
Diane E. Robbins
City Clerk
Andrea M. Myrick

REGULAR JOINT MEETING OF THE

CITY COUNCIL, SUCCESSOR AGENCY, MONTCLAIR HOUSING CORPORATION,

MONTCLAIR HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY FOUNDATION to be held in the Council Chambers
5111 Benito Street, Montclair, California
Monday, November 4, 2024
7:00 p.m.

If you want to provide comments on an agenda item, including public hearing and closed session items, please complete a Speaker Card located in the Council Chambers. The Mayor/Chair (or the meeting’s Presiding Officer) will call on those who submitted requests to speak at the appropriate times during the meeting. Written comments (200–word limit per agenda item, and 200–word limit for all non–agenda items combined) can also be emailed to [email protected] at least one hour before the meeting begins.

Watch Council meetings live on the City’s official YouTube Channel at https://www.youtube.com/@cityofmontclair, or via Zoom using the following information: Zoom Link: https://zoom.us/j/93717150550 / Dial Number: 1 (669) 900–6833 / Meeting ID: 937–1715–0550.

Video recordings of Council meetings are available on the City’s website and can be accessed by the end of the business day following the meeting at https://www.cityofmontclair.org/council–meetings/.

AGENDA
I. CALL TO ORDER City Council [CC], Successor Agency Board [SA], Montclair Housing Corporation Board [MHC],
Montclair Housing Authority Commission [MHA],
Montclair Community Foundation Board [MCF]
II. INVOCATION
In keeping with our long–standing tradition of opening our Council meetings with an invocation, this meeting may include a nonsectarian invocation. Such invocations are not intended to proselytize or advance any faith or belief or to disparage any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.

III. PLEDGE OF ALLEGIANCE
IV. ROLL CALL
V. PRESENTATIONS
A. Update on the Tentative National Pollutant Discharge Elimination System (NPDES) Permit for the Counties of Orange, Riverside, and San Bernardino Related to Santa Ana Regional Water Quality Control Board Tentative Order No. R8–2024–0001 VI. PUBLIC COMMENT
During Public Comment, you may comment on any subject that does not appear on this agenda. Each speaker has up to five minutes. The meeting’s presiding officer may provide more or less time to accommodate speakers with special needs or a large number of speakers waiting in line. (Government Code Section 54954.3).

Under the provisions of the Brown Act, the meeting bodies are prohibited from participating in substantial discussion of or taking action on items not listed on the agenda.

VII. PUBLIC HEARINGS — None Page No.

VIII. CONSENT CALENDAR
A. Approval of Minutes

1. Regular Joint Meeting – October 21, 2024 [CC/SA/MHC/MHA/MCF] 152

XXXXXXXXXXXXX
MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 1 of 158 Page No.

B. Administrative Reports

1. Consider Approval of Warrant Register & Payroll Documentation [CC] 4

2. Consider Approval of the City of Montclair Five–Year Capital Improvement Program for Fiscal Years 2024–25 through 2028–29 [CC]
Consider Authorizing the Appropriation of Funds as Indicated for Each of the Fiscal Year 2024–25 Projects Listed in the Proposed Five–Year Capital Improvement Program [CC] 5
C. Agreements

1. Consider Approval of Agreement No. 24–83 with Crossroads Software, Inc. for Digital E–Citation Software for Parking and Notice–to–Appear Citations [CC]
Consider Authorizing an $80,304 Appropriation from the Federal Asset Forfeiture Fund for Printing Equipment and Other Costs Associated with Agreement No. 24–83 [CC] 7

2. Consider Approval of Agreement 24–84 with TKE Engineering, Inc. for Engineering Design Services for the Montclair Safe Routes to School (SRTS) Implementation Project for Safety Improvements Near Montclair High, Monte Vista Elementary, and Monterra Elementary Schools, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] Consider Authorizing a $459,580 Appropriation from 2021 Lease Revenue Bond Proceeds for Costs Related to Agreement No. 24–84 [CC] Consider Authorizing a $45,420 Contingency for the Project [CC] 24

3. Consider Approval of Agreement No. 24–85 with California Highway Patrol for use of the Montclair Police Department Firearms Shooting Range [CC] 92

4. Consider Approval of Agreement No. 24–86 with San Bernardino County Office of Emergency Services Authorizing the Receipt of $15,148 from the Fiscal Year 2023 Homeland Security Grant Program [CC] Consider Authorizing City Manager Edward C. Starr to Sign Said Agreement [CC]
Consider Authorizing a $15,148 Appropriation from the Public Safety Grant Fund to Purchase Mobile Data Computers for the Police Department [CC] 107

5. Consider Approval of Agreement No. 24–87, a Common Interest, Joint Defense, and Confidentiality Agreement with San Bernardino County, the San Bernardino Valley Flood Control District, and Co–Permittee Cities in the NPDES Program [CC] 120
D. Resolutions

1. Consider Adoption of Resolution No. 24–3461 Authorizing the City of Montclair to Access of State– and Federal–Level Summary Criminal History Information for Employment Purposes [CC] 131

2. Consider Adoption of Resolution No. 24–3459 Authorizing Placement of Liens on Certain Properties for Delinquent Sewer and Trash Charges [CC] 134 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 2 of 158 Page No.

3. Consider Adoption of Resolution No. 24–3460 Establishing an Environmentally Preferable Purchasing and Practices Policy [CC] 140 IX. PULLED CONSENT CALENDAR ITEMS
X. COUNCIL WORKSHOP
A. Federal Legislative Advocate Presentation by David Turch & Associates (The City Council may consider continuing this item to an adjourned meeting on Monday, November 18, 2024, at 5:45 p.m. in the City Council Chambers) XI. COMMUNICATIONS
A. Department Reports

1. Human Services Department — Upcoming Events
B. City Attorney
C. City Manager/Executive Director
D. Mayor/Chairperson
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)

1. Personnel Committee Meeting – October 21, 2024 [CC] 151 XII. ADJOURNMENT
The next regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board will be held on Monday, November 18, 2024 at 7:00 p.m.

Reports, backup materials, and additional materials related to any item on this Agenda distributed to the meeting bodies after publication of the Agenda packet are available for public inspection in the Office of the City Clerk between 7:00 a.m. and 6:00 p.m., Monday through Thursday. Please call the City Clerk’s Office at (909) 625–9416 or send an e–mail to [email protected] to request documents via e–mail.

If you need special assistance to participate in this meeting, call the City Clerk’s Office at (909) 625–9416 or e–mail [email protected]. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102–35.104 ADA Title II) I, Andrea M. Myrick, City Clerk, hereby certify that I posted, or caused to be posted, a copy of this Agenda not less than 72 hours prior to this meeting on the City’s website at https://www.cityofmontclair.org/agendas/ and on the bulletin board adjacent to the north door of Montclair City Hall at 5111 Benito Street, Montclair, CA 91763 on Thursday, October 31, 2024.

MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 3 of 158

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 4, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: A. VONG/V. FLORES
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER AND PAYROLL DOCUMENTATION REASON FOR CONSIDERATION: The City Council is requested to consider approval of the Warrant Register and Payroll Documentation.

BACKGROUND: Mayor Pro Tem Johnson has examined the Warrant Register dated November 4, 2024; and the Payroll Documentation dated October 20, 2024, and recommends their approval.

FISCAL IMPACT: The Warrant Register dated November 4, 2024, totals $1,880,888.80.

The Payroll Documentation dated October 20, 2024, totals $889,607.89 gross, with $621,482.32 net being the total cash disbursement.

RECOMMENDATION: Staff recommends the City Council approve the above–referenced Warrant Register and Payroll Documentation.

MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 4 of 158

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 4, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: FIN285
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER APPROVAL OF THE CITY OF MONTCLAIR FIVE–YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2024–25 THROUGH 2028–29

CONSIDER AUTHORIZING THE APPROPRIATION OF FUNDS AS INDICATED FOR EACH OF THE FISCAL YEAR 2024–25 PROJECTS LISTED IN THE PROPOSED FIVE–YEAR

CAPITAL IMPROVEMENT PROGRAM
REASON FOR CONSIDERATION: The City Council is requested to consider approving the Five–Year Capital Improvement Program (CIP) for Fiscal Years 2024–25 through 2028– 29 and funding for Fiscal Year (FY) 2024–25. Adopting a CIP ensures that long–range capital project objectives receive proper consideration and financing will be available as authorized.

BACKGROUND: Maintenance and construction of quality public infrastructure directly correlates with positive economic development and improved quality of life for residents.

The Five–Year CIP is a long–range fiscal forecast that identifies significant public improvements to the city’s infrastructure and is essential for planning, building, managing, and maintaining the city’s existing infrastructure. The CIP includes improvements for roadways, traffic signals, bridges, parks, sewers, buildings, and facilities, Americans with Disabilities Act (ADA) improvements, and other large–scale capital projects.

The proposed Five–Year CIP was presented to the City Council at a workshop meeting held on September 16, 2024. The proposed CIP covers FY 2024–25 through FY 2028–29, with FY 2024–25 funding allocations. The CIP identifies projects with previous funding, projects with additional funding for the current fiscal year, and projects for which funding will be requested in future years.

Five–Year CIP Project Summary
Category Total
Streets & Safety Improvements (23) $ 94,171,741
Facility Improvements (13) $ 47,953,975
Park Improvements (9) $ 29,781,413
Sewer Improvements (11) $ 21,474,383
Total Projects – 56 $ 193,381,512
The CIP is funded using various restricted and special funding, as well as appropriations from the General Fund. Some of the special revenue funds used for the CIP are Measure I, Gas Tax, Community Development Block Grant (CDBG), Sewer Operating Fund, 2021 Lease Revenue Bond, SB1, and various Federal, State, and regional grants. Additionally, staff continually submits state and federal grant applications for several projects to improve the City’s infrastructure.

MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 5 of 158 The CIP for Fiscal Years 2024–25 through 2028–29 includes project cost estimates and funding sources. The City Council’s approval of this Five–Year CIP would significantly impact a variety of funds. It is estimated that the ongoing and newly–funded projects would have a combined total projected cost of over $193 million over the next five years, with funding allocations of $26,408,139 requested in the current FY 2024–25. However, these cost estimates depend on economic conditions, which could change over the next five years. Furthermore, it should be noted that these estimates will become more refined as project designs are completed.

Sufficient funding exists to budget for all programmed projects for FY 2024–25, and new grant opportunities will likely become available in the coming years. It should also be noted that it is likely that new project needs will arise in the future, perhaps even displacing currently programmed projects.

The proposed Five–Year CIP for Fiscal Years 2024–25 through 2028–29 is available for review in the City Clerk’s Office and the Public Works Department. All programmed projects identify funding sources and require appropriations each fiscal year.

FISCAL IMPACT: The CIP was prepared based on actual and estimated revenues from various funding sources to maintain essential and key projects funded to the maximum extent possible. Various funding sources including City, County, State, and Federal grants, along with various tax and ratepayer revenues, many of which are restricted, are used to fund the City of Montclair’s Capital Projects.

The status of the FY 2024–25 Capital Improvement Program and the associated appropriations are listed in the Five–Year Capital Improvement Program for Fiscal Years 2024–25 through 2028–29.

RECOMMENDATION: Staff recommends that the City Council take the following actions:

1. Approve the City of Montclair Five–Year Capital Improvement Program for Fiscal Years 2024–25 through 2028–29.

2. Authorize the appropriation of funds as indicated for each of the FY 2024–25 projects listed in the proposed Five–Year Capital Improvement Program.

MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 6 of 158

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 4, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: PTD175
DEPT.: POLICE
PREPARER: B. KUMANSKI
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–83 WITH CROSSROADS SOFTWARE, INC. FOR DIGITAL E–CITATION SOFTWARE FOR PARKING AND NOTICE–TO–APPEAR

CITATIONS
CONSIDER AUTHORIZING AN $80,304 APPROPRIATION FROM THE FEDERAL ASSET

FORFEITURE FUND FOR PRINTING EQUIPMENT AND OTHER COSTS ASSOCIATED WITH AGREEMENT NO. 24–83
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 24–83 with Crossroads Software, Inc. for digital e–citation software for parking and Notice–to–Appear citations, and to consider authorizing an $80,304 appropriation from the Federal Asset Forfeiture Fund for printing equipment and other costs associated with Agreement No. 24–83.

Proposed Agreement No. 24–83 with Crossroads Software, Inc. was reviewed and found acceptable to staff and the City Attorney and is attached for the City Council’s review and consideration.

BACKGROUND: For decades, the Montclair Police Department has issued parking and Notice–to–Appear citations on triplicate paper books, requiring the issuer to press their pen hard enough to show through all copies and print legible enough to be read by Records Bureau personnel and the courts. Each book holds between 25–50 citations and has to be issued on a regular basis, tracked by citation number range, and discarded and re–issued whenever a court–mandated change is required. This process often creates waste and unnecessary printing costs as following an update, potentially thousands of unissued citations need to be discarded and reordered. In addition, the process of transferring the data from a handwritten citation to the Department’s Records Management System (RMS) is time consuming, and has become more so over the years as the amount of captured data required by the courts has increased. Furthermore, handwritten citations have been prone to errors, often only minor, but nonetheless create a burden for Records Bureau staff to track and request corrections by the issuing officer.

To address these issues, many agencies have transitioned to electronic citations, or e– citations. These e–citations, in their various forms, have similarities to the current paperless reports in modern Records Management Systems. They keep up to date with current formats, required fields, and prevent errors by utilizing pre–filled drop–boxes for data, including court dates, violation sections, and locations to name a few. Many are considered “faster” to issue than handwritten citations, and as with anything typed/printed, are much more legible than handwriting. Many are integrated into the agency’s RMS to further streamline the data input process, saving time on both ends of the process.

MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 7 of 158 When exploring options for viable e–citation software, one immediately stood out. In 2021, The Department obtained e–crash software from Crossroads Software, Inc.—a software company that specializes in California–specific collision reporting solutions, as well as California–specific e–citation solutions. Its web–based software is system agnostic and will run on any web–enabled device regardless of operating system, including mobile device support. Built–in analytics are geared toward California Office of Traffic Safety (OTS) reporting and make OTS grant reporting quick and easy.

Over the past three years, the Department has utilized Crossroads e–crash reporting and has found it to be exceptionally easy to use. It is consistent with the State’s CHP traffic reporting forms and has robust statistic and analytic abilities. The e–citation software utilizes the same configuration and analytics as our existing e–crash software, and data would be shared between them seamlessly.

Recently, staff had an opportunity to experience Crossroads’ e–citation software in person. Both the Chino and Rialto Police Departments utilize Crossroads e–citation software and shared their experiences. Staff spoke to supervisors, Information Technology personnel, and end–users, including both cadets for parking and traffic officers. There was near universal praise for the ease of use, elimination or significant reduction in citation errors, compatibility with mobile devices, and integration with the Crossroads e–crash and analytics back–end, of which both agencies are also users of.

Crossroads Software, Inc. provided a quote for its e–citation software for both parking and Notice–to–Appear citations. Based on our agency size, the parking e–citation was quoted as $19,400, and the Notice–to–Appear as $34,400. This price includes all set– up fees, annual maintenance and support, integration with our existing RMS for data entry, as well as a $19,000 discount for being an existing Crossroads Software, Inc. customer. Future annual support/renewal would be approximately $1,900 for parking citations and $2,900 for Notice–to–Appear citations.

In addition to being compatible with our existing e–crash software, Crossroads e–citation software is compatible with the Police Department’s currently issued iPhones, which would reduce up–front equipment costs. Crossroads recommends Zebra thermal printers, model ZQ521, which are available from several vendors. Based on the Department’s fleet size and allotted personnel, staff recommends the purchase of 25 printers, with 21 of them installed in patrol vehicles and four available for battery operated/remote use.

The Department sought quotes for the printers and associated hardware including power adapters for vehicle mounting and a supply of thermal paper from three vendors, all of which are able to supply the needed printers and accessories (all quotes include sales tax and any shipping fees):

Vendor Bid Amount
Barcodes Inc. $26,004
CDW $27,464
POSGuys.com $27,499
In addition to being the lowest price, Barcodes Inc. included a three–year extended warranty on each of the 25 printers, adding additional value compared to the other vendors. Based on the quotes obtained, staff recommends purchasing the Zebra thermal printers and associated accessories from Barcodes Inc. for $26,004. Barcodes Inc. and POSguys.com are suggested vendors by the Chino and Rialto Police Departments as their MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 8 of 158 chosen vendors. Although the printers should be complete with all necessary installation accessories, it is common for minor unforeseen expenses for installation hardware, extension cabling, wire taps, and other small items needed to complete the project. Staff is recommending authorizing an additional $500 for these items if needed during the installation process.

FISCAL IMPACT: If authorized by the City Council, funding for Agreement No. 24–83 with Crossroads Software, Inc. and associated printing equipment would result in an appropriation of $80,304 from Federal Asset Forfeiture Fund 1144:
 E–citation software – $53,800
 Printers and associated hardware – $26,004
 Miscellaneous expenses – $500
Thereafter, there would be an annual maitenance cost beginning in FY 2025–26 of $4,800 from the City’s General Fund.

RECOMMENDATION: Staff recommends the City Council take the following actions:

1. Approve Agreement No. 24–83 with Crossroads Software, Inc. for digital e–citation software for parking and notice–to–appear citations; and

2. Authorize an $80,304 appropriation from the Federal Asset Forfeiture Fund to for printing equipment and other costs associated with Agreement No. 24–83.

MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 9 of 158 AGREEMENT NO. 24-83

AGREEMENT FOR CONSULTANT SERVICES
This Agreement (this “Agreement”), by and between the CITY OF MONTCLAIR, a California municipal corporation (hereinafter referred to as "City") and Crossroads Software, Inc., a California Corporation, (hereinafter referred to as "Consultant").

RECITALS
WHEREAS, City desires to obtain the services of a private consultant to provide a Handheld Traffic Citation System and a Handheld Parking Citation System; and WHEREAS, Consultant is a Computer Software consultant and has represented that Consultant possesses the necessary qualifications to provide such services; WHEREAS, City is entering into this Agreement because Consultant has represented to City that the computer software provided by Consultant will fully integrate with City’s records management system; and
WHEREAS, this Agreement sets forth the terms and conditions upon which Consultant will provide a Handheld Traffic Citation and Handheld Parking Citation System to City.

NOW, THEREFORE, the City and the Consultant, for the mutual consideration described herein, agree as follows:

1. Scope of Services.

Consultant shall provide services as described in Exhibit "A" entitled "Scope of Work" attached hereto and made a part hereof (“Services”).

2. Compensation and Reimbursement.

City shall compensate Consultant a fee up to $53,800.00 for the Services set forth in Exhibit “A”. Invoices shall include a summary of work performed for the period being billed, percentage of work completed for each task, and overall percentage of work completed for Services as identified in the Scope of Work. All work completed under this agreement must be invoiced no later than June 30, 2025.

Consultant acknowledges that City is entering into this Agreement because Consultant has represented to City that the computer software provided by Consultant will fully integrate with City’s records management system. In the event the computer software provided by Consultant fails to fully integrate with City’s records management system, or otherwise fails to perform as represented by Consultant, then City shall be entitled to a complete refund of all sums paid to Consultant for the Services provided by Consultant to City under this Agreement.

3. Term of Agreement.

This Agreement shall be effective from the period commencing on the effective date and ending June 30, 2025 unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.

4. Termination.

This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 15-day written notice to Consultant. During said 15-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of Services, or the failure to perform MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 10 of 158 AGREEMENT NO. 24-83

Services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice.

5. Confidential Relationship.

City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the Services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the Services. The foregoing obligation of this Paragraph 6, however, shall not apply to any part of the information that (I) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

Consultant shall not disclose any reports, recommendations, conclusions or other results of the Services or the existence of the subject matter of this Agreement without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.

In the event of termination of this Agreement, Consultant agrees that it shall return any confidential information which was provided by City, in the event such information is in a format that makes it feasible to return same to City, or destroy such material if not returnable.

6. Ownership of Documents.

All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.

7. Office Space and Clerical Support.

Consultant shall provide its own office space and clerical support at its sole cost and expense.

8. Covenant Against Contingent Fees.

Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement.

For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

9. Conflict of Interest and Political Reform Act Obligations.

During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City.

Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest ordinance. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.

Consultant shall comply with all of the reporting requirements of the Political Reform Act and local ordinance. Specifically, Consultant shall file Statements of Economic Interest with the City Clerk of the City in a timely manner on forms which Consultant shall obtain from the City Clerk.

MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 11 of 158 AGREEMENT NO. 24-83

10. No Assignments.

Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.

11. Maintenance of Records.

Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.

12. Independent Contractor.

At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City. City shall have the right to control Consultant only insofar as the results of Consultant's Services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such Services. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control and shall not be construed to be employees of City for any purpose, including eligibility under Public Employees Retirement Law. Consultant shall be solely responsible and hold the City harmless for all matters relating to the payment of Consultant’s employees, including compliance with Social Security withholdings and al other regulations governing such matters.

13. Licenses, Permits, Etc.

Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that is legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession.

14. Consultant's Insurance.

1. Policies.

Consultant shall obtain and maintain during the entire term of this Agreement the following insurance policies from companies authorized to issue insurance in the State of California:
(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, bodily injury, and blanket contractual liability with the following coverage’s:

General Liability $2,000,000 per person per occurrence; $4,000,000 annual aggregate combined;
$2,000,000 property damage or bodily injury per
occurrence;
Cross-liability exclusions prohibited
(b) Automobile Liability, including owned, hired, and non-owned vehicles with the following insurance coverage’s:

Auto Liability $1,000,000 per person per occurrence;
$1,000,000 annual aggregate combined;
$1,000,000 property damage or bodily injury per
occurrence;
Cross-liability exclusions prohibited
MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 12 of 158 AGREEMENT NO. 24-83

(c) Workers' Compensation insurance in amounts in accordance with statutory requirements.

2. Endorsements.

Endorsements shall be obtained so that each policy contains the following provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.)
The City, its elected officials, officers, employees, and agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations.
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled or reduced in coverage, without thirty (30) days’ written notice to the City of MONTCLAIR." (c) Primary Coverage.
"The policy provides primary coverage to the City of MONTCLAIR and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by the City of MONTCLAIR."

15. Insurance Certificates.

Consultant shall provide City with certificates of insurance and accompanying endorsements showing the insurance coverages described in the paragraphs above, in a form and content approved by the City, prior to City’s execution of this Agreement.

16. Liability.

Notwithstanding any other provision contained in this Agreement, Consultant shall be responsible for all injuries to persons and for all damage to real or personal property of City or others, to the extent caused by or resulting from the wrongful act or negligent acts, errors, or omissions of itself, its employees, or its agents during the progress of, or in connection with, the rendition of Services hereunder.

To the fullest extent permitted by law, Consultant shall hold harmless and indemnify City and its elected and appointed officials, officers, agents and employees from all costs and claims for damages to real or personal property, or personal injury to any third party, including reasonable attorney fees resulting from the negligent performance of Consultant, its employees, or its agents, under this Agreement.

17. Consultant Not an Agent.

Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

18. Personnel.

Consultant shall assign qualified and certified personnel to perform requested Services.

The City shall have the right to review and disapprove personnel for assignment to City Projects.

Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.

City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect.

MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 13 of 158 AGREEMENT NO. 24-83

19. Notices.

All notices, billings and payments which are required or permitted to be made hereunder shall be in writing and shall be sent by personal delivery; first-class mail, return receipt requested; overnight or express mail service; or facsimile. Notices shall be deemed to have been received: upon delivery if personally delivered; seventy-two (72) hours after deposit in the U.S. Mail; on the day of transmission via facsimile unless sent after business hours and in that event, on the next business day. Notices may be sent to the following addresses; the parties may deliver notice of change of address or delivery information in the manner outlined in this Section E.

City (original): City of Montclair
Finance, Accounts Payable Department
5111 Benito St
Montclair, CA. 91763
(909) 626-8571
City (copy): Montclair Police Department
4870 Arrow Hwy
Montclair, CA 91763
(909) 448-3600
Consultant: Crossroads Software, Inc.
407 W. Imperial Hwy, Suite H, #378
Brea, CA 92821
Attn: Jeff Cullen
(714) 990-6433

20. Conflict Resolution.

In the event of a dispute between City and Consultant concerning the terms of this Agreement or its performance, the parties agree to submit such dispute to arbitration before the American Arbitration Association or other mutually acceptable arbitrator. In the event that the subject of such arbitration is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 15-day period for which Consultant would have been entitled to receive compensation if terminated without cause. In the event of arbitration, each party shall bear its own attorneys' fees and costs incurred.

21. Gender.

Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing Services hereunder.

22. Exhibits.

All Exhibits referenced in this Agreement, and each of them, are incorporated into this document as though set forth in full at this point.

23. Entire Agreement.

This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the Services to be performed by Consultant.

24. Severability.

If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement will be construed as not containing that term, and the remainder of this Agreement will remain in full force and effect; provided, however, this section will not be applied to the extent that it would result in a frustration of the parties’ intent under this Agreement.

MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 14 of 158 AGREEMENT NO. 24-83

25. Governing Law, Jurisdiction, and Venue.

The interpretation, validity, and enforcement of this Agreement will be governed and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement will be filed and heard in a court of competent jurisdiction in the County of San Bernardino.

26. Modifications.

This Agreement may not be amended or modified orally. No amendment or modification of this Agreement is binding unless it is in a writing signed by both parties.

27. Waivers.

No waiver of a breach, default, or duty under this Agreement will be effective unless it is in writing and signed by the party waiving the breach, default, or duty. Waiver of a breach, default, or duty under this Agreement will not constitute a continuing waiver or a waiver of any subsequent breach, default, or duty under this Agreement.

28. Counterparts.

This Agreement may be executed in counterparts, each one of which is deemed an original, but all of which together constitute a single instrument.

29. Signatures.

The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Consultant and the City.

IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

CONSULTANT CITY
Crossroads Software, Inc., a California Corporation City of Montclair By: By:

Name: Javier John Dutrey
Title: Mayor
ATTEST:

By: By:

Name: Andrea M. Myrick
Title: City Clerk
APPROVED AS TO FORM:

By:

Diane E. Robbins
City Attorney
MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 15 of 158 Exhibit A
Scope of Services
Crossroads Software, Inc.
for a
Citation Writing System
for the
City of Montclair
MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 16 of 158 2 Table of Contents
Page Number

1.1 Project Overview_________________________________________________ 3

1.2 Project Deliverables ______________________________________________ 3

1.3 Software License Provisions________________________________________ 4

1.3.1 Crossroads Software, Inc. _______________________________________ 4

1.3.2 Term of the License ___________________________________________ 4

1.4 Project Management and Implementation Services ____________________ 4

1.4.1 Responsibilities of the City______________________________________ 5

1.4.2 Responsibilities of Crossroads Software, Inc. _______________________ 5

1.4.3 Change Orders _______________________________________________ 6

1.4.4 Resolution of Disputes _________________________________________ 6

1.4.5 System Acceptance ____________________________________________ 6

1.5 Warranty, Maintenance, and System Support_________________________ 8

1.5.1 Software Warranty and Maintenance Plan __________________________ 8

1.5.2 Maintenance Plan _____________________Error! Bookmark not defined.

1.6 Training ________________________________________________________ 8

1.6.1 Citations & Syncing – End User Training __________________________ 8

1.6.4 System Maintenance and Administration Training ___________________ 8 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 17 of 158 3 1.1 Project Overview
The scope of this Statement of Work is to set out the milestones, deliverables and responsibilities required to provide to the City of Montclair hereinafter called “City,” from Crossroads Software, Inc., hereinafter called “Consultant” with a fully operational automated Citation Writing System, Court Citation Export Module and RMS Export Module. The Consultant will provide software that permits the transmission of citation data to the Traffic Court System.

The software shall meet all current State of California legislative mandates related to traffic citations and California Court Systems electronic filings and data integration standards as well as being upgradeable to meet future mandates within the timeframe allowed by the governing bodies.

1.2 Project Deliverables
Crossroads Software Inc. is supplying the following and they will provide the most recent version of software at the time of delivery.

Figure 1: Project Deliverables
Crossroads Software Inc. Project Deliverables
Description Quantity
Citation Software for Handheld 1 site license
Court Transmission Software
Parking Citation Software for Handheld
Parking Citation Processing Vendor Export Software
Court Citation Export Module
RMS Export Module
1 site license
1 site license
1 site license
1 site license
1 site license
Installation
Training 2 sessions
Crossroads Software, Inc. will provide a complete Traffic Citation Writing System, Parking Citation Writing System, Court Citation Export Module, and RMS Export Module to the City of Montclair. This system will include software for electronic citations that offers efficient input of violation and violator data among other MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 18 of 158 4 information; electronic signature capture; driver license bar code reading; and have a modular design to allow for future upgrades and modification.

1.3 Software License Provisions

1.3.1 Crossroads Software, Inc.

Crossroads Software, Inc. hereby grants to the City one (1) site license for citation software, parking citation software and one (1) court transmission software license. The LICENSED SOFTWARE allows the City to use the software on multiple computers located in a single office or department within a contiguous site, or multiple offices, departments and sites. The LICENSED SOFTWARE entitles the City to one copy of the software in machine-readable form for backup purposes only.

1.3.2 Term of the License
This license is effective until terminated. The City may terminate this license at any time by destroying the LICENSED SOFTWARE and related documentation and all copies thereof. If the City fails to comply with any provisions of the LICENSED SOFTWARE AGREEMENT (Exhibit D), Crossroads Software, Inc. must give thirty days notice to the City that they have failed to comply with any provisions of the LICENSED SOFTWARE AGREEMENT. Upon termination of the LICENSED SOFTWARE AGREEMENT the non-compliant LICENSEE must destroy the software and related documentation and all copies thereof.

1.4 Project Management and Implementation Services
The City’s project manager for the implementation of the City of Montclair Citation System is Lt. Brandon Kumansi, Montclair Police Department. The City’s project manager shall be responsible for review, analysis, and acceptance of Crossroads Software, Inc.’s performance and the coordination of project personnel, equipment, vehicles and facilities and may issue all consents, approvals, directives and agreement on behalf of the City called for by this agreement except as otherwise expressly provided. Jeff Cullen, Crossroads Software Inc. is the project manager for Crossroads Software, Inc. He will be directly responsible for the administration and technical direction of Crossroads MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 19 of 158 5 Software, Inc.’s project activities to include project management, installation, implementation, support services, software development and system setup.

Crossroads Software will have access to communicate with the City project manager to coordinate the execution of the project.

1.4.1 Responsibilities of the City
The specific duties of the City in the implementation of the Montclair Traffic Reporting System are:

1.4.1.1 Provide the Consultant with access to the City for installation

1.4.1.2 Provide traffic citation, documents and sample forms

1.4.1.3 Provide court information such as name, addresses, schedules, etc.

1.4.1.4 Establish a workstation with a VPN or ‘GoToMeeting’ connection, with network access to the data server

1.4.1.5 Review and approve screen layouts and forms

1.4.1.6 Review, evaluate and field test each installed module prior to acceptance

1.4.1.7 Facilitate the implementation of the interface with the San Bernardino County Superior Court’s database system.

1.4.1.8 Provide a training facility.

1.4.2 Responsibilities of Crossroads Software, Inc.

The responsibilities of the project manager will include acting as a primary contact for departmental personnel, scheduling for installation and training, overseeing installation and training, troubleshooting, and any other functions requiring implementing the Crossroads Software, Inc.’s software at the participating agency sites. The specific duties of the Crossroads Software, Inc. in the implementation of the Montclair Citation System are:

1.4.2.1 Create citation forms customized to the department

1.4.2.1.1 Develop and test citation sync module

1.4.2.1.2 Create and install citation software, RMS export software.

1.4.2.1.3 Provide training and deliver module documentation.

1.4.2.2 Contact California Superior Court – San Bernardino County court database vendor and receive the compatible exchange file format for transferring data from the Crossroads Software system to the court’s database management system.

1.4.2.2.1 Develop and test exchange file and data transfer from Citation module exported to the court’s data base system.

1.4.2.2.2 Provide data interface training and documentation MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 20 of 158 6 1.4.3 Change Orders
Either party may request changes to the Statement of Work at any time. Since a change could affect price, schedule or other terms, the project managers must mutually agree in writing to approve each change before amending this Statement of Work. When Crossroads Software, Inc.’s price or completion schedule is affected, the contract shall be amended accordingly in writing with a CHANGE ORDER and incorporated into the Statement of Work.

1.4.4 Resolution of Disputes
The City and Consultant will exercise their best efforts to promptly negotiate and settle any controversy or claim arising out of or in connection with the AGREEMENT. The parties agree to first to meet in a timely manner in order to reach a resolution. In the event that any dispute cannot be so settled, it shall be settled by arbitration administered by the American Arbitration Association. The decision in writing of the Arbitrator appointed by the American Arbitration Association shall not be binding on the parties.

1.4.5 System Acceptance
System acceptance will occur in the following phases after training and functional system tests:
 Certification of citation system.
 Certification of output of a citation data exchange file from the Crossroads Software system for input into the court’s database management system  Final Total System Acceptance
Each functional attribute of the software, including system software, operating system, utilities, interfaces, system administration procedures will be tested. The Consultant will verify that all transactions with external systems are performing as specified. Within fourteen (14) days after completion of functional systems testing, the Consultant shall provide a written report to document completion of the test and to indicate test results, problems, solutions and a schedule to implement such solutions.

1.4.5.1 Functional Testing – Traffic Citation Software and Parking Citation Software
MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 21 of 158 7 After installing each system software module and performing appropriate diagnostic tests, Crossroads Software, Inc., will certify to the City of Montclair that the system is functioning correctly. The City of Montclair will request specific demonstrations of the system readiness. Functional testing by the end users will start after the users have been trained and the software is in a live environment. The testing period will be fourteen (14) days for each software module. Functional testing will include fieldtesting, syncing, in-field printing, and printing at the desktop.

1.4.5.2 Functional Testing – Data Integration to California Superior Court – San Bernardino County Database Management System
The Consultant will create an export file for the traffic citation data integration with the California Superior Court – San Bernardino County, case management system. Upon completion of the traffic data integration with the court’s system, performing appropriate tests and upon training the court staff on its use, the Consultant will certify to the City of Montclair that the data integration to the court is completed. California Superior Court – San Bernardino County project personnel will test the interface for fourteen (14) days to determine if the traffic records are being exported and delivered as defined.

1.4.5.3 Final System Performance Testing
The Consultant and City will then perform final system performance testing. Crossroads Software, Inc. will perform a functionality test that will ensure the functional operation of the software, the units, printers, and other equipment and the syncing and data transfer interfaces. Upon completion of the final total system testing, the consultant will certify that the SYSTEM has passed the final system test criteria. Final system test criteria include:
 Functionality System Test (software, hardware, and interfaces)  Reliability Test (system “uptime”)
 Performance Test (data input, searches, report generation, response time)
MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 22 of 158 8 The Consultant shall provide written certification to the City’s project manager that the installation, training, and testing phase of the contract has been fully completed and all requirements have been met.

1.5 Maintenance, and System Support

1.5.1 Software Maintenance Plan and System Support
Crossroads Software, Inc., will provide the City and participating agencies receiving the LICENSED SOFTWARE technical support, maintenance and upgrades on an ongoing basis. Standard technical support consists of telephone, email and online support from 08:00 A.M. to 5:00 P.M, Monday through Friday PST.

1.6 Training
The following training is provided by Crossroads Software, Inc. as part of the purchase of the SYSTEM.

1.6.1 Citations & Syncing – End User Training
Crossroads Software, Inc., will provide the City with four hours of training. This session will deal with the use of units and the writing of traffic citations and parking citations. Training will be conducted online using remote login.

1.6.2 System Maintenance and Administration Training
Crossroads Software, Inc., will provide administration and system maintenance training to a designated group of system support staff assigned to the project at Montclair Police Department.

MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 23 of 158

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 4, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: STA860
DEPT.: PUBLIC WORKS
PREPARER: R. HOERNING
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–84 WITH TKE ENGINEERING, INC. FOR

ENGINEERING DESIGN SERVICES FOR THE MONTCLAIR SAFE ROUTES TO SCHOOL (SRTS) IMPLEMENTATION PROJECT FOR SAFETY IMPROVEMENTS NEAR MONTCLAIR

HIGH, MONTE VISTA ELEMENTARY, AND MONTERRA ELEMENTARY SCHOOLS,

SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY CONSIDER AUTHORIZING A $459,580 APPROPRIATION FROM 2021 LEASE REVENUE BOND PROCEEDS FOR COSTS RELATED TO AGREEMENT NO. 24–84
CONSIDER AUTHORIZING A $45,420 CONTINGENCY FOR THE PROJECT REASON FOR CONSIDERATION: The City Council is requested to consider taking actions related to the design of Montclair Safe Routes to School (SRTS) Implementation Project for safety improvements near Montclair High, Monte Vista Elementary, and Monterra Elementary Schools. Approval of an agreement for professional services with the City, appropriation amount, and design service contingency require City Council approval.

A copy of proposed Agreement No. 24–84 with TKE Engineering, Inc. is attached for City Council’s review and consideration.

BACKGROUND: On June 29, 2023, the California Transportation Commission (CTC) approved the Active Transportation Planning (ATP) Cycle 6 Grant for $5,180,000 submitted by the San Bernardino County Transportation Authority (SBCTA) for the City’s application for the design and implementation of streets, pedestrian and vehicular safety improvements near Montclair High School (MHS) and Monte Vista and Monterra Elementary schools. This project is called the Montclair SRTS Implementation Project.

On March 4, 2024, the City Council approved a CEQA Notice of Categorical Exemption.

On June 28, 2024, the CTC allocated funds for the Caltrans project design, specifications, and cost estimate phase of the work. This project will implement improvements within the existing street right–of–way. The general scope of the project includes the design and construction of new and enhanced sidewalk segments, new and upgraded Americans with Disability Act (ADA) access ramps, enhanced pedestrian crosswalk striping and signage, street lighting, and bike lane modifications near three schools and adjacent neighborhoods.

Staff solicited engineering design services from five prequalified engineering firms. On September 30, 2024, the City received proposals from TKE Engineering, Inc. and HR Green. Proposals were reviewed, ranked, and references were checked for similar grant funded projects in accordance with Caltrans procedures and requirements.

MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 24 of 158 TKE Engineering, Inc. was determined to be the best suited for this Active Transportation Planning grant funded project. TKE Engineering project team has successfully completed similar projects for other jurisdictions. The reference feedback highly rated TKE’s project delivery and working relationship with Caltrans Local Assistance staff, which is an important aspect of this project. Staff considers the engineering fee to be reasonable for the scope of work.

FISCAL IMPACT: The estimated total project cost is $6,335,000, of which $5,701,000 is funded by ATP Cycle 6 Grant funding. This is a reimbursement Grant. The $634,000 in local match funding has been appropriated from the 2021 Lease Revenue Bond Proceeds.

RECOMMENDATION: Staff recommends that the City Council take the following actions:

1. Approve Agreement No. 24–84 with TKE Engineering, Inc. for engineering design services for the Montclair SRTS Implementation Project for safety improvements near Montclair High, Monte Vista Elementary, and Monterra Elementary Schools, subject to any revisions deemed necessary by the City Attorney;

2. Authorize a $459,580 appropriation from 2021 Lease Revenue Bond proceeds for costs related to Agreement No. 24–84; and

3. Authorize a $45,420 contingency for the project.

MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 25 of 158 Project Name:

Project Details:

Public Works/Engineering Department
Project No. (Assigned by Finance): x446
Phase Prior Years 2023/2024 2024/2025 2025/2026 2026/2027 2027/2028 Total Fund/Program EnvironmentalDesign 634,000.00 634,000.00 2021 LRB
Construction 5,701,000.00 5,701,000.00 ATP Cycle 6 Total 0.00 634,000.00 0.00 0.00 5,701,000.00 0.00 6,335,000.00 Approvals:Department: By: Date:

Finance By: Date:City Council Date:

Total Project
Cost: 6,335,000.00
Revision Number:

Infrastructure Fund
Capital Project Funding Information
Montclair SRTS Implemetation ProjectImprovements include new and enhanced sidewalk segments, new and upgraded Americans with Disabilities Act (ADA) access ramps, enhanced pedestrian crosswalks, striping and signage, street lighting, bike lane modifcations near Montclair High, Monte Vista and Monterra Elementary.Public Works/Engineering Fiscal Years
Preparation Date: February 26, 2024 Department:

Contact/Ext.: R. Hoerning
MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 26 of 158

May 2023

CITY OF MONTCLAIR

SAFE ROUTES TO SCHOOL IMPLEMENTATION PROJECT
(ATP CYCLE 6)
ATPL-5326(025)
AGREEMENT NO. 24-84 Page 1 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 27 of 158

May 2023

ARTICLE I INTRODUCTION
A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:

The name of the “CONSULTANT” is as follows:

TKE ENGINEERING, INC.

Incorporated in the State of California
The Project Manager for the “CONSULTANT” will be
TERRY RENNER.

The name of the “LOCAL AGENCY” is as follows:

CITY OF MONTCLAIR
The Contract Administrator for LOCAL AGENCY will be CITY OF MONTCLAIR.

B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated September 30, 2024. The approved CONSULTANT’s Cost Proposal is attached hereto (Attachment # 1a) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT. Further indemnification requirements are set forth at ARTICLE XIX.

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.

E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.

AGREEMENT NO. 24-84 Page 2 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 28 of 158

May 2023
F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.

H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.

ARTICLE III STATEMENT OF WORK
A. CONSULTANT Services
The CONSULTANT shall perform the tasks as described and set forth in Attachment # 2, attached hereto and incorporated herein as though set forth in full. The CONSULTANT shall complete the tasks according to the schedule of performance, which is set for the in Attachment # 1b, unless otherwise agreed in writing by parties.

CONSULTANT is bound by the contents of the City’s Request for Proposal, Attachment # 2 hereto and incorporated herein by this reference, and contents of the proposal submitted by CONSULTANT, Attachment # 1a hereto. In the event of conflict, the requirements of City’s Request for Proposals and this Agreement shall take precedence over those contained in the CONSULTANT’s proposals.

The following represents a summary of the deliverables:
 Pre- & Post- Project Photos
 Field Review & Scope Adjustments
AGREEMENT NO. 24-84 Page 3 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 29 of 158

May 2023
 Pre- & Post- Project ATP User Counts
o ATP User Count Methodology & Analysis Technical Memo
 Engineering Probable Cost Estimates
 Signed and stamped mylar plans, 24”X36”
 Signed and Stamped Specifications
 Plans & Specifications in .PDF, AutoCad and Word formats  As-built mylars and a PDF as-built file
 All project related work products and/or documents as requested by the City  Preparation of Caltrans Forms
o Change of Scope
o Budget Adjustment
o Schedule Adjustment
o Progress Reporting
 Construction assistance, response to request for information/clarification (RFI’s) from the Contractor, Contractor shop drawing review, Contractor submittal review The City has filed a CEQA Categorical Exemption for the project with the San Bernardino County and the Office of Planning and Research and coordinated with Caltrans as part of the Project Approval/Environmental Documentation phase of the project.

B. Right of Way
The project does not require additional right of way
C. Surveys
CONSULTANT shall be responsible for the preliminary, and design surveys.

D. Subsurface Investigations
It is not anticipated special sub-surface investigations will be required.

E. Local Agency Obligations
CONSULTANT shall have access to three graphic schematics of the improvements and recent ATP Progress Report, relevant portions of the project application, and access to the Active Transportation Plan Section of the City website the City’s Safe Routes to School (SRTS) plan which describes the improvements needed for each of the school sites www.cityofmontclair.org/current-projects-inmontclair/ as well as other relevant safety planning documents to assist in the preparation of the project construction documents.

F. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings. All costs including the initial meeting costs shall be included in the CONSULTANT Fee.

G. Checking Shop Drawings
Payment for checking shop drawings by CONSULTANT shall be included in the AGREEMENT fee.

H. CONSULTANT Services During Construction
CONSULTANT’s Fee and services during the course of construction shall include RFI’s, submittals, shop drawings, any survey as needed to clarify the CONSULTANT’s design.

AGREEMENT NO. 24-84 Page 4 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 30 of 158

May 2023
I. Documentation and Schedules
AGREEMENTs where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This includes preparation of progress to be submitted with CONSULTANT’s progress payment requests, and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives.

J. Deliverables and Number of Copies
The CONSULTANT shall provide five (5) sets of 24”x36” plan sets stapled, specifications, estimates, technical memorandum, and an e-file for each review, unless otherwise allowed by the LOCAL AGENCY. CONSULTANT compensation for deliverables shall be included Fee.

ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on November 5, 2024, contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on January 2, 2028, unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.

B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.

C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $459,580.00. The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

AGREEMENT NO. 24-84 Page 5 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 31 of 158

May 2023
F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. 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.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.

H. CONSULTANT will be reimbursed promptly according to California Regulations 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 and 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 including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:

City of Montclair
Rosemary Hoerning
5111 Benito Street
Montclair, CA. 91763
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $459,580.00.

J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than fourteen (14) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

AGREEMENT NO. 24-84 Page 6 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 32 of 158

May 2023

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. 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.

C. 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.

D. 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.

ARTICLE VIII RETENTION OF RECORD/AUDITS
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.

ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.

B. Not later than thirty (30) calendar 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.

C. 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.

D. 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 AGREEMENT NO. 24-84 Page 7 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 33 of 158

May 2023
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.

E. 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.

AGREEMENT NO. 24-84 Page 8 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 34 of 158

May 2023

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.

ARTICLE X SUBCONTRACTING
A. 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.

B. 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.

C. 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.

D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.

E. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.

F. 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.

G. 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.

AGREEMENT NO. 24-84 Page 9 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 35 of 158

May 2023
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.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES – N/A

ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

AGREEMENT NO. 24-84 Page 10 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 36 of 158

May 2023
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT.

The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.

Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.

AGREEMENT NO. 24-84 Page 11 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 37 of 158

May 2023
F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the CONSULTANT of the project is not liable for the penalties described above unless the CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

AGREEMENT NO. 24-84 Page 12 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 38 of 158

May 2023

6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements.

Penalties are specified in Labor Code §1777.7.

ARTICLE XIII CONFLICT OF INTEREST
A. 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.

B. 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.

C. 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.

AGREEMENT NO. 24-84 Page 13 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 39 of 158

May 2023
D. 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.

ARTICLE XIV 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.

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING – N/A

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. 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.

B. 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.

C. 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.

D. 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.

E. 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.

AGREEMENT NO. 24-84 Page 14 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 40 of 158

May 2023
F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. 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.

H. 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.

I. 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.

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. 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.

B. 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.

C. 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.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION - N/A AGREEMENT NO. 24-84 Page 15 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 41 of 158

May 2023

ARTICLE XIX INSURANCE & INDEMNIFICATION
A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a Certificate of Insurance stating that there is insurance presently in effect for CONSULTANT, as follows:

1. Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office on an “occurrence” form CG 00 01, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per each occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Such limit(s) maybe satisfied by a combination of both primary and excess coverage.

2. Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned if Consultant owns any vehicles, non-owned and hired autos, with minimum limits of $2,000,000 for bodily injury and property damage, each accident. If Consultant owns no vehicles, auto liability coverage may be provided by means of a non-owned and hired auto endorsement to the general liability policy. Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement. Such limit(s) may be satisfied by a combination of both primary and excess coverage.

3. Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury $1,000,000 each employee for bodily injury by disease, and $1,000,000 policy limit by disease.

4. Professional Liability: Professional Liability insurance with limit of not less than $3,000,000 each claim and annual aggregate. Covered professional services shall specifically include all services to be performed under the Agreement and delete any exclusion that may potentially affect the work to be performed.

B. The Certificate of Insurance will provide:

1. That the insurer will not cancel the insured’s coverage without thirty (30) calendar days prior written notice to LOCAL AGENCY.

2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional insureds, but only insofar as the operations under this AGREEMENT are concerned.

3. That LOCAL AGENCY will not be responsible for any premiums or assessments on the policy.

C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this AGREEMENT. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event.

AGREEMENT NO. 24-84 Page 16 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 42 of 158

May 2023
D. INDEMNIFCATION

1. Defense, Indemnity and Hold Harmless. CONSULTANT’s shall defend, indemnify, and hold harmless the LOCAL AGENCY, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by CONSULTANT’s herein, caused by or arising out of the negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, employees, agents, and other persons or entities performing work for CONSULTANT’s.

2. Contractual Indemnity. To the fullest extent permitted under California law, Consultant shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by CONSULTANT’s or by any individual or entity for which Consultant is legally liable, including but not limited to Consultant’s officers, agents, representative, employees, independent CONSULTANT’s, subconsultants/subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, caused by or arising out of all negligent acts or omissions, or intentional misconduct of CONSULTANT’s, including its subconsultants/subcontractors, employees, agents and other persons or entities performing work for CONSULTANT. Indemnification shall include any claim that CONSULTANT, or CONSULTANT’s employees or agents, are or may be considered and treated as employees of the LOCAL AGENCY or are entitled to any employee benefits from LOCAL AGENCY including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties. CONSUTANT’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs.

3. Subconsultants/subcontractors and Indemnification. CONSULTANT agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subconsultant, Subcontractor, or other person or entity involved by, for, with, or on behalf of CONSULTANT in the performance of any aspect of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations, CONSULTANT shall be fully responsible for each and every Subconsultant, Subcontractor or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of CONSULTANT and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent AGREEMENT NO. 24-84 Page 17 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 43 of 158

May 2023
of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.

4. LOCAL AGENCY Lost or Damaged Property – Theft. CONSULTANT further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the LOCAL AGENCY arising out of or related in any way to the negligent acts or omissions or intentional misconduct of CONSULTANT or of CONSULTANT’s officers, agents, representatives, employees, independent contractors, subconsultants or affiliated or related entities and/or its or their employees, agents and representatives, whether such actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. LOCAL AGENCY assumes no responsibility whatsoever for any property placed on the premises of LOCAL AGENCY. CONSULTANT further agrees to waive all rights of subrogation against the Indemnified Parties.

5. Non-Waiver and Non-Exhaustion of LOCAL AGENCY’s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the CONSULTANT under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Consultant begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of CONSULTANT. The indemnity obligations of CONSULTANT shall continue until it is determined by final judgment that the claim against the LOCAL AGENCY and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the LOCAL AGENCY’s rights to contribution from CONSULTANT, or for the LOCAL AGENCY to dispute CONSULTANT’s refusal to defend and indemnify LOCAL AGENCY.

6. Limitations on Scope of Indemnity. Notwithstanding the foregoing, CONSULTANT shall not be responsible for indemnification for claims or losses caused by the sole negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties.

7. The obligations of CONSULTANT under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The CONSULTANT expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Consultant’s indemnity obligation set forth in this ARTICLE XIX shall not be limited by the limits of any policies of insurance required or provided by the CONSULTANT pursuant to this Agreement.

8. The CONSULTANT’s covenant under this ARTICLE XIX shall survive the expiration or termination of this Agreement.

ARTICLE XX FUNDING REQUIREMENTS
A. 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.

AGREEMENT NO. 24-84 Page 18 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 44 of 158

May 2023
B. 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.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

D. 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.

ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.

ARTICLE XXII 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.

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and Monica Heredia, Public Works Director/City Engineer, who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.

AGREEMENT NO. 24-84 Page 19 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 45 of 158

May 2023

ARTICLE XXIV 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.

ARTICLE XXV SAFETY
A. 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.

B. 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.

C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

ARTICLE XXVI OWNERSHIP OF DATA
A. 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.

B. 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.

C. 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.

D. 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).

E. 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.

AGREEMENT NO. 24-84 Page 20 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 46 of 158

May 2023
ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. 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.

B. 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.

C. 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.

ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. 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.

B. 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.

C. 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.

D. 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.

E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

F. 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.

AGREEMENT NO. 24-84 Page 21 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 47 of 158

May 2023

ARTICLE XXIX 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.

ARTICLE XXX 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.

ARTICLE XXXI PROMPT PAYMENT
A. PROMPT PAYMENT FROM LOCAL AGENCY TO CONSULTANT
The LOCAL AGENCY shall make all project 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 CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) The LOCAL AGENCY shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
(2) The LOCAL AGENCY must return any payment request deemed improper by the LOCAL AGENCY to the CONSULTANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

B. PROMPT PAYMENT CERTIFICATION
For projects awarded on or after September 1, 2023: the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The LOCAL AGENCY must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the CONSULTANT.

AGREEMENT NO. 24-84 Page 22 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 48 of 158

May 2023

ARTICLE XXXII TITLE VI ASSURANCES
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.

CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

AGREEMENT NO. 24-84 Page 23 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 49 of 158

May 2023

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 nondiscrimination 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).

AGREEMENT NO. 24-84 Page 24 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 50 of 158

May 2023

ARTICLE XXXIII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT:

TKE Engineering, Inc.

Terry Renner, Project Manager
2305 Chicago Avenue
Riverside, CA. 92507
LOCAL AGENCY:

City of Montclair
Rosemary Hoerning, Contract Administrator
5111 Benito Street
Montclair, CA. 91763

ARTICLE XXXIV CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.

ARTICLE XXXV SIGNATURES
City of Montclair TKE Engineering, Inc.

Javier John Dutrey, Mayor Michael P. Thornton, President Date
Attest:

Date
Andrea Myrick, City Clerk
Approved as to Form:

Terry Renner, Senior Vice President
Date
Diane Robbins, City Attorney
Date
AGREEMENT NO. 24-84 Page 25 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 51 of 158 Attachment # 1a
AGREEMENT NO. 24-84 Page 26 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 52 of 158 AGREEMENT NO. 24-84 Page 27 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 53 of 158 Page |i
SECTION A | UNDERSTANDING OF THE WORK TO BE DONE

Prepared for:

City of Montclair
5111 Benito Street
Montclair, CA 91763
Contact: Rosemary Hoerning, P.E., P.L.S., M.P.A.

City Engineering Consultant
Phone: (909) 626-8571
Email: [email protected]
Prepared by:

TKE Engineering, Inc.
2305 Chicago Avenue
Riverside, CA 92507
Contact: Terry Renner, P.E., P.L.S., Q.S.D.

Senior Vice President
Phone: (951) 680-0440
E-mail: [email protected]

TECHNICAL PROPOSAL
Section A | Understanding of the Work to be done
Section B | Experience with similar kinds of work
Section C | Quality of staff for the work to be done
Section D |Capability of developing innovative or advanced techniques Section E | Familiarity with State procedures
Section F | Financial responsibility
Section G | Demonstrated Technical Ability

APPENDICES
Appendix A | Resumes

TABLE OF CONTENTS
AGREEMENT NO. 24-84 Page 28 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 54 of 158 Page |2
Safe Routes to School Implementation Project
City of Montclair
SECTION A | UNDERSTANDING OF THE WORK TO BE DONE
SECTION A | UNDERSTANDING

OF THE WORK TO BE DONE

WORK PLAN

PROJECT UNDERSTANDING
TKE understands the City of Montclair (City) desires to utilize Federal Safe Routes to Schools grant funds to
design and construct improvements to close sidewalk
gaps construct crosswalks, ADA curb ramps, flashing
beacons and street lights to enhance pedestrian safety.

The proposed street segments are situated in densely
populated areas that have major sidewalk gaps forcing
pedestrians and bicyclist to share the roadway with
vehicles traveling at high speeds. The project will create separate pathways for pedestrians, safely removing them from vehicular travel lanes, to provide sidewalks where there are none and closing existing sidewalk gaps to
improve connectivity for school children and residents on multiple roadways. The projects consist of installing
Americans with Disabilities Act (ADA) compliant sidewalks and curb, sidewalk and access return ramps, curb and
gutter, minor street widening, street signing and striping to include bike lanes, the retrofitting/removal and the replacement of non-compliant sidewalk and curb within
the project limits.

The City’s General Plan incorporates a transition from a traditional automobile prioritized transportation systems to the concept of Complete Streets where streets are
designed and operated for safe access for all by creating a balance for all users of all age groups and all abilities, including pedestrians, bicyclists, motorist, and public transportation users. facilitate the safe movement of
children and older adults through the community and to
various school sites. Enhanced public safety and driver awareness is a priority for the City. The City has a goal of zero injuries. The City has prepared several studies to identify beneficial safety measures and guide the City
with a plan to implement the safety measures. To be
responsive to community safety concerns and given the
time needed to processing the grant applications and
select awardees, the City has likely implemented some
improvements that are identified in the grant application.

These improvements, for example, include some ADA
ramps, retrofit of existing Stop signs to flashing Stop signs, flashing pedestrian beacon crosswalk at Monte Vista
Avenue and Bandera Street, etc.

The goal of this project is to implement transportation safety measures and improvements in neighborhoods
and around three of the City local public schools to
improve awareness and safe walking, bicycling, or other forms of mobility and access.

The City has a number of capital projects under
development that interface with these improvements
and will need to be coordinated. Projects in progress
include Monte Vista Avenue widening and Holt Boulevard
Street rehabilitation projects. The successful consultant is expected to coordinate as necessary with these other public works project.

The City completed the Montclair Safe Routes to School
Plan to identify safety measures that would facilitate the safe movement of children and older adults through the
community and to various school sites. Enhanced public
safety and driver awareness is a priority for the City.

PROJECT APPROACH
Our approach to your project, recognizing that both
schedule and budget are of primary concern, dictates that design decisions must be made quickly and carefully.

When this is coupled with the various constraints present, it is critical that the City choose a consultant with a proven track record of delivering. With a familiar team of senior level design professionals, TKE is the right choice for this project.

With a project of this type, our experience tells us that there has to be a proactive approach to completing the
work. This includes early identification of critical design elements and accurate cost estimating throughout the
entire process, as well as familiarity with the funding source. In preparing this proposal, our team established key issues so we can “hit the ground running” to make this a successful project for the City.

CRITICAL ISSUES
TKE has extensive experience with SR2S and ATP State
and Federally funded design projects. TKE is currently
working with the City on a roundabout design project with local assistance grant funding (HSIP) With our
AGREEMENT NO. 24-84 Page 29 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 55 of 158 Page |3
Safe Routes to School Implementation Project
City of Montclair
SECTION A | UNDERSTANDING OF THE WORK TO BE DONE
understanding of the City, relationships with City Staff, knowledge of the funding source and wide range of
experience, TKE is able to hit the ground running for the design of the current project.

Identification of Critical Design Elements
Our approach to identifying critical issues will be to
immediately go into the field and document all the critical design elements so they can be presented to the City.

This will give us a head start on instructing our survey team about what detailed information to collect. Some
of these elements include key ground elevation
information at the curb returns to determine how ADA
access will be maintained and how proposed bike lanes
will transition through the intersections.

Private Improvements
Private improvements such as mailboxes, fences, and
landscaping will be impacted by the street
improvements. TKE will identify such impacts early
during project design and will develop an action plan for working with residents that will be impacted. Our goal
will be to complete design that will provide ADA
accessibility at the same time as minimizing private
property impacts.

Utility Coordination
Based on field review, some utilities will require
relocation and/or adjustment for the proposed
improvements. These facilities include utility boxes, fire hydrants, manholes and water meters. Again, we will
identify these facilities early in project design to begin coordination at the earliest opportunity. Agencies that maintain private utilities can be cumbersome in getting facilities relocated. Early coordination will prevent
project delays.

Right-of-Way
Upon determination of construction limits, TKE will assess right-of-way needs. Based on our preliminary research of existing right-of-way limits it is unclear if right-of-way will be required to create ADA pathways around driveways
and at intersections.

Accurate Cost Estimating
TKE understands the limits on SR2S funding. Because of
the limited budget for this project, it is important to keep costs controlled. Our approach to controlling costs is to provide frequent and accurate cost estimates by using
TKE’s detailed cost estimating database. In addition to using this database, TKE utilizes our considerable
experience with Construction Management to assist in
providing constructability reviews and cost estimating
based on current information from our on-going projects.

Finally, with the current economic climate, construction costs are widely varying. We will also discuss the project elements with local contractors to assure that we have
the most current construction information available so
that the City can ensure the most value for the public’s dollar.

Familiarity with Funding Source
TKE is well versed with Caltrans Local Assistance
requirements as well as the general guidelines for
implementing Federally funded Safe Routes to Schools
projects. They include:
• Requesting that Caltrans furnish an expenditure
authorization number.
• Submitting allocation request and finance letters
to Caltrans Local Assistance requesting
reimbursable costs allocation
• Ensuring Caltrans prepares a Program
Supplement Agreement for City execution. If the
City does not have a “State Funds Master
Agreement” on file with Caltrans, one will be
required.
• Ensuring that the City acquires Local Assistance
approval for all required environmental
clearances (CEQA) and right-of-way needed for
the project.
• Ensuring that the project complies with the
requirements of the Americans with Disabilities
Act.
• Processing invoices to Caltrans Local Assistance
for reimbursement.

SCOPE OF WORK
TKE will provide project management, survey and design
services in three progressive phases, 60% Level
Completion, 90% Level Completion and 100% Level
AGREEMENT NO. 24-84 Page 30 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 56 of 158 Page |4
Safe Routes to School Implementation Project
City of Montclair
SECTION A | UNDERSTANDING OF THE WORK TO BE DONE
Completion. TKE’s scope of services is presented in the following paragraphs:

TASK NO. 1 PROJECT MANAGEMENT
TKE’s Project Manager will be responsible for the entire project team. He will attend all meetings, prepare
agendas and corresponding meeting minutes together
with collection of signatures for meeting attendees (signin sheets). He will meet with the City at appropriate times and will meet as needed with agencies, residents,
property owners, and utilities in addition to the meetings presented below. He will also update the project budget and schedule prior to each City meeting for discussion
with staff.

Deliverables: Agendas, Meeting Minutes, Exhibits, and
Project Progress, Schedule and Budget Updates
TASK NO. 2 INITIAL ‘KICK OFF’ MEETING
Prior to commencement of services, we propose to meet
City staff to review project obligations and to discuss all project requirements in detail. TKE’s Project Manager
and Project Engineer will attend the meeting to
determine project protocol and obtain City record
drawings.

Deliverables: Agenda, Minutes, and Distribution to all
Entities
TASK NO. 3 RECORDS RESEARCH
We will thoroughly research existing utility records and acquire copies of all available records. The purpose of the records research is to assemble survey records to
establish locations of street centerlines, street rights-ofway, and easements and determine locations of all existing utilities and improvements. The research will
consist of assembling copies of assessors’ maps, tract
maps, parcel maps, easement documents, monument
ties, benchmark data, corner records, street and storm
drain improvement plans, and utility drawings. We will
request the City provide copies of available pertinent City records, such as survey ties, benchmarks, and street,
sewer and storm drain improvement plans.

We will notify Underground Service Alert to acquire a
complete list of underground utility purveyors. The utility drawings will include existing drawings from the City, and drawings and/or atlas maps from all private utility
companies, and/or agencies. We will confer and
coordinate with the following agencies as well as any
additional agencies listed in the Underground Service
Alert:
• Monte Vista Water District
• Southern California Gas Co.
• Southern California Edison
• Cable Television
We will send first utility notice letters to all listed utility companies and agencies requesting their data. We will
maintain copies of the letters and correspondence for
future reference. We shall also provide the City with a complete copy of all correspondence with all utility
companies.

Deliverables: Record Data and Utility Information
TASK NO. 4 DESIGN SURVEY
TKE will conduct a conventional design survey of the
sidewalk and ramp construction project areas due to the level of detail needed for precise grading design and to document recently constructed improvements. Our field
survey crews will collect appropriate detail as required to prepare a topographic map for all areas where grading
improvements are required. We will collect 50-foot cross sections with shots extending to right-of-way and 10-feet beyond right-of-way on each side where possible. Survey data will include trees over 2-inches in diameter,
buildings, walkways, sidewalks, driveways, curbs, gutters, cross gutters, fire hydrants, water valves, manholes,
water meters, signs, street lights, power poles, fences, structure, traffic signal poles and all other visible
features.

Our crews will set 100-foot stationing along street
centerlines and collect existing topography as needed to provide sufficient level of detail for precise design. The crew will also measure invert, top of cone and rim
elevations for all existing manholes in the project area and invert and rim elevations for all drainage
facilities. The crew will set temporary benchmarks within the project limits and each will be shown on the
drawings.

Deliverables: Ground Topography, Utilities and Data in
ASCII Format with Description Codes.

AGREEMENT NO. 24-84 Page 31 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 57 of 158 Page |5
Safe Routes to School Implementation Project
City of Montclair
SECTION A | UNDERSTANDING OF THE WORK TO BE DONE
TASK NO. 5 BASE CONSTRUCTION

DRAWINGS
We will prepare the base construction drawings on 24” by 36” sheets with the City’s standard title block using
AutoCAD 2020 software, at a drawing scale of 1”=40’. The base construction drawings will include a plan view based on the accumulated conventional survey data. We will
add the sheet north arrow, graphic scale, existing
improvements and utilities (based on both assembled
records and field data), property lines, public and private right-of-way, easement areas, assessor parcel numbers,
street centerline, street names, building locations, water service location; sewer manhole lids and water valve lids; cross gutters; driveways, pedestrian ramps; traffic stripes and legends; curb returns; details of private
improvements, fences, gates, irrigation systems,
mailboxes, trees and landscaping, and survey data to the drawings. Once the base drawings are complete, we will
perform a careful field review to ensure all underground facilities are shown correctly.

Deliverables: Base Construction Drawings in Plan View
TASK NO. 6 60% DESIGN
60% Design will include preparation geometric roadway
improvement exhibits, preliminary construction
drawings, preliminary technical specifications,
preliminary construction estimates, and completed
geotechnical report.

Construction drawings will show proposed street
geometrics including locations of proposed asphalt
concrete pavement, curb and gutters, sidewalk, ramps,
drive approaches, and bike lanes. In addition, preliminary street and sidewalk grades will be prepared to establish project grading requirements. Proposed improvements
will be designed in accordance with the City’s current
street design standards and specifications. The proposed improvements will be designed to minimize removals,
grading and earthwork.

For the drawings, we will prepare a title sheet,
construction notes sheet, demolition sheets, plan/profile sheets, signing and striping sheets, and necessary detail sheets.

The title sheet shall include the title of the job, a vicinity map showing the City in relationship to surrounding
communities, a location map showing the project limits, a list of abbreviations used, benchmark data, general notes, construction notes and quantities, an index for the
drawings, list of utilities with phone numbers, and
references on the City’s standard title block.

The construction note sheet will show general
construction notes and project specific requirements.

The demolition sheet will show existing improvement
demolition including limits of pavement removal, saw
cutting locations and limits and concrete cross gutters and curbs, if required. In addition, the plan will specify
relocation of private improvements such as mailboxes
fences, drive approaches, etc. as required.

Plan/profile sheets will show proposed improvements at
1”=40’ scale including curb and gutter, sidewalk, ramps, driveways, pavement limits, existing utility relocations, water service relocations, and manhole, valve, and vault cover grade adjustments. For the profile portion of the drawings, we will show existing and proposed pavement
elevations at centerline top of curb and centerline with appropriate design data.

The construction details will include connections and t details, all at appropriate drawing scales.

The signing and striping sheets will include all required pavement markings, lane stripes and signage in
accordance with the MUTCD, California supplement and
all other applicable City requirements, for the project limits. The sheets will be prepared at 1”=40’ scale and include full geometrical layouts at each intersection.

For the specifications, we will amend the City Standards Technical Provisions as required for the projects. The
construction specifications will be prepared in Microsoft Word (2019 Version) format in accordance with City
standards.

In addition, we will prepare quantity estimates for all proposed improvements prepared using an excel
spreadsheet showing an itemized construction cost
breakdown. Descriptions of work, unit prices, and
quantities will be included in the spreadsheet.

AGREEMENT NO. 24-84 Page 32 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 58 of 158 Page |6
Safe Routes to School Implementation Project
City of Montclair
SECTION A | UNDERSTANDING OF THE WORK TO BE DONE
Deliverables: 60% Design Sheets
TASK NO. 7 COORDINATION WITH AGENCIES/

UTILITIES
After 60% design is complete, plans will be sent to
agencies having facilities in the project areas requesting that they verify their facilities are shown correctly and that they furnish any construction requirements they
desire. We will highlight each agency’s facilities and
advise each of potential conflicts and relocation
requirements. We will request that they respond within
two weeks and we will follow up with telephone calls to confirm all agency requirements have been incorporated.

We will document all conferences with utilities and
agencies and copy the City via e-mail.

Deliverables: Utility Coordination Matrix
TASK NO. 8 60% DESIGN REVIEW MEETINGS
After the City has completed its review, we will meet with City staff to acquire Staff’s comments.

Deliverables: Meeting Agenda, Minutes and Final Design
Approval
TASK NO. 9 90% DESIGN
90% design will include incorporation of City comments, final street design and signing and striping plans. We will verify that the project will comply with ADA design
requirements and that adequate drainage will be
achieved.
90% Design will be submitted with a project summary
memorandum together with updated project
specifications and estimates.

Deliverables: 90% Design Sheets
TASK NO. 10 90% DESIGN REVIEW MEETINGS
After the City has completed its review, we will meet with City staff to acquire Staff’s comments.

Deliverables: Meeting Agenda, Minutes and Final Design
Approval
TASK NO. 11 100% DESIGN
100% design will include incorporation of City comments, final plans, specifications, and estimates, ready for public bidding. Final documents will include mylars and hard
copy specifications with signatures and electronic copies of final documents.
100% Design will be submitted with a project summary
memorandum together with an updated project
schedule, additional stakeholder meeting summary, and
internal plan review documentation.

Deliverables: One (1) Full-Size Mylar of 100% Drawings; Hard Copy of Specifications and Estimate, Electronic Files of Final Plans, Specifications and Estimate
TASK NO. 12 FINAL COORDINATION WITH

AGENCIES/UTILITIES
After the final drawings are approved by the City, we will again submit them to all agencies/utilities having
underground facilities in the project area requesting that they verify their facilities are shown correctly and we will advise them of the project construction schedule and
relocation requirements. In addition, we will coordinate final relocation construction prior to project bidding. We will document all meetings and conferences with utilities and agencies.

Deliverables: Utility Coordination Matrix
TASK NO. 13 GRANT ASSISTANCE
TKE will collect pre- & post- project photographs of the areas to be improved and pre- & post- project ATP User
Counts. The data gathered will be used to prepare a
technical memorandum report providing the
methodology used for the count program and explanation
concerning the changes in the user counts. In addition, TKE will also prepare any Caltrans forms for the change of scope, budget adjustment, schedule adjustment and
progress reporting. This information will be consistent with the ATP program requirements and will be tabulated in a manner that is easily entered in to the CalSmarts
Reporting Platform. TKE will prepare a work schedule,
which indicates the tasks, long lead work items, and the milestone dates to ensure the project meets the
implementation requirements. All work will be
performed in accordance with ATP Cycle 6 guidance
documents, Local Assistance Procedures Manual (LAPM),
and Local Assistance Program Guidelines (LAPG) manuals
Deliverables: Pre-& Post Project Photos, Field Review & Scope Adjustments and Preparation of Caltrans Forms.

AGREEMENT NO. 24-84 Page 33 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 59 of 158 Page |7
Safe Routes to School Implementation Project
City of Montclair
SECTION B | EXPERIENCE WITH SIMILAR KINDS OF WORK
SECTION B | EXPERIENCE WITH

SIMILAR KINDS OF WORK

GRANT EXPERIANCE
Our firm possesses the capability and comprehends the significance of adhering to ATP grant funding requirements in design and construction projects. TKE brings extensive expertise with grant funded projects and pedestrian and vehicular enhancements for the installation of pedestrian improvements.

Pedestrian improvement installations, play a pivotal role in pedestrian and vehicular safety improvements for various reasons:

Vehicle Collision Mitigation: Curbs and other pedestrian improvements act as a barrier between vehicles and hazardous elements such as steep slopes, fixed objects, or opposing traffic lanes. Guardrails can absorb the impact energy of a collision, reducing the severity of injuries and preventing vehicles from leaving the roadway.

Channelization of Traffic: Striping and other pedestrian improvements assist in directing the flow of traffic by delineating lanes and separating opposing directions, reducing the risk of head-on collisions and improving overall traffic safety.

Pedestrian Protection: In urban areas, curbs and other improvements can provide a protective barrier between vehicular traffic and pedestrians, enhancing pedestrian safety along roadways and walkways.

Enhanced Visibility: Pedestrian improvements equipped with reflective materials or warning devices improve visibility, especially during low-light conditions or inclement weather, thereby alerting drivers to potential hazards and reducing the likelihood of accidents.

Curbs and other pedestrian improvements are essential safety features that serve to mitigate the severity of collisions, prevent road departures, channelize traffic, protect pedestrians, and enhance overall visibility, thereby contributing significantly to safety improvements on roadways.

Flashing stop signs offer several benefits for safety improvements:

Increased Visibility: The flashing lights draw greater attention to the stop sign, particularly in low-light conditions or during adverse weather, improving its visibility to drivers approaching the intersection.

Enhanced Recognition: The flashing lights serve as a visual cue to drivers, signaling the need to stop, which can reduce the likelihood of drivers running through the stop sign unintentionally, especially at intersections with high speeds or limited sight distances.

Improved Intersection Safety: By increasing the effectiveness of stop signs, flashing lights contribute to overall intersection safety by promoting compliance with traffic regulations and reducing the risk of collisions between vehicles approaching from different directions.

Pedestrian Safety: Flashing stop signs can also benefit pedestrians by alerting drivers to the presence of crosswalks or pedestrian crossings, encouraging them to come to a complete stop and yielding the right-of-way to pedestrians.

In essence, the collective implementation of curbs, flashing crosswalks and signs and other pedestrian improvements represent a proactive commitment to fostering a safer, more secure roadway network for all users.

AGREEMENT NO. 24-84 Page 34 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 60 of 158 Page |8
Safe Routes to School Implementation Project
City of Montclair
SECTION B | EXPERIENCE WITH SIMILAR KINDS OF WORK

GRANT-FUNDED DESIGN AND CONSTRUCTION EXPERIENCE
CMAQ GRANT CV SYNC – PHASE I & II, COACHELLA VALLEY ASSOCIATION OF

GOVERNMENTS (CVAG), COACHELLA VALLEY, CA
GRANT SERVICES for this CMAQ funded construction management project included:

ATP GRANT JUAN BAUTISTA DE ANZA TRAIL, CITY OF MORENO VALLEY GRANT SERVICES for this ATP funded construction management project included:

HSIP GRANT JURUPA VALLEY GUARDRAIL REPLACEMENT PROJECT, JURUPA

VALLEY, CA
GRANT SERVICES for this HSIP funded construction management project included:

PNRS GRANT BOULDER AVENUE IMPROVEMENTS PROJECT, CITY OF HIGHLAND, CA GRANT SERVICES for this PNRS funded construction management project included:

LPP GRANT COUNTY LINE ROAD TRANSPORTATION CORRIDOR, CITY OF CALIMESA, CA
GRANT SERVICES for this LPP funded construction management project included:

SR2S GRANT SAFE ROUTES TO SCHOOL CYCLE 10 (SR2S), CITY OF HIGHLAND, CA GRANT SERVICES for this SR2S funded construction management project included:

Grant Administration LAPM Form Preparation
Reimbursement Assistance
Grant Administration LAPM Form Preparation
Reimbursement Assistance
Grant Administration LAPM Form Preparation
Reimbursement Assistance Fund Transfer
Grant Administration LAPM Form Preparation
Reimbursement Assistance
Project Analysis Reimbursement Assistance
Finance Letter LAPM Form Preparation
Request for Allocations Right-of-Way Certification
Grant Administration Fund Transfer
Grant Administration LAPM Form Preparation
Reimbursement Assistance
AGREEMENT NO. 24-84 Page 35 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 61 of 158 Page |9
Safe Routes to School Implementation Project
City of Montclair
SECTION C | QUALITY OF STAFF FOR THE WORK TO BE DONE
SECTION C | QUALITY OF STAFF

FOR THE WORK TO BE DONE

FIRM PROFILE
TKE Engineering, Inc. (TKE), has extensive experience with an excellent reputation in both the design and
construction support of state and federally funded street and pedestrian enhancement improvement facilities,
including associated drainage, grading, striping and
signing designs.

TKE was established in 2000, and in the last twenty-four years has developed into one of Southern California’s
premier full-service consulting engineering firms. TKE is a California Corporation and our only office is located in a business owned 7,000 square foot office building at 2305 Chicago Avenue, Riverside, CA 92507. TKE currently
maintains a staff of 61 engineers, surveyors, inspectors, drafters and clerical personnel. We have successfully
completed complex and challenging projects for a variety of municipal agencies who have continued to request that we partner with them in delivering projects to their
communities.

PROPOSED TEAM
TKE’s project staff hold all necessary and required licenses and credentials to provide the proposed services.

Education, experience and applicable professional
credentials of proposed project staff can be found on
their respective resumes in Appendix ‘A.’
TKE’s acknowledges that the proposed team shall not
changes in the executed contract TKE’s proposed team is described below.

KEY PERSONNEL
TKE has assembled an elite team of professionals to
partner with the City to provide Engineering and Design Services for Traffic Signal Phasing and Timing Project.

TKE’s management team came together out of the
collective belief of long-time practitioners that there needed to be, in the civil engineering and land surveying consultant’s marketplace, a company that brought
modern management techniques and new ways of
thinking to the business of consulting services for
engineering projects. Our management team is 100%
TKE Engineering, Inc. | AT A GLANCE
City/Traffic Engineer
TKE is the City Traffic Engineer in 7 Cities
Pedestrian and Traffic Signal
Design
TKE has provided Pedestrian and Traffic Signal
Design and Construction for more than 700
Pedestrian Crossing and Traffic Signals in over 30
Cities / Counties
Grant Management
TKE has managed more than $300M in grant
funded traffic and transportation projects.

Size of Organization
61 Professional Engineers, Traffic Engineers,
Traffic Inspectors, Project Managers, Surveyors,
Plan Checkers, Designers, Construction Managers,
and Support Staff
Location of Office
TKE Engineering, Inc.
2305 Chicago Avenue
Riverside, CA 92507
Years in Business
TKE has conducted business for the past 24 years
and has 24 years of experience in providing traffic
engineering services for municipalities including
for Federal and State funded projects
Company Structure
TKE is a California Corporation founded in June
2000. TKE has no affiliates or subsidiary
companies. California Business License Number:
00109901 TKE DIR No. 1000413173
Firm Owners
Michael P. Thornton, P.E., P.L.S., M.S. – President
Terry Renner, P.E., P.L.S., Q.S.D. –
Senior Vice President
Steven W. Ledbetter, P.E. –
Vice President
City of Montclair
Point of Contact
Terry Renner, P.E., P.L.S., Q.S.D.

Senior Vice President
2305 Chicago Avenue
Riverside, CA 92507
Phone: (951) 680-0440
Email: [email protected]
AGREEMENT NO. 24-84 Page 36 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 62 of 158 Page |10
Safe Routes to School Implementation Project
City of Montclair
SECTION C | QUALITY OF STAFF FOR THE WORK TO BE DONE
accountable and responsible for TKE’s work product and
actively seeks feedback and suggestions on our services.

Each member of our team is discussed in the following
paragraph:

Terry Renner, P.E., L.S., Q.S.D.

Project Manager
P.E. No. 69984
P.L.S. No. 9762
Qualified SWPPP Developer
Certification No. 24329
Mr. Renner is the Senior Vice
President of TKE and has 24 years’ experience in design and construction management of traffic engineering
infrastructure projects, including pedestrian
improvements traffic signal improvements,
transportation improvements, and signing and striping
improvements. He will serve as the project manager for
all services provided. He has managed numerous
pedestrian crossings and traffic signal projects and has recently worked with the City on traffic signal video
detection upgrades and striping plans as part of the
Citywide paving project for arterial and collector
streets. As a project manager, Mr. Renner has been
responsible for staff augmentation oversight, design
production, supervising a staff of engineers and drafters, coordinating work between the production team and the
client, and for submitting all deliverables in a timely manner. He has successfully delivered a wide variety of complex and challenging projects and is dedicated to
ensuring that the plans produced by TKE continue to
exceed industry standards. Mr. Renner has managed
numerous State and Federally funded projects with
outside funding sources requiring funding compliance
processing through Caltrans Local Assistance and other
regional transportation and water resource agencies.

Justin Schlaefli, P.E., T.E., P.T.O.E.

Traffic Engineer
R.C.E. No. 74670
T.E. No. 2564
Mr. Schlaefli has 24 years of
experience in the transportation
field. He is responsible for
managing projects on a day-to-day basis as well as
interfacing with other project team members and
decision makers/ government staff and Contractors. He
specializes in Signal Design, Intelligent Transportation Systems, Transportation Planning, Construction, Signal
Maintenance, Traffic Engineering and Traffic Operations.

He has experience working on both public sector projects as well as private sector development. His experience
ranges from design and construction management and
inspection and extends through operations and
maintenance. He also has experience conducting traffic
studies, specialized access analysis, parking studies, trip generation studies, traffic micro-simulation, signal
operations, signal timing, traffic control and design/build of ITS solutions. In addition, Mr. Schlaefli has served as a subject matter expert in court, for the State of California and for vendors in the transportation industry. He is also a proud alumnus of San Diego State University where he
has served as a guest lecturer and adjunct faculty teaching Transportation Engineering and helping to mentor the
next generation in his field.

Through his career, Mr. Schlaefli has accumulated truly unique experience in Traffic Engineering. For example,
Mr. Schlaefli has served as an expert for the State Board of Professional Engineers with respect to creation of the Traffic Engineer license exam. In addition, Mr. Schlaefli has served as a qualified expert witness for the US
Attorney’s office in cases involving traffic accidents and traffic signal timing. Mr. Schlaefli has completed
hundreds of traffic and safety studies throughout his
career including substantial CEQA/NEPA work. Finally,
Mr. Schlaefli has overseen design/build projects for signal modification and ITS improvements including projects in Caltrans jurisdiction and involving multi-agency
coordination.

Ron Musser, P.L.S.

Director of Surveys
P.L.S. No.4230
Mr. Musser has over 55 years of
experience in performing field
and office surveying services for
public and private projects
including design surveys and
right-of-way acquisition projects. Prior to joining TKE Engineering, Inc., Mr. Musser worked at the County of
Riverside as a County Surveyor for nearly 20 years
providing mapping, easement document preparation,
field surveying and calculations support for hundreds of projects. He has prepared records of survey, parcel maps, tract maps, right-of-way and easement documents in San
Bernardino County, Riverside County, San Diego County,
Orange County and Los Angeles County. He has
AGREEMENT NO. 24-84 Page 37 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 63 of 158 Page |11
Safe Routes to School Implementation Project
City of Montclair
SECTION C | QUALITY OF STAFF FOR THE WORK TO BE DONE
performed boundary, topographic, ALTA, and precise
level surveys as well as Global Positioning Surveys.

Monae Pugh
Traffic Engineering Specialist
Ms. Pugh has over 37 years of
Municipal and Public Agency
engineering experience with a
wide range of responsibilities and
projects emphasizing the
discipline of Transportation and
Traffic Engineering and has been with TKE for 10 years.

Prior to joining TKE, she worked at the City of Fontana managing both its Land Development and Traffic
Engineering Departments. Other prior experience
includes over 17 years in the County of Riverside Traffic Engineering Department. Ms. Pugh currently services the cities of Calimesa and Corona as a traffic engineering
specialist. Ms. Pugh will be responsible for providing
technical assistance to the traffic committee, study
reviews and the design review of all traffic signal services.

Travis Bradshaw
Project Engineer
Mr. Bradshaw is a Project
Engineer, Mr. Bradshaw has been
responsible for assistance in
construction management, utility
coordination, review of
construction submittals and
request for information responses, progress payments,
change orders review, preparation of construction cost
estimate and project specifications. Mr. Bradshaw
experience includes coordination with Caltrans Local
Assistance including processing approvals for preliminary engineering, right-of-way, utility relocation, and
construction. He has been responsible preparing and
submitting Award Packages and Final Reports of
expenditures as well as processing invoices

KEY PERSONNEL
Please see resumes provided in Appendix A.

AGREEMENT NO. 24-84 Page 38 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 64 of 158 Page |12
Safe Routes to School Implementation Project
City of Montclair
SECTION C | QUALITY OF STAFF FOR THE WORK TO BE DONE
Project Manager
Terry Renner, P.E., P.L.S.,
Q.S.D.

TKE Engineering Inc.

Director of Surveys
Ron Musser, P.L.S.

TKE Engineering Inc.

Project Engineer
Travis Bradshaw, E.I.T.

TKE Engineering Inc.

Traffic Engineering Specialist
Monae Pugh
TKE Engineering Inc.

Traffic Engineer
Justin Schlaefli, P.E., T.E.,
P.T.O.E.

TKE Engineering Inc.

ORGANIZATIONAL
CHART

SUPPORT TEAM
(60+ Members)
AGREEMENT NO. 24-84 Page 39 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 65 of 158 Page | 13
Safe Routes to School Implementation Project
City of Montclair
SECTION F | REFERENCES
SECTION D | CAPABILITY OF DEVELOPING INNOVATIVE OR

ADVANCED TECHNIQUES

PROJECT EXPERIENCE
ATP CYCLE 3 SAFE ROUTE TO SCHOOL PEDESTRIAN IMPROVEMENTS PROJECT City of Fontana, CA
Client Contact: Jeffrey Kim, P.E. | Engineering Manager Phone Number: (909) 350-6724
Email: [email protected]
Project Cost: $1.9M
Completion Date: March 2023

DESCRIPTION
TKE provided design engineering services for the Safe Routes to Schools project funded through ATP Cycle 2 for the City of Fontana for Fontana Ave and Arrow Boulevard. This project consisted of the preparation of full Construction documents including plans, technical specifications, construction cost estimates (PS&E) and construction support services for the 5,900 linear foot ADA and pedestrian enhancement project. The project included the construction of curb, gutter, sidewalk, curb ramp, bike lane improvements, utility relocations, storm drain modifications, private improvement restoration and signing and striping. TKE successfully coordinated with Caltrans for completion of the PES, right-of-way certifications and obtaining the RFA for construction.

SERVICES
Services included design, surveying, grant management, PES preparation, environmental compliance services, utility coordination, right-ofway engineering, and construction assistance.

KEY STAFF
Terry Renner, P.E., L.S., Q.S.D, Justin Schlaefli, P.E., T.E., P.T.O.E., Ron Musser, P.L.S.; Monae Pugh, Travis Bradshaw, E.I.T.

2ND STREET SAFE ROUTE TO SCHOOLS(SR2S) City of Calimesa, CA Client Contact: Will Kolbow
Phone Number: 909-795-9801
Email: [email protected]
Project Cost: $1.5 Million
Completion Date: September 2016

DESCRIPTION
The City of Calimesa was awarded funding for the pedestrian path of travel enhancements to provide increased safety for walking paths along 2nd Street between Avenue “L” and Avenue “H” and along Avenue “L” between 2nd Street and 3rd Street. Proposed curb, gutter and sidewalk improvements will be constructed for increased pedestrian safety. The project includes 1 mile of street improvements together with structural bridge widening over existing drainage channel, water main relocation, right-of-entry acquisition, public outreach and coordination with regulatory agencies, Riverside County Flood Control and Water Conservation District and Caltrans Local Assistance.

SERVICES
Services included funding administration through Caltrans Local Assistance, design, surveying, environmental compliance, utility relocation coordination, public outreach, permitting, right-of-entry acquisition documents, construction management, inspection, construction staking, and negotiation with property owners.

KEY STAFF
Terry Renner, P.E., P.L.S., Q.S.D., Justin Schlaefli, P.E., T.E., P.T.O.E., Ron Musser, P.L.S.

RELEVANCE TO MONTCLAIR
• SR2S Grant Funded
• ADA Improvements
• Street Widening
• Right-of-Way Acquisition
• Pavement Rehabilitation

RELEVANCE TO MONTCLAIR
• Street/Pedestrian Design
• Grant Funding Coordination
• Utility Relocation/Coordination
• Design Topographic Surveying
• Right-of-Way Engineering (19 Parcel
AGREEMENT NO. 24-84 Page 40 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 66 of 158 Page | 14
Safe Routes to School Implementation Project
City of Montclair
SECTION F | REFERENCES
SAFE ROUTE TO SCHOOLS CYCLE 10 (SR2S)
City of Coachella, CA

1. Client Contact: Mr. Jonathan Hoy, P.E.

Phone Number: (760) 398-3502
Email: [email protected]
Project Cost: $500 K
Completion Date: August 2016

DESCRIPTION
TKE provided design engineering services for the Cycle 10 Safe Routes to Schools project for the City of Coachella. This project consists of the preparation of full Construction documents including plans, technical specifications, construction cost estimates (PS&E) and construction support services for the design of the Class I and II Bicycle lanes, crosswalks, signs advanced stop/yield bars, ADA curb ramps, median islands, crossing islands and in-ground and overhead rapid flashing beacons.

SERVICES
Services include design, surveying, environmental compliance services, utility coordination, right-of-engineering, and construction assistance management.

KEY STAFF
Terry Renner, P.E., L.S., Q.S.D, Justin Schlaefli, P.E., T.E., P.T.O.E., Ron Musser, P.L.S., Monae Pugh

ATP CYCLE 1 SAFE ROUTES TO CALIMESA AND WILDWOOD ELEMENTARY SCHOOLS City of Calimesa and Yucaipa, CA

2. Client Contact: Fermin Preciado, P.E.

Phone Number: 909-797-2489
Email: [email protected]
Project Cost: 1.1 Million
Completion Date: 2017

DESCRIPTION
TKE is providing design engineering services for the Active Transportation Program, Cycle 1 Safe Routes to Calimesa and Wildwood Elementary Schools project for the Cities of Yucaipa and Calimesa. This project consists of the preparation of full Construction documents including environmental compliance documents, right-of-way acquisition, plans, technical specifications, construction cost estimates (PS&E) and construction support services for the design of the Bicycle lanes, curb and gutter, sidewalk, crosswalks, ADA curb ramps, signing and striping along Avenue ‘H’ from 3rd Street to Holmes Street and along County Line Road between 3rd Street and California Street.

SERVICES
Services include design, surveying, funding management through Caltrans, PES preparation, environmental compliance services, utility coordination, right-of-way engineering, and construction assistance.

KEY STAFF
Terry Renner, P.E., L.S., Q.S.D, Justin Schlaefli, P.E., T.E., P.T.O.E., Ron Musser, P.L.S.,, Monae Pugh

RELEVANCE TO REDLANDS
• Traffic Signal Design
• Timing Sheet Preparation
• SCE Coordination for Service Pedestal

RELEVANCE TO REDLANDS
• Traffic Signal Design
• Potholing
• SCE Coordination for Service Pedestal
AGREEMENT NO. 24-84 Page 41 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 67 of 158 Page |15
Safe Routes to School Implementation Project
City of Montclair
SECTION E | FAMILIARITY WITH STATE PROCEDURES
SECTION E | FAMILIARITY WITH

STATE PROCEDURES
Source
TKE is well versed with Caltrans Local Assistance
requirements as well as the general guidelines for
implementing Federally funded Safe Routes to Schools
projects. They include:
• Requesting that Caltrans furnish an expenditure
authorization number.
• Submitting allocation request and finance letters
to Caltrans Local Assistance requesting
reimbursable costs allocation
• Ensuring Caltrans prepares a Program
Supplement Agreement for City execution. If the
City does not have a “State Funds Master
Agreement” on file with Caltrans, one will be
required.
• Ensuring that the City acquires Local Assistance
approval for all required environmental
clearances (CEQA) and right-of-way needed for
the project.
• Ensuring that the project complies with the
requirements of the Americans with Disabilities
Act.
• Processing invoices to Caltrans Local Assistance
for reimbursement.

AGREEMENT NO. 24-84 Page 42 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 68 of 158 Page |16
Monte Vista Avenue Street Widening & Rehabilitation Project City of Montclair
SECTION F & G | FINANCIAL RESPONSIBILITY & DEMONSTRATED

TECHNICAL ABILITY
SECTION F | FINANCIAL

RESPONSIBILITY

FINANCIAL

RESPONSIBILITY
TKE’s organizational structure has steadily grown since our inception twenty-four years ago, which provides us
with a solid foundation and ensures successful
completion of any City project. TKE has an annual gross income of more than 10 million dollars. In addition, over TKE’s twenty-four years of business, not a single TKE
project has gone through litigation. There are no financial conditions that may impede TKE’s ability to provide
services or complete the services as outlined in the RFP.

No conditions or organizational conflicts of interest exists that will affect the ability of TKE to perform the required duties as described in this proposal.

PROJECT AVAILABILITY
The proposed team have the availability to perform the
services in a timely manner. The designated project
manager and project engineer shall remain on the project unless otherwise allowed/requested by the City. TKE’s
project team have worked together for more than 20
years on hundreds of projects. The continuity of our team will ensure the project will be successfully completed.

WORK SCHEDULE
TKE’s project delivery schedule is attached on page

16. INSURANCE COVERAGE
TKE Engineering Inc. is currently working with the City of Montclair on Projects and has current certificates of
insurance on file with the City.

PROFESSIONAL

SERVICE AGREEMENT
TKE has read the sample professional service agreement
language and takes no exceptions to the terms.

SECTION G | DEMONSTRATED

TECHNICAL ABILITY
Per the RFP Requirements TKE has submitted our fee
schedule and our company rates in a separate sealed
envelope.

AGREEMENT NO. 24-84 Page 43 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 69 of 158 Page |17
Monte Vista Avenue Street Widening & Rehabilitation Project City of Montclair
SECTION F & G | FINANCIAL RESPONSIBILITY & DEMONSTRATED

TECHNICAL ABILITY

PROJECT DELIVERY SCHEDULE
AGREEMENT NO. 24-84

MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 70 of 158 Page |18
Monte Vista Avenue Street Widening & Rehabilitation Project City of Montclair

APPENDICES

APPENDICES
AGREEMENT NO. 24-84 Page 45 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 71 of 158 Page |19
Monte Vista Avenue Street Widening & Rehabilitation Project City of Montclair

APPENDICES
APPENDIX A | RESUMES

TERRY RENNER,
P.E., P.L.S.,
Q.S.D.

Project Manager/Client
Contact
TKE Engineering, Inc.

EDUCATION
BS, Civil Engineering, California State
Polytechnic University, Pomona

REGISTRATIONS
P.E (CA) 69984
P.L.S. (CA) 9762
Qualified SWPPP Developer &
Practitioner #24329

CERTIFICATIONS
Caltrans SWPPP Certified QSP/QSD
Training

AFFILIATIONS
American Public Works Association
American Council of Engineering
Companies of California
Mr. Renner is the Senior Vice President of TKE and has over 24 years of experience in civil engineering design, plan checking, project management and construction management of both development and public works infrastructure projects, including grading improvements, street, traffic, and transportation improvements, pavement rehabilitation, drainage improvements, water and sewer improvements, public facilities, parks and recreation improvements. He currently provides project and construction management services for the Coachella Valley Association of Governments (CVAG), Mission Springs Water District and the cities of Coachella, Calimesa, Fontana, Wildomar, Highland, and Moreno Valley. He has managed design and construction on a variety of Capital Improvement Program and development projects of all sizes ranging from $100,000 to $80 Million. As a project manager, Mr. Renner has been responsible for field analysis of pavement deterioration, design production, supervising a staff of engineers and drafters, coordinating work between the production team and the client, and for submitting all deliverables in a timely manner. As a construction manager, Mr. Renner has been responsible for construction coordination and scheduling, utility relocation coordination, public relations, submittal review, supervising a staff of inspectors and subconsultants, weekly progress meetings, request for information responses, storm water management, progress payments, change order review and negotiations, labor compliance, and project closeout. He has successfully delivered a wide variety of complex and challenging projects and is dedicated to ensuring that the projects managed and delivered by TKE continue to exceed industry standards.

DETAILED PROJECT EXPERIENCE
• ATP Cycle 2 Safe Routes to School – Fontana Avenue and Arrow Boulevard Project, City of Fontana, CA- Mr. Renner was the project manager for design of the Active Transportation Program, Cycle 2 project.

This project consisted of the preparation of full Construction documents including plans, technical specifications, construction cost estimates (PS&E) and construction support services for the 5,900 linear foot ADA and pedestrian enhancement project. The project included the construction of curb, gutter, sidewalk, curb ramp, bike lane improvements, utility relocations, storm drain modifications, private improvement restoration and signing and striping. TKE successfully coordinated with Caltrans for completion of the PES, right-of-way certifications and obtaining the RFA for construction.
• ATP Cycle 1 Safe Routes to Calimesa and Wildwood Elementary Schools Project, City of Yucaipa/Calimesa, CA- Mr. Renner was the project manager for design of the Active Transportation Program, Cycle 1 project.

This project consists of the preparation of full construction documents including environmental compliance documents, right-of-way acquisition, plans, technical specifications, construction cost estimates (PS&E) and construction support services for the design of the Bicycle lanes, curb and gutter, sidewalk, crosswalks, ADA curb ramps, signing and striping along Avenue ‘H’ from 3rd Street to Holmes Street and along County Line Road between 3rd Street and California Street.
• Safe Route to Schools Cycle 10 (SR2S), City of Coachella, CA - Mr.

Renner was the project manager for design, surveying, environmental compliance services, utility coordination, right-of-engineering, and AGREEMENT NO. 24-84 Page 46 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 72 of 158 Page |20
Monte Vista Avenue Street Widening & Rehabilitation Project City of Montclair

APPENDICES
construction assistance management for the design and construction of Class I and II Bicycle lanes, crosswalks, signs advanced stop/yield bars, ADA curb ramps, median islands, crossing islands and in-ground and overhead rapid flashing beacons across the City.
• Thousand Palms Sidewalk Safety Improvements Project, Riverside County Transportation Department, Community of Thousand Palms, CA - Mr. Renner served as the principal in charge responsible for providing design engineering services for the Active Transportation Program Safe Routes to Della S Lindley Elementary School project for the County of Riverside Transportation Department in the Community of Thousand Palms. This project consists of the preparation of full Construction documents including plans, technical specifications, construction cost estimates (PS&E) and construction support services for the design of the roadway pavement, curb and gutter, sidewalk, crosswalks, ADA curb ramps, signing and striping along La Canada Way from Via Ventana to San Miguelito Drive and El Centro Way from Via Ventana to San Miguelito Drive. Services included design, utility conflict coordination, and construction assistance.
• 3rd Place Sidewalk and Roadway Safety Improvements Project, Riverside County Transportation Department, City of Blythe, CA - Mr.

Renner served as the principal in charge responsible for providing design engineering services for the Active Transportation Program Safe Routes to Felix J. Appleby Elementary School project for the County of Riverside Transportation Department and the City of Blythe. This project consists of the preparation of full Construction documents including plans, technical specifications, construction cost estimates (PS&E) and construction support services for the design of the roadway pavement, curb and gutter, sidewalk, grading of drainage/irrigation ditch, crosswalks, ADA curb ramps, signing and striping along 3rd Place from East Vernon Avenue to East 14th Avenue. Services included design, utility conflict coordination, and construction assistance.

AGREEMENT NO. 24-84 Page 47 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 73 of 158 Page |21
Monte Vista Avenue Street Widening & Rehabilitation Project City of Montclair
APPENDIX 1 | RESUMES
JUSTIN
SCHLAEFLI, P.E.,
T.E., P.T.O.E.

Project Traffic Engineer
TKE Engineering, Inc.

EDUCATION
M.S. Civil Engineering, Norwich
University
B.S. Civil Engineering, San Diego State
University

REGISTRATIONS
P.E. (CA): 74670
T.E. (CA): 2564

AFFILIATIONS
Member National Academy of Sciences,
Transportation Research Board
Member, Institute of Transportation
Engineers
Justin has nearly over 24 years of experience in the transportation field. He is responsible for managing projects on a day-to-day basis as well as interfacing with other project team members and decision makers/ government staff and Contractors. He specializes in Intelligent Transportation Systems, Transportation Planning, Construction, Signal Maintenance, Traffic Engineering and Traffic Operations. He has experience working on both public sector projects as well as private sector development. His experience ranges from construction management and inspection to operations and maintenance. He also has experience conducting traffic studies, specialized access analysis, parking studies, trip generation studies, traffic microsimulation, signal operations, signal timing, traffic control and design/build of ITS solutions. In addition, Justin has served as a subject matter expert in court, for the State of California and for vendors in the transportation industry. He is also a proud alumnus of San Diego State University where he has served as a guest lecturer and adjunct faculty teaching Transportation Engineering and helping to mentor the next generation in his field.

Through his career, Justin Schlaefli has accumulated truly unique experience in Traffic Engineering. For example, Justin has served as an expert for the State Board of Professional Engineers with respect to creation of the Traffic Engineer license exam. In addition, Justin has served as a qualified expert witness for the US Attorney’s office in cases involving traffic accidents and traffic signal timing. In addition, Justin has completed hundreds of traffic and safety studies throughout his career including substantial CEQA/NEPA work.

Finally, Justin has overseen design/build projects for signal modification and ITS improvements including projects in Caltrans jurisdiction and involving multi-agency coordination.

DETAILED PROJECT EXPERIENCE
• CV Sync Traffic Signal Synchronization, City of Palm Desert, CA-Justin serves as the Resident Engineer assisting in oversight of all construction management aspects for Phase 1 of the CV Sync project (Formerly CVAG TSSPP). This work involves plan review, management and approval of construction scheduling, budget, field work, local agency procedures and more. As the Local Agency Resident Engineer, Justin ensures adherence with applicable State and Federal requirements requiring familiarity with the CAMUTCD, Caltrans Standard Plans, Caltrans Construction Manual, Local Agency Procedures Manual and other applicable standards and documents. This project involves coordination and support across twelve agencies in the Coachella Valley.
• Summit Avenue and Cypress Avenue Traffic Signal, City of Fontana, CA- Mr. Schlaefli served as the Traffic Engineer. TKE provided design services for a new traffic signal on the intersections of Summit Avenue and Cypress Avenue. The project will construct a signalized “T” intersection using traffic signal poles and mast arms, while constructing minor improvements. The design incorporated pedestrian phasing and verification of and/or upgrading of the existing curb ramps to meet current ADA requirements and City standards. The project includes signal interconnection conduit design and SCE coordination for electrical services.
• Fitzgerald Avenue & Ayala Traffic Signal, City of Fontana, CA – Mr.

Schlaefli served as the Traffic Engineer. TKE designed the traffic signal and lighting improvements for Fitzgerald Avenue and Ayala Avenue. The AGREEMENT NO. 24-84 Page 48 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 74 of 158 Page |22
Monte Vista Avenue Street Widening & Rehabilitation Project City of Montclair
APPENDIX 1 | RESUMES
project consisted of the design of a traffic signal and lighting improvements along with signing and striping plans for Ayala Drive and Fitzgerald Avenue and upgrading existing curb ramps to meet the ADA compliance requirements. All utility coordination for removal of existing conflicting street lights and installation of SCE service pedestal was performed by TKE.
• Lusk Boulevard Adaptive Installation and Signal Upgrade, City of San Diego- Justin served as a project manager for this challenging design/build project with the City of San Diego. The project was conceived as a technology trial involving the upgrade of four intersections on Lusk Boulevard in San Diego. Required work involved technology evaluation and discussion, pre-construction planning, design, permitting, review of field conditions and definition of project requirements, installation oversight, coordination with Agency staff, quality assurance, inspection, approval of change orders, project reporting, configuration, training and system commissioning activities.

Justin served as overall project manager throughout the process and was responsible for accelerating the project schedule to meet funding requirements. Justin also completed before and after studies and system monitoring for over one year. The project involved controller upgrades, communications upgrade and testing, camera installation, adaptive equipment installation in cabinets, traffic control and reporting.

Technology involved McCain 170 controllers, Quicnet and Rhythm Engineering’s InSync system.
• Willow Avenue and San Bernardino Avenue Traffic Signal, City of Rialto, CA – Mr. Schlaefli served as the Traffic Engineer TKE provided design services for a new traffic signal for Willow Avenue and San Bernardino Avenue. The project included the installation of a new traffic signal with interconnection to the existing signal located approximately 600 feet to the east at the Rialto Marketplace driveway entrance. There was an existing overhead power and data lines on the north side of San Bernardino Avenue which required review to determine mast arm and luminaire placement options. All utility coordination for removal of existing conflicting street lights and installation of SCE service pedestal was performed by TKE. Upon design completion TKE also prepared signal timing sheets for signal separation.

AGREEMENT NO. 24-84 Page 49 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 75 of 158 Page |23
Monte Vista Avenue Street Widening & Rehabilitation Project City of Montclair
APPENDIX 1 | RESUMES
RON MUSSER, P.L.S.

Director of Survey
TKE Engineering, Inc.

REGISTRATIONS
Professional Land Surveyor, LS 4230
(CA)

AFFILIATIONS
American Council of Engineering
Companies of California
Mr. Musser has nearly 53 years of experience in performing field and office surveying and plan checking services for public and private projects including roadway and highway projects. He has performed design topographic surveying and construction staking on all of TKE’s respective design and construction management projects and map checking over the past 10 years. In addition, he has prepared records of survey, parcel maps and tract maps in San Bernardino County, Riverside County, San Diego County, Orange County and Los Angeles County. He has performed boundary, topographic, ALTA, and precise level surveys as well as Global Positioning Surveys.

DETAILED PROJECT EXPERIENCE
• Summit Avenue and Cypress Avenue Traffic Signal, City of Fontana, CAMr. Musser served as the Director of Surveys. TKE provided design services for a new traffic signal on the intersections of Summit Avenue and Cypress Avenue. The project will construct a signalized “T” intersection using traffic signal poles and mast arms, while constructing minor improvements. The design incorporated pedestrian phasing and verification of and/or upgrading of the existing curb ramps to meet current ADA requirements and City standards. The project includes signal interconnection conduit design and SCE coordination for electrical services.
• Fitzgerald Avenue and Ayala Traffic Signal Project, City of Rialto, CA - Mr.

Musser served as the Director of Surveys. TKE designed the traffic signal and lighting improvements for Fitzgerald Avenue and Ayala Avenue. The project consisted of the design of a traffic signal and lighting improvements along with signing and striping plans for Ayala Drive and Fitzgerald Avenue and upgrading existing curb ramps to meet the ADA compliance requirements. All utility coordination for removal of existing conflicting street lights and installation of SCE service pedestal was performed by TKE.

Upon design completion TKE also prepared signal timing sheets for signal separation.
• Willow Avenue and San Bernardino Avenue Traffic Signal, City of Rialto, CA – Mr. Musser served as the Director of Surveys. TKE provided design services for a new traffic signal for Willow Avenue and San Bernardino Avenue. The project included the installation of a new traffic signal with interconnection to the existing signal located approximately 600 feet to the east at the Rialto Marketplace driveway entrance. There was an existing overhead power and data lines on the north side of San Bernardino Avenue which required review to determine mast arm and luminaire placement options. All utility coordination for removal of existing conflicting street lights and installation of SCE service pedestal was performed by TKE. Upon design completion TKE also prepared signal timing sheets for signal separation.
• Foothill Boulevard Median and Traffic Signal Improvements, City of Fontana, CA- Mr. Musser served as the Director of Surveys. The Foothill Boulevard Median and Traffic Signal Improvements Project is located in the City of Fontana north of Interstate 10 Freeway and South of the Interstate 210 Freeway between Sierra Avenue and Mango Avenue. The project included 1,900 linear feet of median, traffic signal modification, and street widening improvements. Project components included construction of ultimate street widening, median, curb and gutter, sidewalk, traffic signal AGREEMENT NO. 24-84 Page 50 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 76 of 158 Page |24
Monte Vista Avenue Street Widening & Rehabilitation Project City of Montclair
APPENDIX 1 | RESUMES
installation, street lighting, median landscaping and lighting, striping, and onsite private improvements. The project was a federally funded project (HSIP) which was administered through Caltrans Local Assistance.

AGREEMENT NO. 24-84 Page 51 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 77 of 158 Page |25
Monte Vista Avenue Street Widening & Rehabilitation Project City of Montclair
APPENDIX 1 | RESUMES

MONAE PUGH
Traffic Engineering Specialist
TKE Engineering, Inc.

AFFILIATIONS
Institute of Transportation Engineers
Ms. Pugh has over 35 years of Municipal and Public Agency engineering experience with a wide range of responsibilities and projects emphasizing the discipline of Transportation and Traffic Engineering. Her most recent experience includes management of both Land Development and Traffic Engineering Departments for the City of Fontana. Prior experience includes over 16 years in the County of Riverside Traffic Engineering Department. Ms. Pugh has actively pursued continuing education throughout her career through U.C. Berkley extension courses offered by the Institute of Transportation Studies and couples this with functional engineering experience. She is a Certified Grant Writer through Cal State San Bernardino Certification Program and has secured multiple Transportation grants for a wide variety of infrastructure projects.

DETAILED PROJECT EXPERIENCE
• Safe Route to Schools; City of Fontana, CA - Ms. Pugh successfully responded to traffic safety concerns at elementary schools with high pedestrian and vehicle volumes. Engineering & Traffic Study reports were performed to include support data for both Federal and State grant funding integral to mitigation, planning, and final design plans. • City of Hesperia Traffic Engineering - 2016 – Present – Ms. Pugh provides on-call traffic engineering services to the City. She is currently responsible for review of traffic control plans, land development review of site plans and access management, review and comment of traffic impact studies, traffic engineering project coordination with capital improvement projects, warrant analysis preparation, traffic count coordination, analysis of traffic counts and collision data, traffic control device recommendations, speed zone survey preparation and certifications, and school zone analysis. While providing these services to the City, Ms. Pugh has represented the City with other agencies, consultants and developers at numerous meeting, represented engineering with the City’s management personnel and other public meetings, managed engineering budgets and project schedules. • City of Corona Traffic Engineering Services-2015 – Present - Ms. Pugh provides on-call traffic engineering services to the City of Corona. She managed numerous in-house traffic signal designs, reviewed developer submitted traffic impact reports, provide plan checking on traffic control plans submitted for developer projects and capital improvement projects. While providing these services to the City, Ms.

Pugh has represented the City during meetings with City consultants and developers, managed engineering budgets and project schedules, and various related work.
• City of Calimesa Traffic Engineering - 2013 – Present – Ms. Pugh provide on-call traffic engineering services to the City. She is currently responsible for review of traffic control plans, land development review of site plans and access management, review and comment of traffic impact studies, traffic engineering project coordination with capital improvement projects, warrant analysis preparation, traffic count coordination, analysis of traffic counts and collision data, traffic control device recommendations, speed zone survey preparation and certifications, and school zone analysis.

AGREEMENT NO. 24-84 Page 52 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 78 of 158 Page |26
Monte Vista Avenue Street Widening & Rehabilitation Project City of Montclair
APPENDIX 1 | RESUMES

TRAVIS BRADSHAW
E.I.T.

Project Engineer
TKE Engineering, Inc.

EDUCATION
B.S., Civil Engineering, San Diego State
University

CERTIFICATIONS
E.I.T. License Number 178961 (CA)
As an Assistant Project Manager, Mr. Bradshaw has been responsible for assistance in construction management, utility coordination, review of construction submittals and request for information responses, progress payments, change orders review, preparation of construction cost estimate and project specifications.

Mr. Bradshaw experience includes coordination with Caltrans Local Assistance including processing approvals for preliminary engineering, right-of-way, utility relocation, and construction. He has been responsible preparing and submitting Award Packages and Final Reports of expenditures as well as processing invoices.

DETAILED PROJECT EXPERIENCE
• Sierra Avenue Widening Project, City of Fontana – Mr. Bradshaw is the Assistant Project Manager for the City of Fontana’s Sierra Avenue Street Widening project from Foothill Boulevard to Baseline Avenue. The Project consists of approximately 1 mile of street improvements including construction of concrete sidewalks, curbs and gutters, cross-gutters, ADA ramps, and driveway approaches; construction of catch basins and storm drains; undergrounding of overhead utilities; construction of sewer main and laterals; raising of various utility manholes/valves; traffic signal modifications; and installation of traffic signing and striping. Services include value engineering, utility company coordination, construction management, inspection, and coordination with property owners/residents. • I-10 Cherry Valley Interchange Improvement Management, City of Calimesa, CA - Mr. Bradshaw served as Assistant Project Manager. TKE provides project management services for the City for the Cherry Valley Interchange including review and oversight of the Project Study Report (PSR or Project Initiation Document – PID) prepared by the County of Riverside and the consulting engineering firm, coordination with all stake holders including adjacent private developments, preparation/review of cooperation and funding agreements between stake holders. The PSR provides new interchange alternatives and preliminary geometric layouts that includes the City’s preferred interchange alternative and other viable interchange alternatives along with initial traffic data, storm water data, and environmental data.

Construction of a new interchange is vital to the City to increase capacity and functionality for the Cherry Valley Boulevard on/off-ramps to support the current/future traffic demand. The project is moving into the Project Approval and Environmental Document phase and is expected to begin construction in 2022.
• On Call Engineering Services, City of Calimesa – Mr. Bradshaw serves as an Associate Engineer for the City of Calimesa Engineering Department, assisting the City Engineer with ongoing projects and weekly tasks. Mr. Bradshaw has assisted in preparing grant applications, performing entitlement reviews, preparing development project conditions of approval, determining project impacts, plan review for permit issue, coordination with Caltrans for interchange improvements and coordination with Developers for construction of City improvement projects.
• On Call Engineering Services, City of Hesperia – TKE provides on-call civil engineering services to the City, including City Engineer. TKE managed more than $20 million in public improvement projects. Mr. Bradshaw has helped to prepare material for grant applications, and preliminary cost estimates. He was also involved in the City Wastewater Treatment Plant and sewer/recycled water conveyance system Investigation.

AGREEMENT NO. 24-84 Page 53 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 79 of 158 Attachment # 1b
AGREEMENT NO. 24-84 Page 54 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 80 of 158 AGREEMENT NO. 24-84 Page 55 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 81 of 158 AGREEMENT NO. 24-84 Page 56 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 82 of 158 Attachment # 2
AGREEMENT NO. 24-84 Page 57 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 83 of 158

CITY OF MONTCLAIR

REQUEST FOR PROPOSALS FOR
Montclair Safe Routes to School
Implementation Project
(ATPL-5326(025), Cycle 6)
Proposal due date: September 30, 2024 at 10:00 a.m.

AGREEMENT NO. 24-84 Page 58 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 84 of 158

RFP – Montclair (SRTS) Implementation Project
ATPL-5326(025) (ATP Cycle 6)
August 26, 2024

INTRODUCTION
The City received a grant fund award for a Safe Routes to School Active Transportation Program (ATP) Grant for the implementation of roadway safety improvements near three local school sites. This ATP grant provides State funding with a local match to implement improvements to include, but is not limited, to new and enhanced sidewalks, bike lanes/routes, crosswalks, ADA curbs, signage, traffic control measures/signage, new Street (SCE LS-1) Lighting to improve pedestrian and vehicular safety around Montclair High, Monte Vista Elementary and Monterra Elementary schools.

Caltrans District 8 is overseeing the development and implementation of this ATP project.

The City has completed a CEQA Categorical Exemption for the environmental work for the project and recently received the California Transportation Commission (CTC) funding allocation to begin the preparation of Plans, Specifications, and Estimates (PS&E) phase of the work.

Appendix 1 contains the City’s ATP Application, excluding attachments. Appendix 2 provides three graphic schematics of the improvements, engineer’s estimate, noninfrastructure work program, and the recent ATP Progress Report for information. The consultant can find under the Active Transportation Plan Section of the City website the City’s Safe Routes to School (SRTS) plan which describes the improvements needed for each of the school sites www.cityofmontclair.org/current-projects-in-montclair/ as well as other relevant safety planning documents. The Consultant should review the information provided herein and the SRTS document, as well as the ATP Cycle 6 guidance documents, Local Assistance Procedures Manual (LAPM) and Local Assistance Program Guidelines (LAPG), to understand to the project scope and expectations. This project includes both infrastructure and non-infrastructure components. The Consultant will be responsible for the infrastructure elements. Additionally, the City requests the Consultants assistance with implementing the Non-Infrastructure component of this grant to include coordinating the delivery schedule in accordance with the ATP Cycle 6 guidance documents.

The City is seeking an engineering team with strong successful experience implementing Caltrans overseen ATP projects. The engineering consultant will be responsible for assisting the City with all form preparation and facilitating the project through the Caltrans Local Assistance (DLA) procedure process. The Consultant will be responsible for preparing full improvement plans to provide sufficient detail for the contractor to construct the desired improvements in accordance with the grant requirements. The consultant shall prepare technical specification and a bid item schedule itemizing the work under the contract. The Consultant shall prepare a preliminary and final engineers estimate of probable cost. The Consultant will also be task with obtaining pre and post AGREEMENT NO. 24-84 Page 59 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 85 of 158

RFP – Montclair (SRTS) Implementation Project
ATPL-5326(025) (ATP Cycle 6)
August 26, 2024
construction counts and project photos in accordance with the 2019 or latest count methodology and prepare an analysis report as required.

BACKGROUND
The City’s General Plan incorporates a transition from a traditional automobile prioritized transportation systems to the concept of Complete Streets where streets are designed and operated for safe access for all by creating a balance for all users of all age groups and all abilities, including pedestrians, bicyclists, motorist, and public transportation users.

The City completed the Montclair Safe Routes to School Plan to identify safety measures that would facilitate the safe movement of children and older adults through the community and to various school sites. Enhanced public safety and driver awareness is a priority for the City. The City has a goal of zero injuries. The City has prepared several studies to identify beneficial safety measures and guide the City with a plan to implement the safety measures. To be responsive to community safety concerns and given the time needed to processing the grant applications and select awardees, the City has likely implemented some improvements that are identified in the grant application. These improvements, for example, include some ADA ramps, retrofit of existing Stop signs to flashing Stop signs, flashing pedestrian beacon crosswalk at Monte Vista Avenue and Bandera Street, etc.

The goal of this project is to implement transportation safety measures and improvements in neighborhoods and around three of the City local public schools to improve awareness and safe walking, bicycling, or other forms of mobility and access.

The City has a number of capital projects under development that interface with these improvements and will need to be coordinated. Projects in progress include Monte Vista Avenue widening and Holt Boulevard Street rehabilitation projects. The successful consultant is expected to coordinate as necessary with these other public works.

SCOPE OF SERVICES
As previously mentioned, since some of the improvements were likely implemented after the submission of the grant application, the Consultant will need to inventory the improvement locations as part of the preliminary design review. Additionally, the consultant shall evaluate alternative design options and consider value engineering, as appropriate, to achieve the safety goals and still meet the grant requirements. The City’s objective is to fully utilize the grant funds to implement safety measures to improve and enhance walkability and bicycle travel for youth and older adults through the community and to various school sites. Thus, the Consultant shall include a task to add like or similar AGREEMENT NO. 24-84 Page 60 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 86 of 158

RFP – Montclair (SRTS) Implementation Project
ATPL-5326(025) (ATP Cycle 6)
August 26, 2024
improvements (alternate ADA locations, electronic speed warning signs, potential bulbouts in-lieu of costly utility relocations, etc.) to the project to offset the elimination of post application improvements. Additionally, the City used very little funding to complete the Project Approval and Environmental Document (PA&ED) phase of the project. The consultant shall prepare and assist the City with processing the Caltrans change of scope form and change of allocation forms for the project base on the proposed improvements.

The Consultant shall include a survey task that includes all field survey data collection (topography and elevation) effort, as necessary, to prepare the design, and inform the Contractor of the project responsibilities. The data collection shall include information needed to join and restore properties and to ensure there are no drainage issues created.

The engineering consultant shall prepare detailed design plans showing the project work items, provide an itemized bid summary sheet, technical specifications to meet the City and Caltrans requirements. The Caltrans reimbursement requests will require the engineering consultant to provide associated quantities for General Construction items as outlined in the Detailed Project Estimate contained in the application and any additional bid items as needed to encompass the project work items.

The Consultant shall be responsible for pre- & post- project photographs of the areas to be improved and pre- & post- project ATP User Counts and preparation of a technical memorandum report providing the methodology used for the count program and explanation concerning the changes in the user counts. This information consistent with the ATP program requirements and shall be tabulated in a manner that is easily entered in to the CalSmarts Reporting Platform. The Consultant shall prepare a work schedule, which indicates the tasks, long lead work items, and the milestones dates to ensure the project meets the implementation requirements.

The preparation of plans and specifications for bidding purposes also requires coordination with utilities, and conformance with all regulatory requirements.

The Consultant shall provide plan/specification review submittals to the City at 60%, 90%, and 100% complete. Consultant shall provide preliminary and final estimates of probable construction costs. The Consultant shall attend progress meetings and prepare meeting minutes. The consultant shall submit a written progress report with progress payment requests. The Consultant will be responsible for assisting the City in responding to Bid Inquiries, Request for Information, and construction project submittals.

All work shall be performed in accordance with ATP Cycle 6 guidance documents, Local Assistance Procedures Manual (LAPM), and Local Assistance Program Guidelines (LAPG) manuals.

The fee proposal shall include all typical project related and due diligence work to prepare accurate, thorough and complete construction documents.

AGREEMENT NO. 24-84 Page 61 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 87 of 158

RFP – Montclair (SRTS) Implementation Project
ATPL-5326(025) (ATP Cycle 6)
August 26, 2024
Final product deliverables, but are not limited to:
 Pre- & Post- Project Photos
 Field Review & Scope Adjustments
 Pre- & Post- Project ATP User Counts
o ATP User Count Methodology & Analysis Technical Memo
 Engineering Probable Cost Estimates
 Signed and stamped mylar plans, 24”X36”
 Signed and Stamped Specifications
 Plans & Specifications in .PDF, AutoCad, and Word formats  As-built mylars and a PDF as-built file
 All project related work products and/or documents as requested by the City  Preparation of Caltrans Forms
o Change of Scope
o Budget Adjustment
o Schedule Adjustment
o Progress Reporting
 Bid & Construction assistance, response to request for information/clarification from the Contractor, Contractor shop drawing review, Contractor submittal review, any additional survey and design needed to supplement the engineers design  Documentation needed for the compliance with Non-Infrastructure Component Requirements
The City has process a CEQA Categorical Exemption for this project.

PROPOSAL FORMAT AND CONTENT
Consultants shall limit their proposal to 20 pages, excluding cover and resumes. The proposal shall provide all the information requested in this RFP. The Consultant’s proposal shall contain the following information and shall be organized as follows:
a. Understanding of the Work to be done (25 Points)
Provide a fully developed proposal and task description of the work items planned by the consultant to complete the preparation of the improvement plans and specifications for this project.
b. Experience with similar kinds of work (20 Points)
For the project engineer/architect and project manager, include information for three (maximum) recent similar projects on his/her record of completion. Include reference contact person, address, and telephone number.

AGREEMENT NO. 24-84 Page 62 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 88 of 158

RFP – Montclair (SRTS) Implementation Project
ATPL-5326(025) (ATP Cycle 6)
August 26, 2024
c. Quality of staff for the work to be done (15 Points) An organizational chart indicating principals and key project team members with an indication of their involvement in the project. Also, provide resumes of the key personnel involved with this project including personnel from sub-Consultants. d. Capability of developing innovative or advanced techniques (10 Points) For similar projects, demonstrate alternative design techniques to achieving the objectives.
e. Familiarity with State procedures (10 Points)
Understanding of State procedures and requirements associated with State Funded Active Transportation Projects
f. Financial responsibility (10 Points)
Documentation demonstrating financial responsibility, project availability and work schedule, “Statement Certifying Insurance Coverage” as required, and a “Statement Certifying” acceptance of the Professional Services Agreement requirements Exhibit “A”. Any proposed edits shall be submitted with the proposal for staff’s review and consideration.
g. Demonstrated Technical Ability (10 Points)
Consultant shall provide a task/fee breakdown and company rate schedule in a separate sealed/closed envelope. This shall be delivered to the City prior to the proposal submission date and time of September 30, 2024 at 10:00 a.m.

SUBMITTAL OF PROPOSAL
Consultants interested in responding to this Request for Proposal shall submit a proposal by 10:00 a.m. on September 30, 2024. The proposal shall be organized as described in the “Proposal Format and Contents.” Any proposals received after 10:00 a.m. on September 30, 2024 will be returned unopened.

Proposals shall be submitted electronically through the Planet Bid platform, except the task/fee breakdown which shall be delivered to the City. Additionally, five (5) paper copies of the Proposal shall be transmitted to the City to the attention of:

Rosemary Hoerning, PE, PLS, MPA
City Engineering Consultant
AGREEMENT NO. 24-84 Page 63 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 89 of 158

RFP – Montclair (SRTS) Implementation Project
ATPL-5326(025) (ATP Cycle 6)
August 26, 2024
City of Montclair
5111 Benito Street
Montclair, CA 91763
Envelope for proposals shall be clearly marked with the notation: “DO NOT OPENPROPOSAL FOR MONTCLAIR SAFE ROUTES TO SCHOOL IMPLEMENTATION PROJECT (APT CYCLE 6)”

SELECTION PROCEDURES
The proposals received by the submission date will be evaluated on the basis of their responsiveness to this RFP. The City of Montclair reserves the right to establish, add, delete, or modify criteria by which the proposals will be evaluated and to weigh the criteria according to the City’s priorities.

Criteria for the evaluation of the proposals may include, but need not be limited to the following:
• Consultant has demonstrated understanding of the scope of work. • Experience with similar kinds of work.
• Quality of key project team members’ experiences and record in performing similar work.
• Capability of developing innovative or advanced techniques. • Familiarity with State procedures.
• Financial responsibility.
• Demonstrated technical ability.

Those consultants considered most responsive to this RFP may be requested to attend at least one interview with the City. The City may determine that a selection can be made without conducting interviews. The tentative time for the interview is the week of October 7, 2024, subject to scheduling.

Should the City elect to interview the most responsive consultants, the interview shall consider detail related to the following, weighted as shown:
• Consultant has demonstrated understanding of the scope of work. 25 • Experience with similar kinds of work. 20
• Quality of key project team members’ experiences and record 20 in performing similar work.
• Capability of developing innovative or advanced techniques. 10 • Familiarity with State procedures. 25
AGREEMENT NO. 24-84 Page 64 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 90 of 158

RFP – Montclair (SRTS) Implementation Project
ATPL-5326(025) (ATP Cycle 6)
August 26, 2024

RIGHT TO REJECT ALL PROPOSALS
The City reserves the right to reduce or revise elements of the scope of work prior to the award of any Contract. Furthermore, the City reserves the right to reject any or all proposals submitted and no representation is made hereby that any Contract will be awarded pursuant to this Request for Proposal, or otherwise. All costs incurred in the preparation of the proposal, in the submission of additional information and/or in any other aspect of a proposal prior to the award of a written contract will be borne by the proposer.

The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind which may be incurred by a proposer. All proposals submitted to the City in response to this Request for Proposal shall become the property of the City.

QUESTIONS
For any questions regarding this Request for Proposal, please utilize the planet bid platform.

All questions will be responded to. All questions and answers will be available to all invitees to this request for proposal for engineering services.

However, if there is an issue that requires direct contact, please contact Rosemary Hoerning, City Engineering Consultant at (909) 625-9446 or [email protected] APPENDIX 1 – City ATP Application excluding attachments APPENDIX 2 – Schematics, engineer’s estimate, Non-Infrastructure Work Program, and Summary Progress Report
Exhibit A – Professional Services Agreement
AGREEMENT NO. 24-84 Page 65 of 65 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 91 of 158

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 4, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: PDT725
DEPT.: POLICE
PREPARER: B. KUMANSKI
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–85 WITH CALIFORNIA HIGHWAY

PATROL FOR USE OF THE MONTCLAIR POLICE DEPARTMENT FIREARMS SHOOTING RANGE
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 24–85 with the California Highway Patrol for use of the Montclair Police Department firearms shooting range.

Proposed Agreement No. 24–85 has been reviewed and approved by the City Attorney and is attached for the City Council's review and consideration.

BACKGROUND: The indoor shooting range at Police headquarters is used at least two days each month for Montclair Police Department firearms training. When not in use by staff, the facility is rented to other law enforcement agencies to offset costs associated with maintenance.

The Department of California Highway Patrol, Rancho Cucamonga Area Office, has requested to renew its contract to rent the shooting range three days per month.

Currently, the indoor shooting range is a completely lead–free facility. In addition to potential health benefits, use of lead–free ammunition has resulted in lower range maintenance costs. Staff has determined that $300 per day is a fair and competitive rental amount for use of the shooting range.

Proposed Agreement No. 24–85 details the terms of use of the shooting range by the Department of California Highway Patrol, Rancho Cucamonga Area Office. The agency would be responsible for providing its own supplies, including lead–free ammunition, and equipment.

The term of proposed Agreement No. 24–85 is November 1, 2024, through October 31, 2027.

FISCAL IMPACT: Approval of proposed Agreement No. 24–85 would net approximately $40,500 in revenue for the City over the term of the agreement.

RECOMMENDATION: Staff recommends that the City Council approve Agreement No. 24–85 with California Highway Patrol for use of the Montclair Police Department firearms shooting range.

MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 92 of 158

2. The term of this Agreement is:

Agreement No. 24–85

Department of California Highway Patrol
and Montclair Police Department
Agreement #24C855002

EXHIBIT A
(Standard Agreement)

SCOPE OF WORK

1. Contractor agrees to provide to the Department of California Highway Patrol (CHP) Rancho Cucamonga Area office, the services described herein: Furnish use of Contractor’s weapons firing range facilities including restrooms if available; pay all taxes, insurance, bonds, license and permit fees, maintenance fees and all other direct and indirect costs in accordance with this Agreement.

2. The services shall be performed at:

Montclair Police Department
4870 Arrow Highway
Montclair, CA 91763

3. The services shall be provided during:

CHP use of weapons range shall be restricted to the hours of 3:00 p.m. through 9:00 p.m., Monday through Friday. Contractor and CHP agree the weapons firing range shall be open and usable by members of CHP during these times. Exclusive use or alternative days and/or times for use of the weapons firing range shall be coordinated and mutually agreed upon by both parties.

4. The project representatives during the term of this Agreement will be:

STATE AGENCY
Department of California Highway Patrol

CONTRACTOR
Montclair Police Department NAME
Salvador Suarez, Captain
NAME
Brandon Kumanski, Lieutenant

TELEPHONE NUMBER
(909) 980-3994
EMAIL
[email protected]

TELEPHONE NUMBER
(909) 448-3606

FAX NUMBER
(909) 626-4892
Direct all inquiries to:

TATE AGENCY
Department of California Highway Patrol

CONTRACTOR
Montclair Police Department

SECTION/UNIT
Business Services Section, Contract Services Unit

SECTION/UNIT

ATTENTION
Joshua Wickland, Contract Analyst

ATTENTION
Brandon Kumanski, Lieutenant ADDRESS
601 N. 7th Street, Sacramento, CA 95811

ADDRESS
4870 Arrow Highway, Montclair, CA 91763

TELEPHONE NUMBER
(916) 843-3612
EMAIL
[email protected]

TELEPHONE NUMBER
(909) 448-3606

FAX NUMBER
(909) 626-4892

Department of California Highway Patrol
and Montclair Police Department
Agreement #24C855002

EXHIBIT A
(Standard Agreement)

SCOPE OF WORK

5. Detailed description of work to be performed:

A. The use of said weapons range use shall be limited to CHP personnel assigned to the Rancho Cucamonga Area office.

B. CHP agrees that its members using the weapons firing range facilities under this Agreement shall be governed by the range safety rules established by Contractor.

C. Contractor agrees that CHP shall have the use of all on-site facilities located on the range for training programs without additional charge; however, CHP’s use of facilities shall be restricted to organized functions of CHP under direct supervision of certified CHP Range Instructor.

D. The weapons firing range must be able to accommodate the following:
1) .40 caliber pistol (loaded with Department-issued lead-free ammunition). a. Sixteen (16) shoots per year, one (1) each month or two (2) every other month. b. Two (2) qualification shoots which must be performed at the following distances:
two (2) yards, four (4) yards, seven (7) yards, ten (10) yards, fifteen (15) yards, and twenty-five (25) yards.
c. Ten (10) practice shoots, of which two (2) night shoots are recommended. d. Use for make-up shoots at times mutually agreeable to both parties. 2) 223 caliber Tactical rifle (loaded with Department-issued lead-free ammunition. a. Twelve (12) shoots per year (two (2) quarterly shoots). b. Two (2) night shoots required.
c. Distance fifty (50) yards maximum.
3) Shotgun (00 buckshot, lead-free).
a. Eight (8) shoots per year (two (2) quarterly).
b. Two (2) night shoots required.
c. Distance fifteen (15) yards maximum.

E. Inspection and test firing of weapons:
1) All weapons are to be test-fired after each required inspection by the CHP Area Weapons Range Officer.
2) Use of facility to test fire weapons will be coordinated between the CHP Area Weapons Range Officer and the Contractor.

F. CHP will supply targets, lead-free ammunition and other supplies deemed necessary for use of the weapons range.

G. Brass will be retained by Contractor, including all other recyclable metals collected within the ballistic rubber bullet trap. All proceeds from the recycling of the metals will be retained by the Contractor.

Department of California Highway Patrol
and Montclair Police Department
Agreement #24C855002

EXHIBIT B
(Standard Agreement)

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoicing and Payment
A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor in accordance with the rates specified herein.

B. Invoice shall include the Agreement Number and shall be submitted in duplicate onemonth in arrears to:

Name: Ryan Robbe Sergeant
Office: Rancho Cucamonga Area office
Address: 9830 Pittsburgh Avenue
Rancho Cocamonga, CA 91730

2. Budget Contingency Clause
A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

4. Rate Schedule
A. CHP agrees to pay Contractor monthly in arrears at the rate listed below for the use of the weapon firing range by the uniformed personnel assigned to the CHP Rancho Cucamonga Area Office.

Daily Rental Rate $300.00

5. If applicable, recycling amount collected shall be deducted from the invoice and, any and all manifests received from recycler shall accompany the related invoice(s).

Department of California Highway Patrol
and Montclair Police Department
Agreement #24C855002

EXHIBIT C

GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated.

Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. See Exhibit D, Special Terms and Conditions, Item

10. 6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

Department of California Highway Patrol
and Montclair Police Department
Agreement #24C855002

EXHIBIT C

GENERAL TERMS AND CONDITIONS

8. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

9. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’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 discriminate unlawfully 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. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

10. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

11. TIMELINESS: Time is of the essence in this Agreement.

12. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

13. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

Department of California Highway Patrol
and Montclair Police Department
Agreement #24C855002

EXHIBIT C

GENERAL TERMS AND CONDITIONS

14. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

A. The Government Code Chapter on Antitrust claims contains the following definitions:

"Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.

B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.

C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

15. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and

Department of California Highway Patrol
and Montclair Police Department
Agreement #24C855002

EXHIBIT C

GENERAL TERMS AND CONDITIONS
B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19.SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:

A. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)

Department of California Highway
and Montclair Police Department
Agreement #24C855002

EXHIBIT D
(Standard Agreement)

SPECIAL TERMS AND CONDITIONS

1. Both the Contractor and CHP reserve the right to cancel this Agreement with thirty (30) days advance written notice to the other.

2. In the event of an unforeseen emergency, CHP or Contractor may cancel this Agreement without prior notice and without compensation to the Contractor.

3. Agreement may be amended by mutual written consent of the parties hereto.

4. Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy and records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated.

Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et CCR Title 2, Section 1896).

5. Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed within a reasonable period of time ten (10) days by the parties normally responsible for the administration of this contract shall be brought to the attention of the Administrative Services Officer (or designated representative) of each organization for joint resolution.

6. Contractor agrees to provide CHP with a resolution, motion, order or ordinance of the governing body, which authorizes execution of this Agreement, and indicates the individual who is authorized to sign the Agreement on behalf of Contractor.

7. The Montclair Police Department weapons firing range is a completely lead-free firing range.

The use of leaded ammunition is strictly prohibited. CHP shall supply and ensure all ammunition discharged is completely lead-free. Any changes or modifications to the type of ammunition to be utilized must be reviewed and approved by the Montclair Police Department prior to use.

8. CHP shall pay for any damage or necessary repairs to the Montclair Police Department weapons firing range resulting from any negligent actions of CHP personnel during usage.

This includes cleanup and lead mitigation costs associated with any discharge of leaded ammunition within the weapons firing range.

9. CHP personnel shall not share the use of the weapons firing range with personnel from any other public agency. Violations of range safety rules, set forth in Attachment 1, attached hereto, may result in immediate termination of CHP’s weapons firing range privileges.

Department of California Highway
and Montclair Police Department
Agreement #24C855002

EXHIBIT D
(Standard Agreement)

10. CHP shall defend, indemnify and hold the Contractor, its officials, officers, employees, volunteers, and agents (“Contractor Parties”) free and harmless from any and all claims, demands, causes of action, suits, costs, expenses, attorney fees, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any actual or alleged acts, omissions or willful misconduct of CHP, its officials, officers, employees, agents, contractors and subcontractors arising out of or in connection with the performance of this Agreement. The CHP’s obligation to defend the Contractor Parties is not contingent upon there being an acknowledgement or determination of the merit of any claims, demands, actions, causes of action, suits, losses, liability, expenses, errors, omissions and/or costs.

11. Contractor shall defend, indemnify and hold CHP, its officials, officers, employees, volunteers and agents (“CHP Parties”) from and harmless from any and all claims, demands, causes of action, suits, costs, expenses, attorney fees, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incidents to any actual or alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, contractors and subcontractors arising out of or in connection with the performance of this Agreement. The Contractor’s obligation to defend the CHP Parties is not contingent upon there being an acknowledgement or determination of the merit of any claims, demands, actions, causes of action, suits, losses, liability, expenses, errors, omissions and/or costs.

12. Neither termination of this Agreement nor completion of the acts to be performed under this Agreement shall release any party from its obligation to indemnify as to any claims or cause of action asserted so long as the event(s) upon which such claim or cause of action is predicated shall have occurred subsequent to the effective date of this Agreement and prior to the effective date of termination or completion.

13. The parties acknowledge that CHP is self-insured.

14. The laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the superior of federal district court with jurisdiction over the City of Montclair.

Department of California Highway Patrol
and Montclair Police Department
Agreement #24C855002

ATTACHMENT 1
Montclair Police Department Range Safety Rules

1. Federal, state, and local firearm laws must be obeyed. Violation of any Range Safety Rule may result in the removal of the violator from the facility.

2. All rules posted within the facility shall be obeyed. Read and understand all rules prior to utilizing the facility.

3. The Montclair Police Department Range Facility consists of several separate areas. All areas are distinctively marked:

Range Foyer: This is the reception area for the range. Only authorized personnel may use the north entry door. All other persons shall utilize the south (public parking lot) entry door. This area is not to be used for the preparation, cleaning, loading, or servicing of firearms.

Range Ready Room: This area is to be utilized for range preparation. Any loaded weapons brought into the range facility are to be unloaded using the projectile containment system mounted on the wall. This area may be used for preparing equipment, loading magazines, or dressing in range safety equipment, ballistic vests, duty-belts, and/or holsters. Due to limited space, a maximum of five persons may prepare to shoot at any given time.

Shooting Range Room: This area includes the firing line. It may only be accessed via the Range Ready Room. Shooters shall not enter or leave the Shooting Range Room with loaded firearms. Range staff members are exempt from this restriction.

Range Control Room: This room is to be used by range staff only and shall not be entered without the authorization of a range staff member.

Weapon Cleaning Room: This area is to be used for the cleaning and servicing of firearms and equipment. A range storage room can be accessed from this room. Peace officers, or those authorized to carry loaded firearms, may reload firearms in the Weapon Cleaning Room prior to departure. The projectile containment system mounted on the wall shall be utilized when loading weapons. Due to limited space, a maximum of five participants may utilize this room at any given time.

Range Office: This area is to be used by range staff only and shall not be entered without authorization from a range staff member. A range storage room can be accessed from this office.

Range Restroom: May be used by those utilizing the range facility.

4. Persons lawfully possessing loaded firearms may enter the range facility with loaded firearms.

Except on the firing line at the direction of a range master, firearms shall be loaded and unloaded utilizing the projectile containment systems located in the Range Ready Room and the Weapon Cleaning Room.

5. When entering and the leaving the Shooting Range Room (firing line room), handguns must be unloaded, with actions open, magazines removed and holstered (or unloaded and encased).

Department of California Highway Patrol
and Montclair Police Department
Agreement #24C855002

Rifles must be unloaded with actions open and magazines removed (or unloaded and encased).

Rifles will be carried safely with the muzzle pointed upward. Persons utilizing the range shall not enter or leave the “Shooting Range” with a loaded firearm.

6. Shooters shall not enter the Shooting Range Room until directed to do so by a member of the range staff. The Shooting Range Room doors shall remain closed during an active course of fire.

7. While in the Shooting Range Room (firing line), firearms will only be loaded and unloaded at the direction of a range master with the muzzle pointed down-range, unless otherwise directed.

8. In order to prevent damage to the range equipment, cross-firing at targets is not allowed unless authorized by a range master.

9. Eye and ear protection shall be utilized in the Shooting Range Room. Ear protection shall be utilized in the Range Ready Room. This includes observers.

10.Food, beverages, and use of tobacco products are prohibited within the range facility.

11. Commands issued by range masters and range personnel must be obeyed immediately.

12. The Montclair Police Department weapons firing range is a completely lead-free range. To prevent lead contamination in the shooting range, personnel shall only use ammunition with “lead-free primers, lead-free powder, and lead-free projectiles.” Only approved lead-free ammunition may be fired within the range. Range masters shall be responsible for ensuring only lead-free ammunition is brought into the shooting range room and shall verify any ammunition being brought into the shooting range room is of the approved type.

13.Taser, Beanbag, Pepperball, and other similar less lethal primer fired projectile systems are prohibited within the range.

14.Personnel may not shoot rifle ammunition over .223/5.56 caliber.

15.Personnel using shotguns at the range shall not use the target carrier to hold the target. When firing shotguns, the target carriers shall remain at the “ home” position.

16.Personnel shall clean the range facility at the end of the shooting period, including the removal of all expended casings, and debris. Instructions on proper cleaning techniques will be provided to range staff.

17.Steel targets shall not be used in the range facility.

18. No vehicles shall be allowed inside the range facility without the advanced approval of the Montclair Police Department Support Services Lieutenant.

19.Personnel shall report all injuries or property damage to the Montclair Police Department Watch Commander, who will forward the information to Montclair Police Department Support Services Lieutenant.

Department of California Highway Patrol
and Montclair Police Department
Agreement #24C855002

ATTACHMENT 1
Montclair Police Department Range Safety Rules

20.All shooters must utilize proper personal safety equipment as required by their agency’s policy and/or range staff.

21. Unsafe conditions, defective equipment, and facility repair requests should be reported immediately to a range staff member. Conditions requiring repair or alteration shall be reported to the Montclair Police Department Support Services Lieutenant.

22.ALWAYS practice basic firearms safety:

A. ALWAYS point the muzzle in a safe direction
B. Keep your finger off the trigger until the command to fire has been given.

C. ALWAYS be sure of the target and what is beyond
D. ALWAYS treat the firearm as if it were loaded
E. Shoot only at authorized targets
F. When making a firearm “ safe,” visually and physically inspect the firearm G. OBEY all commands given by range staff

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 4, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 4
FILE I.D.: PDT362
DEPT.: POLICE
PREPARER: M. BUTLER
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–86 WITH SAN BERNARDINO COUNTY OFFICE OF EMERGENCY SERVICES AUTHORIZING THE RECEIPT OF $15,148 FROM THE FISCAL YEAR 2023 HOMELAND SECURITY GRANT PROGRAM
CONSIDER AUTHORIZING CITY MANAGER EDWARD C. STARR TO SIGN SAID

AGREEMENT
CONSIDER AUTHORIZING A $15,148 APPROPRIATION FROM THE PUBLIC SAFETY

GRANT FUND TO PURCHASE MOBILE DATA COMPUTERS FOR THE POLICE

DEPARTMENT
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 24–86 with the San Bernardino County Office of Emergency Services (County OES) authorizing the receipt of $15,148 from the Fiscal Year (FY) 2023 Homeland Security Grant Program (HSGP), and authorize City Manager Starr to sign said Agreement.

The City Council is also requested to consider authorizing a $15,148 appropriation from the Public Safety Grant Fund to purchase mobile data computers (MDCs) for the Police Department. The Public Safety Grant Fund would be fully reimbursed by the FY 2023 HSGP.

BACKGROUND: The State HSGP is designed to assist organizations, government agencies, and communities in implementing programs and measures to prevent, prepare for, protect against, mitigate against, respond to, and recover from all terror–related hazards and acts of terrorism. It is administered and funded by the California Governor’s Office of Emergency Services (Cal OES). County OES is a subgrantee of the HSGP and oversees the administration of grant funds for the San Bernardino County Operational Area. In its capacity as subgrantee, County OES is tasked with applying for HSGP funds on behalf of regional jurisdictions. Through this process, on September 23, 2024, the Montclair Police Department was approved to receive $15,148 in FY 2023 HSGP funds.

After procurement of equipment is completed, a request for reimbursement would be submitted to County OES.

The Police Department has received approval to use FY 2023 HSGP funds to purchase MDCs to enhance information collection, analysis, and sharing in support of public safety operations. MDCs serve a variety of purposes and are an invaluable law enforcement tool that enhance officer efficiency and productivity by providing immediate access to essential investigative records and databases. This project would support the U.S.

Department of Homeland Security’s goal of building a national culture of preparedness and protecting against terrorism and other emerging threats by strengthening information sharing and cooperation.

MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 107 of 158 MDCs are used daily and play a critical function in the operations of the Police Department, providing officers the ability to respond to all calls for service. MDCs are linked to the Department’s existing computer–aided dispatch (CAD) system to further communications for the transmission of coordinating responses and receiving emergency 9–1–1 calls, which provides the dispatch center the ability to direct, track, and manage public safety incidents and resources. MDCs are connected via cellular service providing officers with immediate access to several criminal history databases; the ability to communicate with dispatch and other officers within the jurisdiction, as well as outlying agencies; the ability to interact with the California Department of Motor Vehicles; and the ability to access vital confidential records. In addition, MDCs offer police personnel the ease and flexibility of completing report narratives while remaining in the field. MDCs can be placed in docking stations in the patrol cars, but they are removable, making them versatile for use by all safety personnel.

Grant funds would be used to purchase new and improved, ruggedized Getac laptops that feature up–to–date specifications with a 13–inch display. Staff has selected Code– 3 Technology for the purchase of these Getac laptops. The primary justification for this sole–source selection is based on Getac’s business model, which restricts its distribution through a limited number of authorized resellers. Code–3 Technology is the only authorized reseller in our region permitted to engage with and provide proposals to the City of Montclair. Getac does not allow competitive quotes from other vendors, thus eliminating the possibility of acquiring multiple bids for this purchase.

The Getac ruggedized laptops provided by Code–3 Technology are specifically designed to meet the demanding needs of law enforcement. These laptops are built to withstand extreme conditions, including drops, shocks, vibrations, rain, and extreme temperatures, which makes them an ideal choice for emergency response situations.

Their reliability under stress is paramount for first responders who depend on real–time data in critical moments.

These Getac laptops offer advanced security features, such as biometric access and encrypted storage, ensuring sensitive information is protected. With long battery life, customizable configurations, and superior connectivity options, the Getac laptops enable officers to maintain uninterrupted communication and access to vital data in the field, enhancing operational efficiency and response times.

In addition, Code–3 Technology has a proven track record of successful collaboration with the City, specifically in supporting the Montclair Police Department. Over the years, Code–3 Technology has demonstrated reliability, responsiveness, and consistent technical support, making this vendor an invaluable partner in maintaining the Police Department's operational capabilities. For these reasons, staff recommends Code–3 Technology be approved as the sole–source vendor for the purchase of the Getac ruggedized laptops.

Staff must submit a request to Cal OES for a noncompetitive procurement to purchase the MDCs from Code–3 Technology. Once this request is approved and the City Council has approved Code–3 Technology as a sole–source vendor, staff can move forward with this project.

FISCAL IMPACT: If approved by the City Council, the purchase of MDCs would result in an appropriation from the Public Safety Grant Fund (1163) in the amount of $15,148.

Code–3 Technology’s quote for three Getac laptops is $16,740.66. The City would receive reimbursement from the FY 2023 HSGP in the amount of $15,148, and Information Technology Services Capital Outlay Account No. 1001–4203–62010–400– 00000 would cover the difference of $1,592.66.

MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 108 of 158 RECOMMENDATION: Staff recommends the City Council take the following actions:

1. Approve Agreement No. 24–86 with San Bernardino County Office of Emergency Services authorizing the receipt of $15,148 from the FY 2023 Homeland Security Grant Program;

2. Authorize City Manager Edward C. Starr to sign said Agreement; and

3. Authorize a $15,148 appropriation from the Public Safety Grant Fund to purchase mobile data computers for the Police Department.

MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 109 of 158 County of San Bernardino
FY2023 Homeland Security Grant Program
CFDA 97.067
Subrecipient Assurances
Grant No. 2023-0042
Name of Applicant: Montclair Police Department
Address: 4870 Arrow Highway
(hereafter "Applicant" or "Subrecipient")
City: Montclair state: CA Zip Code: _91_7__6_3 ____ _
Telephone Number: _(9'-- _0_9)'--4_48__-_36_0_0 ________ Fax Number: (909) 626-4892 E-Mail Address: [email protected]
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management and completion of the project described in this application, within prescribed timelines.

The requirements outlined in these assurances apply to Applicant and any of its subrecipients.

Applicant further acknowledges that Applicant is responsible for reviewing and adhering to all requirements within the:
a) Applicable Federal Regulations (see below);
b) Federal Program Notice of Funding Opportunity (NOFO); c) Federal Preparedness Grants Manual;
d) California Supplement to the NOFO;
e) Federal and State Grant Program Guidelines; and
f) Subrecipient Application Workbook.

Federal Regulations
Government cost principles, uniform administrative requirements and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (0MB) and can be found at http://www.whitehouse.gov/omb/.

In the event San Bernardino County determines that changes are necessary to the subaward after a subaward has been made, including changes to period of performance or terms and conditions, Applicants will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Applicant acceptance of the changes to the subaward.

State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
a) To provide all matching funds required (if applicable) for the grant project and that any cash match will be appropriated as required;
b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;

In�
Agreement 24–86
MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 110 of 158 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 111 of 158 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 112 of 158 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 113 of 158 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 114 of 158 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 115 of 158 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 116 of 158 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 117 of 158 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 118 of 158 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 119 of 158

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 4, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 5
FILE I.D.: FLC600
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–87, A COMMON INTERST, JOINT

DEFENSE, AND CONFIDENTIALITY AGREEMENT WITH SAN BERNARDNIO COUNTY, THE SAN BERNARDINO VALLEY FLOOD CONTROL DISTRICT, AND CO–PERMITTEE

CITIES IN THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM REASON FOR CONSIDERATION: The City Council is requested to consider the approval of Agreement No. 24–87 with the County of San Bernardino (County), the San Bernardino County Flood Control District (District), and each co–permittee city in the National Pollutant Discharge Elimination System (NPDES) Program. Agreement No. 24–87 is attached for the City Council's review and consideration.

BACKGROUND: The County, District, and cities own and/or operate stormwater and urban runoff conveyance systems, including flood control facilities, commonly known as municipal separate storm sewer systems or storm drains. These systems discharge stormwater and urban runoff into waters of the United States.

The District, as Permittee, and the cities of Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa (“Cities”), as Co–Permittees (jointly, “Permittees”), are subject to NPDES Permit No. CAS618036 (“Permit”) and Waste Discharge Requirements, Order No. R8–2010–0036. The Santa Ana Regional Water Quality Control Board (“Regional Board”) issues the NPDES Permit. As the “Principal Permittee,” the District administers and coordinates many of the Permit requirements on behalf of all the Permittees.

The Permit is required for compliance with Federal Environmental Protection Agency regulations as mandated by the Federal Clean Water Act. It aims to implement programs to reduce pollution in United States receiving waters. In 2011, the co–permittees entered into an Implementation Agreement with the District to share the costs of implementing NPDES requirements. The City's share is approximately 2.45 percent of the $3,164,093 Permit budget. The program pays for monitoring and surveillance, administration, a drainage area management plan, and a geographical information management system.

The Implementation Agreement established an integrated stormwater management program (“Program”) that developed a Management Committee to coordinate compliance, including establishing budgets, setting forth duties, providing reimbursement to the District for administrative responsibilities, and sharing costs to implement the Program.

The term of the Implementation Agreement coincides with the term of the Permit and expires six months after the Final Permit.

The common interest, joint defense, and confidentiality agreement allows the City to be represented during permit negotiations and strengthens its position with the Regional Board. Each of the Parties has a shared common interest in proceedings related to the Draft Permit, including negotiating the terms of the Draft Permit with the Regional Board, MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 120 of 158 participating in the administrative hearing to adopt the Draft Permit as the final permit ("Final Permit"), seeking administrative or judicial review of any terms in the Final Permit that warrant reconsideration, defending any adverse future claims or actions related to the Final Permit, and addressing any types of legal challenges to the Draft or Final Permit (jointly "Permit Proceedings"). Each city intends to appear in administrative hearings and any potential future actions related to the Draft or Final Permit to represent the cities' common and separate interests, some of which may be unique.

On September 13, 2024, City staff participated in the Regional Water Board Workshop to discuss Tentative Order R8–2024–001 (Tentative Order). The Tentative Order is the first region–wide NPDES Permit for the Santa Ana Region, which affects three counties, up to 60 individual Permittees, covering a diverse coastal and inland region and a broad range of economic conditions. The new Permit will be a multi–regional permit, and the counties of San Bernardino, Riverside, and Orange will be required to adopt and enforce the same permit policies. This new Permit will bring about significant changes for the Inland Empire agencies, particularly in adapting to the coastal cities' historically more stringent stormwater requirements.

The District and many representatives from various agencies, including Tri–County representatives, discussed issues with the Tentative Order and desire to adopt a new Permit that is effective, workable, equitable, and sustainable, as discussed in detail by the Tri–County group representatives at the workshop. After hearing the financial impacts and other issues with the Tentative Order, the Regional Board extended the new Permit implementation date by six months.

FISCAL IMPACT: All costs associated with the Permit are covered under the Implementation Agreement. The current cost share for the City is $77,468 for Fiscal Year 2024–25. The cost for the services related to the Common Interest, Joint Defense, and Confidentiality Agreement is covered under the Implementation Agreement.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 24–87, a common interest, joint defense, and confidentiality agreement with San Bernardino County, the San Bernardino County Flood Control District, and co–permittee cities in the NPDES Program.

MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 121 of 158 1 COMMON INTEREST, JOINT DEFENSE, AND

CONFIDENTIALITY AGREEMENT AMONG PERMITTEES
This Common Interest, Joint Defense, and Confidentiality Agreement (“Agreement”) effective on January 1, 2022 is entered into by and among San Bernardino County (“County”), the San Bernardino County Flood Control District (“District”), and the cities of Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa (“Cities”) (collectively the “Parties” or individually a “Party”).

RECITALS
A. The County, District, and Cities own and/or operate storm water and urban runoff conveyance systems, including flood control facilities, commonly referred to as municipal separate storm sewer systems or storm drains, through which storm water and urban runoff are discharged into waters of the United States that are located within the Santa Ana Region.

B. The District, as Permittee, and the Cities, as Co-Permittees (jointly “Permittees”), are subject to a National Pollutant Discharge Elimination System (“NPDES”) Permit and Waste Discharge Requirements, Order No. R8-2010-0036, NPDES No. CAS618036 (“Permit”).

C. The Santa Ana Regional Water Quality Control Board (“Regional Board”) issued the Permit on January 29, 2010 for a five-year term. The Permit designates the District as “Principal Permittee” under the Permit, and the District administers and coordinates many of the permit requirements on behalf of all the Permittees.

D. On June 28, 2011, the Parties entered into an Implementation Agreement to establish an integrated storm water management program (“Program”) that included development of a Management Committee to coordinate compliance, including establishing budgets, to set forth the duties of the Parties, to provide reimbursement to the District for administrative responsibilities, and to share costs to implement the Program. The Implementation Agreement, attached hereto as Exhibit A, sets forth the percentage of costs that each Party agreed to contribute to implement the Program. The term of the Implementation Agreement coincides with the term of the Permit and expires six months after the Final Permit, as defined below, is approved.

E. To renew the Permit, the Permittees submitted a Report of Waste Discharge for renewal on August 1, 2014.

F. Though the Regional Board has not yet issued a renewal of the Permit, the Permittees continue to implement and comply with the Permit.

G. The Parties believe that the Regional Board may be circulating a draft version of the new permit (“Draft Permit”) in approximately January 2022.

H. Each of the Parties has a shared common interest in proceedings related to the Draft Permit, including negotiating the terms of the Draft Permit with the Regional Board, participating in the administrative hearing to adopt the Draft Permit as the final permit (“Final Permit”), seeking administrative or judicial review of any terms in the Final Permit that warrant reconsideration, defending any adverse future claims or actions related to the Final Permit, and addressing any and all types of legal challenges to the Draft or Final Permit (jointly “Permit Proceedings”). Each of the Agreement 24-87
MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 122 of 158 2 Parties intends to appear in administrative hearings as well as any potential future actions related to the Draft or Final Permit to represent the common interests of the Parties as well as each Party’s own separate interests, some of which may be unique. Such representation of separate or unique interests is not inconsistent with the common interests of the Parties.

I. Nothing in this Agreement is meant or should be construed to affect a Party’s legal obligation to exercise its independent judgment as required by law concerning the Permit Proceedings.

J. Without admitting any individual or shared liability, and expressly denying same, the Parties here assert that it will best serve their common interests to coordinate their efforts and share certain privileged and confidential information, in order to respond effectively to and negotiate with the Regional Board as well as to address and/or defend claims during the Permit Proceedings by the Regional Board or any parties that become adverse parties. Such coordination of effort and sharing of information is not intended to waive and shall not waive any privilege or protection otherwise applicable.

K. By this Agreement, the Parties seek to establish a common interest group with respect to the Permit Proceedings, preserving to the fullest extent possible all applicable legal and evidentiary privileges, including the protections of the attorney-client privilege, the work product doctrine, the joint defense/common interest privilege, and the deliberative process and official information privileges.

L. The Parties and their respective legal counsel are referred to herein as “the Common Interest Group.”
M. The Parties intend for this Agreement to allow for the inclusion of additional members of the Common Interest Group with the consent of all Parties.

N. The Parties intend for the scope of this Agreement to include any later-filed related actions that raise or implicate similar interests of the Parties without the necessity of amending this Agreement.

TERMS AND CONDITIONS
Therefore, in consideration of the mutual promises contained and incorporated in the above Recitals in this Agreement, the Parties agree as follows:

1. Purpose. It is the purpose of this Agreement to memorialize the Parties’ intentions concerning the exchange of information during the Permit Proceedings, and to support a joint defense and/or common interest based upon the assertion by the Parties, or any Party, of the attorney-client privilege, work product doctrine, deliberative process and official information privileges, and any other privileges and protections that may apply to any Joint Defense Communications (as defined in Paragraph 3 below) that may be shared among members of the Common Interest Group. This Agreement addresses the flow, handling, security, and disclosure of documents, data, and oral and written information that are not produced pursuant to formal or informal discovery requests, and that may be exchanged by members of the Common Interest Group. It is the intention of the Parties that the exchange of Joint Defense Communications among the members of the Common Interest Group will not constitute a waiver of any privilege or protection, including without limitation the attorney-client privilege, the attorney work product MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 123 of 158 3 doctrine, and the deliberative process and official information privileges. The Parties agree that any consultation between the Parties or among their counsel, and any exchange of work product or other Joint Defense Communications are in reliance on the Parties’ common interests, as described herein, and their intent to share information and cooperate in joint defense efforts without waiving any privilege or protection. In this regard, the Parties have agreed to provide reasonable cooperation in the execution of their respective duties under this Agreement. However, no obligation to share any documents, data or information is created by this Agreement.

2. Lawsuits. To the extent related to the Permit Proceedings, the Parties expressly state their intention to include in this Agreement any lawsuits related to adverse claims (other than a lawsuit by one Party or Parties against another Party or Parties), that have been or may be filed by or against any Party at any time during the pendency of this Agreement without the necessity of amending this Agreement.

3. Joint Defense Communications.
a. “Joint Defense Communication” means any documents, data, or information (including correspondence, reports, studies, memoranda of law and/or fact, factual material and summaries, mental impressions, transcripts, digests, and any other written material or oral information of any kind whatsoever) that relate to matters addressed by this Agreement that any Party receives from any other Party or its officers, partners, employees, agents, consultants, attorneys, representatives, or experts that would otherwise be protected from disclosure to third parties pursuant to applicable legal and evidentiary privileges, including the attorney-client privilege, work product doctrine, and/or the deliberative process and official information privileges. The Parties intend that all Joint Defense Communications shall remain privileged or protected when communicated to any other Party or its elected officials, officers, partners, employees, agents, consultants, attorneys, representatives, or experts in accordance with the common purpose concepts in California Evidence Code § 912(d) and articulated in California Oak Foundation v. County of Tehama (2009) 174 Cal.App.4th 1217, Raytheon Co. v. Superior Court (1989) 208 Cal.App.3d 683, and Continental Oil Co. v. United States (9th Cir. 1964) 330 F.2d 347, and their progeny. Each of the Parties and counsel agree that all Joint Defense Communications they receive from any Party or its representative shall be treated and maintained by the receiving Party as privileged and confidential, and not disclosed to third parties, except as provided in this Agreement. b. Joint Defense Communications may be disclosed or transferred between any or all of the Parties orally or in writing and by any other appropriate means of communication. The Parties agree that all Joint Defense Communications shared pursuant to this Agreement shall be held in strict confidence by the Parties and by all persons to whom the Joint Defense Communications are disclosed and shall not be disseminated outside the Common Interest Group. All Joint Defense Communications received from Parties pursuant to this Agreement are subject to the joint defense and common interest privileges or protections and must be held in strict confidence by the receiving party and its counsel. The receiving party may disclose Joint Defense Communications only to its counsel, authorized representatives, and those of its board members, councilmembers, supervisors, directors, officers, employees, agents, independent contractors, consultants and retained experts who have a need to know. Each Party agrees that its independent contractors will agree to keep all Joint Defense Communications confidential in accordance with the terms of this Agreement before any Joint Defense Communications is provided to them. If a Party intends to disclose a Joint Defense MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 124 of 158 4 Communication only to certain members of the Common Interest Group, the disclosing Party shall specify the members who are entitled to review or receive that information or document. All Parties agree that they will not share or disclose such Joint Defense Communications to any Party or person who is not designated by the disclosing Party.
c. A Joint Defense Communication that is exchanged in written or document form and that is intended to be confidential shall be marked “Confidential: Privileged Communication” or with a similar heading indicating confidentiality. To the extent possible, the header or footer should further list all other privileges and protections that may be applicable to the particular Joint Defense Communication, including the attorney-client privilege, work product doctrine, and/or the deliberative process and official information privileges. However, failure to mark or identify a Joint Defense Communication as “Confidential: Privileged Communication” or a similar heading shall not constitute a waiver of any applicable legal or evidentiary privilege or protection that may apply.
d. Waiver of the joint defense and common interest privileges or protections are effective only when all Parties unanimously agree to the waiver. Any Party (the “Disclosing Party”) may, without permission from the other Parties, use, for the Disclosing Party’s own purposes, any information that the Disclosing Party disclosed to and shared pursuant to this Agreement. e. Any Party who receives Joint Defense Communications shall not disclose such Joint Defense Communications or the information imparted thereby to any other third party without the express prior written consent of the other Parties. Any unauthorized disclosure of any Joint Defense Communication to any third party shall not constitute a waiver of any applicable privilege or protection. However, no provision in this Agreement shall be construed to limit the right of any Party to disclose any documents or information that such Party obtained through means other than a Joint Defense Communication.
f. Although documents and information that are not otherwise privileged will not gain the protection of any privilege by virtue of being a part of a Joint Defense Communication, each Party shall treat the information as privileged and confidential and shall not disclose to third parties the fact that any particular document or information was shared through a Joint Defense Communication.

4. Permitted Use of Joint Defense Communications. All of the Parties acknowledge and agree that cooperation in the shared purposes and objectives necessarily involves the communication and sharing of confidential information and further agree that their interests are not currently adverse with regard to the subject of this Agreement. They further agree that all Joint Defense Communications received from any other Party shall be used exclusively in connection with the Permit Proceedings. Joint Defense Communications shall not be used or be admissible in any phase of any pre-litigation or litigation involving cross-claims or claims for contribution or indemnity between or among any of the Parties if such claims arise from or relate to adverse claims.

5. Permitted Disclosures. In the event that any Party receives a third-party request or demand for Joint Defense Communications received pursuant to this Agreement, by California Public Records Act (“CPRA”) request, subpoena, request for production or otherwise, the Party receiving such request or demand shall, prior to making such disclosure: (a) notify the Parties MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 125 of 158 5 pursuant to the notice provision herein; and (b) assert and exercise diligence in supporting the joint defense and/or common interest doctrines and preserve any and all potentially applicable privileges or other protections from disclosure of the Joint Defense Communications, unless such privileges and protections have been knowingly waived by the Parties or Party who provided the Joint Defense Communications. Each Party shall take reasonable steps necessary to permit the assertion of all applicable rights and privileges with respect to any Joint Defense Communication and shall cooperate fully with all other Parties in any judicial proceeding relating to the disclosure of any Joint Defense Communications. However, the Parties understand and acknowledge that all Parties can still comply with their legal obligations under the CPRA and other document production statutes, if any, without breaching this Agreement, and no Party is required to seek a protective order or otherwise incur legal expense in efforts to oppose such a disclosure of a Joint Defense Communication.

6. Injunction to Prevent Improper Disclosure. The Parties agree that the unauthorized or improper disclosure of Joint Defense Communications to third parties not covered by this Agreement will result in irreparable harm to the Parties. In the event a Party or former Party believes that another Party or former Party is preparing to disclose Joint Defense Communications to third parties not covered by this Agreement, the Party or former Party objecting to such disclosure may seek an injunction to prevent the disclosure of such Joint Defense Communications. Each Party represents and warrants that it will not, in the future, assert that such an injunction is not necessary on the grounds that there is an adequate remedy at law.

7. Joint Consultants or Experts. The Parties agree that if a consultant or expert is jointly hired by the Common Interest Group, or retained by an individual Party for a matter on which a common interest exists with respect to the Permit Proceedings, that consultant or expert is covered by the joint defense and/or common interest doctrines and that privileges or protections applicable to the consultant or expert’s work product or to any Party’s communications with the consultant or expert shall not be waived by sharing such work product or communications with other Parties to this Agreement. The Parties agree not to seek disqualification of consultants or experts engaged by any other Party or Parties in connection with any future action based solely on the exchange of information pursuant to this Agreement.

8. Good Faith. Each Party agrees to exercise good faith and diligence to implement this Agreement and to maintain the confidentiality of discussions and exchanged Joint Defense Communications consistent with the purposes of this Agreement and the intent of the Party providing the information.

9. Independent Efforts. Nothing in this Agreement shall be construed to restrict the right of a Party to undertake separate investigative efforts or legal research in the defense of any action relating to the Permit Proceedings or any adverse claims related to them. Any Party undertaking such separate efforts shall be free to disclose or use the results of the separate and independent efforts in any manner that Party desires, without the consent of the Parties or any other Party.

10. Withdrawal or Settlement. Any Party may withdraw from this Agreement by delivering written notice to all other Parties, in accordance with Section 13 of this Agreement.

Alternatively, one or more Parties may conclude their involvement in the Permit Proceedings by MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 126 of 158 6 reason of settlement or otherwise. Any voluntary withdrawal or settlement does not relieve any Party’s obligation to continue to protect the confidentiality of all Joint Defense Communications, as though all Parties were still active in the Permit Proceedings. Such withdrawal or settlement shall be effective on the date that notice is deemed delivered to all Parties under the notice provision herein. Any Party withdrawing from this Agreement shall no longer have any right of access to any Joint Defense Communications after the date of withdrawal. The withdrawing Party shall either return or destroy all copies of Joint Defense Communications in its possession and shall certify in writing that all such materials have been returned or destroyed, as may be the case. All obligations under this Agreement shall continue to apply to the withdrawing and remaining Parties with respect to any Joint Defense Communications made to or by the withdrawing Parties prior to withdrawal.

11. Termination. This Agreement shall terminate upon the earlier of the following occurrences: (a) conclusion of all Permit Proceedings evidenced by a final judgment or settlement of administrative or judicial actions related to the Final Permit; (b) upon unanimous written consent to terminate among all then-current Parties; or (c) withdrawal from this Agreement by all of the Parties.

12. Survival of Obligations. Each Party agrees that all obligations herein, including the obligation to protect the confidentiality of Joint Defense Communications under this Agreement, shall survive the withdrawal from or termination of this Agreement, by settlement or otherwise, and shall remain binding on all Parties notwithstanding their withdrawal or the Agreement’s termination, even if the interests of the Parties later become adverse, and regardless of whether the joint defense and/or common interest doctrines become inapplicable with respect to later communications between the Parties.

13. Notices. Except for changes in contact information, all notices under this Agreement must be in writing and must be sent by e-mail to the addresses set forth in Appendix A or hand-delivered or sent by registered or certified mail, postage pre-paid, return receipt requested, or by FEDEX or other nationally recognized overnight delivery service to each Party. Any notice shall be deemed delivered five (5) business days after such mailing date, except that any notice hand-delivered or sent by e-mail or overnight delivery shall be deemed delivered one (1) business day after the dispatch date for overnight delivery service. Notices shall be addressed to each Party at the addresses shown for them in Appendix A, with a copy to its respective counsel of record.

Should the contact information for any Party change, then the Party shall provide written notification to all other Parties, either by e-mail or U.S. Mail within thirty (30) days of the change.

14. Engagement. Each Party agrees that it will not move to disqualify counsel from accepting future engagements unrelated to Permit Proceedings based solely upon counsel’s receipt of Joint Defense Communication. The Parties agree they will not seek to disqualify counsel from examining or cross-examining any Party who testifies at any proceeding, whether under a grant of immunity or otherwise, because of such attorney’s participation in this Joint Defense Agreement; and that such attorney may use any Joint Defense Communications provided by such Party while the Party was participating in this Agreement, but only consistent with the provisions of this Agreement. Each undersigned counsel to this Agreement represents that he or she has specifically advised his or her respective client of this clause and that such client has agreed to its provisions.

MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 127 of 158 7 15. Entire Agreement. This Agreement sets forth the entire agreement of the Parties with respect to the subject matter contained herein, and no other terms are binding on the Parties.

16. Modifications. Any modification to this Agreement must be in writing and signed by all of the then-current Parties. This Section does not apply to changes in a Party’s contact information.

17. Remedies. The Parties expressly acknowledge and agree that no adequate remedy is available at law for a breach of this Agreement and that in addition to any other remedies available, performance of this Agreement may be specifically ordered and/or a breach hereof may be enjoined, or both.

18. No Admission of Liability or Responsibility. No recital, term, and/or provision in this Agreement shall be construed as an admission of liability or responsibility relating to the adverse claims by any Party.

19. Additional Parties. Additional parties and their counsel may be added to the Common Interest Group with prior written acceptance of such addition by all Parties, which may be provided by e-mail from counsel for the Parties. The addition of a new Party is effected by completion of the “Additional Party Signature Page,” attached hereto, and delivery of the completed signature page to all other Parties.

20. No Relationships Created. Nothing in this Agreement shall be construed to (a) create an attorney-client relationship between any Party and/or counsel to any other Party; (b) create any agency relationship among the Parties and/or their counsel, including a joint venture or partnership; or (c) affect the separate and independent representation of each Party by its respective counsel according to what each such counsel believes to be in the client’s best interests.

Each Party is responsible for directing its respective counsel and, to the extent the research or work product of any Party’s counsel is disclosed to other Parties in furtherance of the Parties’ common interest, such disclosure shall not waive any privileges or protections that apply to the work product, and shall not entitle any Party to move to disqualify the other Party’s counsel due to the performance of such work or because of information obtained in the course of such work.

21. Reservation of Rights and Claims. Notwithstanding any provision of this Agreement, each Party reserves all claims, causes of action, and any and all other rights it has or may have against any other Party, and the Parties do not intend or expect this Agreement to release or to waive those claims or rights.

22. Attorney’s Fees. Except by separate agreement, including but not limited to the Implementation Agreement, each Party shall be responsible for its own attorney’s fees related to this Agreement, any actions required under this Agreement, and actions during or related to the Permit Proceedings.

23. No Compensation. Except by separate agreement, including but not limited to the Implementation Agreement, no Party shall be entitled to any compensation, reimbursement or contribution from any other Party for the participation of its employees, officers, agents, or counsel in the Permit Proceedings.

MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 128 of 158

24. Jointly Drafted. The Parties agree that this Agreement was jointly drafted by each Party, and no inference or rule of construction shall be applied based on the assumption that any individual Party drafted any provision in this Agreement.

25. Counterparts and Signatures. The Parties agree that Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which together shall constitute one and the same instrument, and that a photocopy or facsimile may serve as an original.

If this Agreement is executed in counterparts, no signatory hereto shall be bound until both the parties have fully executed a counterpart of this Agreement. The Parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Each Party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.

26. Severability. If any provision in this Agreement is deemed invalid or unenforceable, the balance of this Agreement shall remain effective and shall be enforced to the full extent permitted by law.

27. Authority. The undersigned individuals represent that they are authorized to execute this Agreement on behalf of their respective Parties.

28. Choice of Law. This Agreement will be interpreted in accordance with the laws of the State of California without regard to principles of conflicts oflaw; venue shall be San Bernardino County.

WHEREFORE, the Parties below have executed and entered into this Agreement as of the date indicated and within the jurisdiction noted.

SAN BERNARDINO COUNTY AND

SAN BERNARDINO COUNTY FLOOD

CONTROL DISTRICT
Tom Bunton
County Counsel
San Bernardino County and
San Bernardino County Flood Control District
8 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 129 of 158

CITY OF MONTCLAIR
By: ________________________________
Name:

Title:_______________________________
Date:_______________________________
Approved as to Legal Form:

By:

Name:______________________________
Title:_______________________________
Date:_______________________________
Attest:

By:______________________________
Name:

Title: ____________________________
Date: ____________________________
MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 130 of 158

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 4, 2024
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: FLP100, PER140
DEPT.: ADMIN. SVCS.

PREPARER: B. KUMANSKI
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 24–3455 AUTHORIZING THE CITY OF MONTCLAIR TO ACCESS STATE– AND FEDERAL–LEVEL SUMMARY CRIMINAL HISTORY

INFORMATION FOR EMPLOYMENT PURPOSES
REASON FOR CONSIDERATION: The governing board of an agency must adopt a resolution to request the agency have access to state– and federal– level criminal information for employment purposes. The City Council is requested to consider adoption of Resolution No. 24–3461 authorizing the City of Montclair to access of state– and federal–level summary criminal history information for employment purposes.

BACKGROUND: The California Department of Justice (DOJ) is mandated to maintain the statewide criminal record repository for the State of California. In this capacity, sheriff, police, and probation departments; district attorney offices; and courts submit arrest and corresponding disposition information. DOJ uses this information to compile records of arrest and prosecution, known as "RAP sheets," for individuals and disseminates the information for law enforcement and regulatory (employment and licensing) purposes. RAP sheets are based upon fingerprint submissions and are, therefore, positively identified biometrically, a process by which a person’s unique identity is confirmed.

Securing a criminal background check of an individual prior to employment with the City aids in the evaluation of the applicant and their suitability for a position. The background check process begins when the City makes a conditional offer of employment and sends the candidate for a fingerprint live scan through the Police Department. The candidate completes a form with their personal information and provides the form and appropriate information to a live scan operator at the Police Department. The live scan operator checks the applicant’s identification, inputs the applicant’s personal descriptor information, captures the applicant’s fingerprints electronically, and transmits the data to the DOJ.

If a Federal Bureau of Investigation (FBI) criminal background check is requested during the process, the fingerprint images are forwarded to the FBI to perform a fingerprint– based search of records in the national criminal history database. If the applicant’s fingerprints match fingerprints in the national criminal history database, the FBI sends the DOJ a cumulative RAP sheet that contains criminal history information from any state or federal agencies that have reported the information to the FBI.

Due to federal law, the Police Department is only authorized to conduct federal–level criminal background checks for employees or candidates for certain positions deemed sensitive in nature, such as those working with children, the elderly, and other positions of trust with personal or financial information. Currently, the level of service approved for other employees and positions is for DOJ criminal history (California only). This, however, leaves a large potential loophole for those with out–of–state or military criminal records from being discovered.

MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 131 of 158 Staff believes that being able to conduct thorough background investigations of City employees in all positions is a necessity. Therefore, the City must seek approval for both DOJ and FBI Level of Service. The City would not be permitted to use state– and federal–level information obtained for purposes other than employment with the City of Montclair, and the information used to disqualify a candidate must be relevant to the position.

FISCAL IMPACT: There would be a fiscal impact of $17 per fingerprinted applicant for the added FBI inquiry of candidates who are provided conditional offers of employment with the City.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 24–3455 authorizing the City of Montclair to access state– and federal–level summary criminal history information for employment purposes.

MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 132 of 158 Resolution No. 24–3455 Page 1 of 1
RESOLUTION NO. 24–3455

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR AUTHORIZING THE ACCESS OF STATE–
AND FEDERAL–LEVEL SUMMARY CRIMINAL HISTORY

INFORMATION FOR EMPLOYMENT WITH THE CITY OF

MONTCLAIR
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) authorize cities, counties, districts, and joint powers authorities to access state and local summary criminal history information for employment, licensing or certification purposes; and WHEREAS, Penal Code Section 11105(b)(11) authorizes cities, counties, districts, and joint powers authorities to access federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation; and WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require that there be a requirement or exclusion from employment, licensing, or certification based on specific criminal conduct on the part of the subject of the record; and WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require the city council, board of supervisors, governing body of a city, county or district or joint powers authority to specifically authorize access to summary criminal history information for employment, licensing, or certification purposes.

NOW THEREFORE, BE IT RESOLVED, that the City of Montclair is hereby authorized to access state and federal level summary criminal history information for employment with the City of Montclair (including volunteers and contract employees) and may not disseminate the information to a private entity.

BE IT FURTHER RESOLVED that the City of Montclair shall not consider a person who has been convicted of a violent or serious felony or misdemeanor eligible for employment (including volunteers and contract employees, if applicable), except that such conviction may be disregarded if it is determined that mitigating circumstances exist, or that the conviction is not related to the employment in question.

The Clerk of the City of Montclair shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this XX day of XX, 2024.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 24–3455 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2024, and that it was adopted by the following vote, to–wit:

AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 133 of 158

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 4, 2024
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 2
FILE I.D.: STB300–17
DEPT.: FINANCE
PREPARER: C. GRAVES
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 24–3459 AUTHORIZING PLACEMENT

OF LIENS ON CERTAIN PROPERTIES FOR DELINQUENT SEWER AND TRASH CHARGES REASON FOR CONSIDERATION: Staff has identified 156 sewer and trash accounts in the odd–numbered–month billing cycle that are more than three billing periods delinquent. Pursuant to Montclair Municipal Code Chapter 1.12, these properties are subject to lien.

BACKGROUND: Ordinance No. 02–815 authorizes the placement of liens on properties on which delinquent civil debts have accrued and makes property owners responsible for delinquent sewer and trash charges accrued after the effective date of the Ordinance (March 1, 2002) for accounts in tenants' names. Prior to the City Council's adoption of Ordinance No. 02–815, property owners were responsible for only those accounts in their own names.

FISCAL IMPACT: Recoverable amount is $56,958.63, plus $3,120.00 for release of lien fees, plus $7,800.00 in lien fees, for a total of $67,878.63.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 24–3459 authorizing placement of liens on certain properties for delinquent sewer and trash charges.

MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 134 of 158 Resolution No. 24–3459 Page 1 of 1
RESOLUTION NO. 24–3459

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF MONTCLAIR AUTHORIZING

PLACEMENT OF LIENS ON CERTAIN

PROPERTIES FOR DELINQUENT SEWER

AND TRASH ACCOUNTS
WHEREAS, Chapter 1.12 of the Montclair Municipal Code authorizes the City to place liens on properties on which delinquent civil debts have accrued; and WHEREAS, all owners of property in the City of Montclair were notified about the adoption of Ordinance No. 02–815 authorizing placement of liens on properties on which delinquent civil debts have accrued; and
WHEREAS, it has been determined that there are 156 sewer and/or trash accounts on which there are delinquencies in excess of 90 days; and WHEREAS, the owners of these properties have received regular billing statements and late notices since the onset of such delinquencies; and WHEREAS, the owners of these properties were notified on October 10, 2024, that their delinquent accounts are subject to causing a lien to be placed on their properties for settlement of such delinquencies; and that such liens would be considered for approval by the Montclair City Council on Monday, November 4, 2024.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair approves the placement of liens on the properties and in the amounts specified in Exhibit A, entitled Report of Delinquent Civil Debts – November 2024, attached hereto.

BE IT FURTHER RESOLVED that the City Clerk is authorized to provide the San Bernardino County Auditor/Controller–Recorder with the documents required to cause such liens to be placed.

APPROVED AND ADOPTED this XX day of XX, 2024.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 24–3459 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2024, and that it was adopted by the following vote, to–wit:

AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 135 of 158 Exhibit A to Resolution – 24–3459
Report of Delinquent Civil Debts – November 2024