CITY OF
SIERRA MADRE
CITY COUNCIL
REGULAR MEETING
AGENDA
Mayor Kristine Lowe | Mayor Pro Tem Gene Goss
Council Member Edward Garcia | Council Member Kelly Kriebs | Council Member Robert Parkhurst Tuesday, January 27, 2026, 5:30 PM
City Council Chambers, 232 W. Sierra Madre Blvd.
AMERICANS WITH DISABILITIES ACT
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (626) 574-5455. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.
PUBLIC COMMENT & ACCESS
The Brown Act provides the public with an opportunity to make public comments at any public meeting. As an alternative, public comment may be submitted by e-mail to [email protected] by 3:00PM on the day of the meeting. Emails will be acknowledged at the City Council meeting, filed into public record, and scanned onto the City website for public review.
A copy of the posted agenda and a live video stream of the meeting can be found on the City’s website at sierramadreca.gov , on Foothills Media website at foothillsmedia.org/sierramadre, and broadcast on Government Access Channel 3 (Spectrum).
If you require special assistance to participate in this meeting, please contact the City Clerk’s Office at (626) 355-7135 at least 48 hours prior to the meeting.
CODE OF CONDUCT
The purpose of a City Council meeting is to conduct City business. Members of the public that behave in a manner that interrupts or obstructs the City Council’s ability to conduct City business may be asked to leave the meeting. Any and all demonstrations which disrupt, interrupt, or obstruct the City Council’s ability to conduct City business are prohibited. No signs, posters, or other large objects shall be brought into the Council Chambers or other meeting place if doing so would disrupt, disturb, or otherwise impede the orderly course of the meeting.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE AND INSPIRATION
Mayor Pro Tem Gene Goss
3. ROLL CALL OF CITY COUNCIL MEMBERS
Kristine Lowe, Mayor
Gene Goss, Mayor Pro Tem
Edward Garcia, Council Member
Kelly Kriebs, Council Member
Robert Parkhurst, Council Member
4. REPORT FROM CITY ATTORNEY REGARDING CLOSED SESSION
A. Conference with Legal Counsel; Existing Litigation (Gov. Code § 54956.9(d)(1)).6) The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation.
Name of Case: Gursey v. Southern California Edison Company et al Name of Parties: Southern California Edison Company
Case No: 25STCV00731
B. Public Employee Performance Evaluation (Gov. Code § 54957) Title: City Attorney
C. Public Employee Performance Evaluation (Gov. Code § 54957) Title: City Manager
5. SUPPLEMENTAL INFORMATION FROM CITY CLERK REGARDING AGENDA ITEMS
6. REPORTS FROM MAYOR AND CITY COUNCIL (including reports from City Council related to meetings attended at City expense per AB 1234)
7. REPORTS FROM CITY STAFF
8. PRESENTATIONS
A. Presentation by The Vertex Companies on the Library Improvement Project B. Presentation by Southern California Association of Governments on Programs and Services
9. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA
Any person wishing to speak before the City Council is asked to complete a Speaker Card and provide it to the City Clerk prior to the start of the meeting. Speakers are generally limited to three (3) minutes per person and time may not be delegated; any changes to the allotted time will be announced prior to the Public Comment period.
Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda.
Addressing the City Council from the audience is not permitted; all comments addressing the Council must be made from the podium. Only public comment made from the podium will be recognized by the City Council and entered into public record.
10. PUBLIC HEARING
Any person wishing to speak before the City Council on a public hearing item is asked to complete a Speaker Card noting the agenda item number and provide it to the City Clerk prior to the start of the public hearing. Separate and apart from the applicant (who may speak longer in the discretion of the City Council) speakers are generally limited to three (3) minutes per person; any changes to the allotted time will be announced prior to the Public Comment period. Under the Brown Act, the City Council is prohibited from discussing or acting on any item not listed on the posted agenda. The applicant may additionally submit rebuttal comments, at the discretion of the City Council.
A. Public Hearing to Adopt Resolution No. 26-09 certifying an Environmental Impact Report, Approving Tentative Tract Map No. 65348, and approving a Mitigation Monitoring and Reporting Program for the Ginkgo Stonehouse Residential Project located at 935 and 965 East Grand View Avenue CEQA: Pursuant to California Public Resources Code Section 21100, state law requires the preparation of an EIR for proposed projects that may have a significant effect on the environment. The EIR is an informational document intended for use by the City of Sierra Madre as the lead agency, other public agencies, and members of the public. 14 CCR Section 15090 requires a lead agency to certify the final EIR prior to approving a proposed project.
Recommended Action: Adopt
11. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless a member of the City Council requests that a specific item be removed from the Consent Calendar for separate discussion and action.
A. Regular Meeting Minutes of January 13, 2026
CEQA: Not a Project
Recommended Action: Approve
B. Resolution No. 26-08 Approving Certain Demands for Payment CEQA: Not a Project
Recommended Action: Adopt
C. San Gabriel Valley Municipal Water District Grant and Implementation of an Acoustic Leak Detection Program
CEQA: Not a Project
Recommended Action: Approve
D. Professional Services Agreement with Willdan, Civiltec Engineering, Transtech Engineers, and IMEG for On-Call Engineering Services for the remainder of Fiscal Year 2026/2026 and for Fiscal Year 2026/2027 through Fiscal year 2028/2029
CEQA: Not a Project
Recommended Action: Approve
E. Amendment No. 2 to the Professional Services Agreement for Consultant Services with GeoCon West, Inc. in the amount of $49,000 for a total not-toexceed contract amount of $101,600 CEQA: Not a Project
Recommended Action: Approve
F. Revised Amendment No. 1 to the Professional Services Agreement with Vertex Companies, LLC for construction management and oversight services for the Library Remodel and Construction Expansion Project
CEQA: Exempt
Recommended Action: Approve
G. Resolution No. 26-10 Adopting the 2025 City of Sierra Madre Local Hazard Mitigation Plan CEQA: Not a Project
Recommended Action: Adopt
H. DELETE ME PLEASE I can update the title
RECOMMENDED ACTION: it would go here
— Alternatives would go here
12. DISCUSSION ITEMS
A. First Reading of Ordinance No. 1489 Amending Chapter 10.52 (Parking Prohibitions on Yellow and Red Flag Alert Days) of Title 10 (Vehicles and Traffic) of the Sierra Madre Municipal Code CEQA: Not a Project
Recommended Action: Approve
B. Report, Discussion, and Direction on a proposed GANN Appropriations Limit Increase Ballot Measure at the June 2, 2026 Statewide Primary Election
CEQA: Not a Project
Recommended Action: Provide Direction
13. ITEMS FOR FUTURE AGENDAS
14. ADJOURNMENT
The City Council will adjourn to its next regular meeting on February 10, 2026.
Date Posted: February 13, 2026
CITY OF
SIERRA MADRE STAFF REPORT
PLANNING & COMMUNITY PRESERVATION
DATE: January 27, 2026
TO: Honorable Mayor and City Council
FROM: Clare Lin, Planning & Community Preservation Director By: Joshua Wolf, Senior Planner
SUBJECT: Public Hearing to Adopt Resolution No. 26-09 Approving Tentative Tract Map 65348, Certification of an Environmental Impact Report, and Approval of a Mitigation Monitoring and Reporting Program for a Proposed Nine-Lot Residential Subdivision Located at 935 and 965 East Grand View Avenue
RECOMMENDATION
It is recommended that the City Council conduct a Public Hearing to certify an Environmental Impact Report, adopt a Mitigation Monitoring and Reporting Program, and approve Tentative Tract Map 65348 for the Ginkgo Stonehouse Residential Project.
SUMMARY
The City of Sierra Madre and the CS One Carter and CS Stonehouse entered into a Settlement Agreement on March 23, 2010, which outlined a proposed nine-lot subdivision (“Project”) for Parcel 3 and 4, as shown in the Settlement Agreement with CS One Carter and CS Stonehouse.
The applicant, Ginkgo Stonehouse, LLC (“Applicant”), successor of CS Stonehouse, entered into a Tolling Agreement to extend the Settlement Agreement.
The Project proposes the subdivision and development of nine (9) single-family residential lots on approximately 9.06 acres of land located at 935 and 965 East Grand View Avenue. The Project requires City Council action to conduct a Public Hearing to approve Tentative Tract Map 65348 and certify the Final Environmental Impact Report (“EIR”) with a Mitigation Monitoring and Reporting Program (“MMRP”) pursuant to the California Environmental Quality Act (“CEQA”).
BACKGROUND
In March 2010, CS Stonehouse LLC and the City entered into the “Settlement Agreement” with respect to the property located at 935 & 965 East Grand View Avenue, Sierra Madre, California 91024-0000(“Stonehouse Property”). Following the Settlement Agreement, CS Stonehouse, LLC Public Hearing to Adopt Resolution No. 26-09 Ginkgo Stonehouse Residential Project January 27, 2026
wanted to sell its interest in the Stonehouse Property to Ginkgo Stonehouse, LLC (“Ginkgo 1”). In order to facilitate the transfer and avoid relitigating the case, the City and CS Stonehouse, LLC entered into a Tolling Agreement in October 2011 — thereby preserving the option for CS Stonehouse, LLC (and their successors in interest) to refile their lawsuits at some future date.
In September 2012, CS Stonehouse LLC transferred its interest in the Stonehouse Property to Ginkgo 1. In December 2012, Ginkgo 1 sold a portion of its interest in the Stonehouse Property to Ginkgo Stonehouse II, LLC (“Gingko 2”), thereby leaving AIN Nos. 5764-001-017 and 5764-001- 018 with Ginkgo 1 and transferring AIN Nos. 5764-001-019 and 5764-005-012 to Ginkgo 2.
On January 18, 2023, Ginkgo Stonehouse II, LLC recorded a Grant Deed with the Los Angeles County Recorder transferring its interest in the Stonehouse Property to CYTS USA, LLC. Therefore, Ginkgo 1 and CYTS USA, LLC are the current owners of their respective portions of the Stonehouse Property, but Gingko 1 is contractually authorized to bind both parties pursuant to a separate agreement between them.
On March 11, 2025, the City Council adopted the Fourteenth Tolling Agreement, extending the term of the rolling agreements through June 30, 2027, and thereby providing two additional years for the developers to obtain the entitlements to develop their property consistent with the settlement agreement between the Ginkgo 1 and CYTS USA, LLC and the City.
On December 18, 2025, the Planning Commission adopted Resolution 25-14 recommending the City Council certify an Environmental Impact Report prepared, adopt a Mitigation Monitoring and Reporting Program, and approve Tentative Tract Map 65348 for the Ginkgo Stonehouse Residential Project.
APPLICANT
Ginkgo 1, a California limited liability company, is the owner of the property (APN 5764-001-017 and 5764-001-018) located at 935 and 965 E. Grand View Avenue, Sierra Madre, CA 91024 (Property). The project site contains one approximately 1,700-square-foot single-family residential building and one 600-square-foot shed. The property located at 965 E. Grand View Avenue contains three single-family residential buildings; residences measure approximately 1,800 square feet, 1,400 square feet, and 1,500 square feet. There are also two gazebos (approximately 250 square feet) and two sheds (approximately 500–1,000 square feet) at 965 E.
Grand View Avenue. The areas surrounding the Project site consist of single-family residences and vacant areas with varying levels of disturbance.
PROPOSED PROJECT
The Project proposes the subdivision of approximately nine acres of land to create nine singlefamily residential lots. Approximately four of the nine acres within the “Project boundary” or Public Hearing to Adopt Resolution No. 26-09 Ginkgo Stonehouse Residential Project January 27, 2026
“Project site” are proposed as a non-buildable area that would prohibit development and limit activities within. The non-buildable area within the lots of individual homeowners would be deed restricted to prohibit any use or development other than for passive open space and maintenance purposes.
Four (4) existing residential structures and accessory gazebos and sheds would be demolished; the Project site would be graded to establish the residential building pads; and associated infrastructure would be constructed including a new private Street ‘A’ with cul-de-sac, driveway/fire access road, retaining walls, swales, and utility connections to East Grand View Avenue.
Project Alternative 2: Reduce Lot Size Design Alternative Alternative 2 proposes the construction of nine (9) units, the same number of units as the proposed Project, with reduced lot size for Lots 1, 2, 3, and 4, and condensed toward the south end of the project site and situated closer to East Grand View Avenue.
This design would allow for less encroachment into the non-buildable area due to the lack of the additional driveway/fire access road, smaller grading footprint, and potential to reduce any fuel modification/brush management requirements within the non-buildable area that may be later conditioned on the Lot 4 residential structure. Lots 5, 6, 7, 8, and 9 would be in the same area and configuration as the proposed Project. Both the proposed Project and Alternative 2 would construct nine (9) single-family residential detached lots. However, under Alternative 2, Lot 4 is condensed, leaving a larger open space area available on the Project site.
PROCEDURE
Sierra Madre Municipal Code (“SMMC”) Chapter 16.12 provides filing and review procedures for tentative maps. A pre-application review with the Planning Commission was conducted in May of 2014, at which time the applicant proposed a thirteen (13)- lot subdivision within the current Project boundary. Applicant has amended their application for the Vesting Tentative Tract Map to establish the current Project boundary and reduce the number of residential lots within the proposed subdivision from thirteen (13) to nine (9). In 2023, the City commenced the environmental review as lead agency in accordance with the 2010 Settlement Agreement with Ginkgo 1. Preparation and procedure of the EIR is explained in greater detail in the Discussion & Analysis section of this Staff Report.
In accordance with SMMC Section 16.12.060, this Staff Report, Applicant’s proposed Tentative Tract Map, the Revised Draft EIR, and the Final EIR with a Mitigation Monitoring and Reporting Program have been duly forwarded with recommendation to the City Council. Under SMMC Section 16.12.080, the City Council shall approve, conditionally approve, or disapprove the Public Hearing to Adopt Resolution No. 26-09 Ginkgo Stonehouse Residential Project January 27, 2026
tentative map and any action taken shall be supported by the required findings set forth in Section 16.12.070.
Following an approval of Tentative Tract Map 65348 and certification of the Environmental Impact Report with the Mitigation Monitoring and Reporting Program, Applicant is given 24 months to complete the Final Tract Map. This includes the completion of rough grading, installation of utilities, and construction of private roads. Permits for this work are granted following review of associated demolition, grading, and construction plans for full compliance with all applicable laws. Because the Ginkgo Stonehouse land area remains within the Residential Hillside Zone, development of each lot may be subject to a Hillside Development Permit granted by the Planning Commission.
DISCUSSION & ANALYSIS
CEQA Compliance
Pursuant to California Public Resources Code Section 21100, state law requires the preparation of an EIR for proposed projects that may have a significant effect on the environment . The EIR is an informational document intended for use by the City of Sierra Madre as the lead agency, other public agencies, and members of the public. An EIR must identify the significant effects of a proposed project on the environment and the feasible alternatives or mitigation measures to avoid or substantially lessen such significant effects.
The Final EIR evaluates the environmental effects associated with development of the Project and discusses the manner in which the Project’s significant effects can be reduced or avoided through the implementation of mitigation measures or feasible alternatives to the Project. 14 CCR Section 15090 requires a lead agency to certify the final EIR prior to approving a proposed project. Certification includes that the final EIR: has been completed in compliance with CEQA, was presented to the decision-making body of the leady agency who reviewed and considered the information in the final EIR prior to approving the project, and that the final EIR reflects the lead agency’s independent judgment and analysis. Certification of an EIR is not the procedural equivalent of a project approval, but a necessary step in the CEQA process to adopt a final EIR before a project may be approved and a notice of determination is filed with the county clerk.
The Planning Commission is recommending that the City Council certify the Final EIR as the decision-making body of the City, prior to project approval and the filing of a notice of determination.
14 CCR Section 15091 requires that no public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the Public Hearing to Adopt Resolution No. 26-09 Ginkgo Stonehouse Residential Project January 27, 2026
project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding.
The Planning Commission is recommending that, under 15091(a)(1) and in accordance with 15091(d), the City Council find that the project is altered to avoid or substantially lessen the significant environmental effect by the mitigation measures incorporated within the MMRP as identified by the Final EIR.
Tribal Assembly Bill 52, Public Resources Code section 21080.3.1 On October 19, 2023, the City issued the formal Notice of Preparation notification letter contacting all groups provided by the California Native American Heritage Commission (NAHC) and all groups that have previously requested formal notification of projects for which Notice of Preparation, Notice of Mitigated Negative Declaration or Notice of Negative Declaration is filed on or after July 1, 2015. (Stats. 2114, ch. 532, § 11 (c)). This correspondence is intended as formal notification of the proposed Project pursuant to AB 52 and Public Resources Code section 21080.3.1.The City received requests from Gabrieleño Band of Mission Indians—Kizh Nation and Gabrielino Tongva Indians of California—for consultation. Consultations correspondences are included within the Draft EIR (see: Attachment C of Appendix D1).
EIR Scoping Meetings
In compliance with State law, the City held an in-person scoping session at the Sierra Madre Hart Park House on October 25, 2023. Applicant’s consultants, EIR consultants, City staff, and residents participated in the City’s scoping meeting. The EIR process was discussed in detail and participants provided written public comments and suggestions regarding the scope and content of the Draft EIR that was being prepared for the Project.
Draft EIR Public Comment Period
The Draft EIR was released on July 15, 2025, for a 45-day public comment period in compliance with CEQA Guidelines, ending on August 29, 2025. This period allowed residents, responsible and trustee agencies, interested groups, and organizations to thoroughly review the environmental document and technical studies and to submit written comments to staff.
EIR scoping meetings, Notice of Availability, and public hearing notices were sent to all residential addresses within the one thousand foot radius from the subject site.
Comments and Responses
The City received 5 written comments and posted to the City Manager’s transparency portal on November 13, 2025. The responses to comments received on the Draft EIR for the Project (State Clearinghouse Number SCH No. 2023100084) during the public review period are included in the Public Hearing to Adopt Resolution No. 26-09 Ginkgo Stonehouse Residential Project January 27, 2026
Final EIR document, which has been prepared in accordance with CEQA Guidelines and represents the independent judgment of the City. This document and the circulated Draft EIR comprise the Final EIR, in accordance with CEQA Guidelines (Cal. Code Regs., tit. 14, § § 15007, subd. (c), 15132). These documents are posted to the City Manager’s webpage at the following link.
sierramadreca.gov/ginkgo
Environmental Analysis
The following sections analyze the potential environmental impacts that may occur as a result of implementation of the Project. Each issue’s analysis section includes a description of existing conditions, the criteria for the determination of impact significance; evaluation of potential project impacts, including mitigation measures (if applicable); identification of project design features that are components of the project that help avoid or reduce potential impacts; and a conclusion of significance after mitigation for impacts identified as requiring mitigation (if applicable). The environmental analyses of each topic are addressed in Section 5.0 of the EIR.
Separately considered, but part of the required environmental analysis, are the cumulative impacts of the Project together with other past, present, and reasonably foreseeable future related projects. Cumulative impacts are addressed in Section 4.0 and individual environmental topics are addressed in section of 5.0 of the EIR.
The environmental analysis topics addressed in the EIR are as follows:
• Aesthetics
• Agriculture and Forestry Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Energy
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
Hydrology and Water Quality
• Land Use and Planning
• Mineral Resources
• Noise
• Population and Housing
• Public Services
• Recreation
• Transportation
• Tribal Cultural Resources
• Utilities and Service Systems
Wildfire
Conclusions of the EIR
The Environmental Issues/Mitigation Summary table of the Section 1.5 of the Revised Draft EIR is included herein as Attachment 3. This table summarizes the proposed project’s environmental impacts under CEQA, the mitigation measures to reduce potentially significant impacts to less than significant, and a determination regarding the level of significance of each potential impact after mitigation.
Public Hearing to Adopt Resolution No. 26-09 Ginkgo Stonehouse Residential Project January 27, 2026
The analysis determined that there is no potential impact, or that any impact would be less than significant to the environment, and therefore no mitigation is required for the following topics. • Aesthetics
• Agriculture and Forestry Resources
• Air Quality
• Energy
• Greenhouse Gas Emissions
• Hydrology and Water Quality
• Land Use and Planning
• Mineral Resources
• Population and Housing
• Public Services
• Recreation
• Wildfire
The remaining environmental analyses have a less than significant impact after mitigation. Refer to Attachment 3, for a full description of each mitigation measure. • Biological Resources • Noise
• Cultural Resources • Transportation
• Geology and Soils • Tribal Cultural Resources
• Hazards and Hazardous Materials • Utilities and Service Systems Project Alternatives Consideration
The proposed Project would result in no impacts, less than significant impacts, and less than significant impacts with mitigation incorporated across all 20 environmental issue areas. No significant unavoidable adverse impact would occur. The proposed Project would meet three (3) Project Objectives and mostly meet three (3) Project Objectives.
Alternative 1 – No Project, Current General Plan and Zoning Alternative 1 would not construct the proposed development lots. Compared to the proposed Project, Alternative 1 would result in reduced impacts for 14 issue areas (air quality, biological resources, cultural resources, energy, greenhouse gas emissions, hazards/hazardous materials, hydrology/water quality, noise, population/housing, public services, recreation, transportation, tribal cultural resources, and utilities/service systems) and similar impacts for 6 issue areas (aesthetics, agriculture/forestry resources, geology/soils, land use/planning, mineral resources, and wildfire). No issue areas are anticipated to experience an increase in impacts compared to the proposed Project. As indicated above, Alternative 1 would meet four (4) Project Objectives and would not meet two (2) Project Objectives.
Alternative 2 – Reduced Lot Size Design Alternative
The applicant provided Alternative 2, which proposed the construction of nine units, the same number of units of the proposed project with a reduced lot size and condensed development toward the south end of the project site. Compared to the proposed Project, Alternative 2 would have a substantially similar impact on aesthetics, agriculture/forestry resources, cultural Public Hearing to Adopt Resolution No. 26-09 Ginkgo Stonehouse Residential Project January 27, 2026
resources, geology/soils, hazards/hazardous materials, hydrology/water quality, land use/planning, mineral resources, population/housing, public services, recreation, transportation, tribal cultural resources, utilities/service systems, and wildfire. Alternative 2 would have a marginally lesser impact on air quality, biological resources, energy, greenhouse gas emissions, and noise resulting from the condensed lot configuration and slightly reduced grading footprint.
Proposed Project mitigation would be the same for Alternative 2. Potential impacts would also be less than significant with mitigation incorporated. Alternative 2 would meet three (3) out of six (6) Project Objectives and mostly meet the remaining three (3) Project Objectives. Alternative 2 is the Environmentally Superior Alternative that is also not the No Project Alternative.
CITY COUNCIL ACTION
Sierra Madre Municipal Code Section 16.12.070 requires that the Planning Commission provide its recommendation to City Council with findings required in Sections 66427.1, 66473.5, 66474, and 66474.6 of the California Government Code and Section 21100 of the California Public Resources Code. These findings include that the City Council has been presented with the Final EIR, which it has reviewed and considered, and that the EIR is an accurate and objective statement that has been completed in full compliance with CEQA and the State CEQA Guidelines, and that the EIR reflects the independent judgment and analysis of the City.
The City Council must also find that, based on all of the evidence presented, including but not limited to the EIR, written and oral testimony given at meetings and hearings, and the submission of testimony from the public, organizations and regulatory agencies, the environmental impacts associated with the Project are either less than significant and do not require mitigation, or are potentially significant but will be avoided or reduced to a level of insignificance through the identified Mitigation Measures and Reporting Program.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process. Pursuant to Government Code Sections 65090, 65091, and 65094, notice was also published through the City’s website at sierramadreca.gov including publication in the Mountain Views News on December 6, 2025, posting at City Hall and City of Sierra Madre Library, and mailings to the residential address within one thousand foot radius map on December 3, 2025.
STRATEGIC PLAN RELATIONSHIP
Not applicable.
FISCAL IMPACT
There is no impact to the General Fund as a result of the recommended action.
Public Hearing to Adopt Resolution No. 26-09 Ginkgo Stonehouse Residential Project January 27, 2026
Approved by:
___________________________
Michael Bruckner
City Manager
Attachment(s):
1. City Council Resolution 26-09
2. Planning Commission Resolution 25-14
3. Final EIR, Response to Comments, Errata, and Mitigation Monitoring and Reporting Program*
4. Revised Draft EIR and Technical Appendices*
5. Tentative Tract Map No. 65348, Project as Proposed
6. Tentative Tract Map No. 65348, Project Alternative 2 *Attachments are only available online at sierramadreca.gov/ginkgo 273251.1
Attachment 1
RESOLUTION NO. 26-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SIERRA MADRE, CALIFORNIA CERTIFYING AN
ENVIRONMENTAL IMPACT REPORT, APPROVING
TENTATIVE TRACT MAP NO. 65348, AND APPROVING A
MITIGATION MONITORING AND REPORTING PROGRAM
FOR THE GINKGO STONEHOUSE RESIDENTIAL
PROJECT LOCATED AT 935 AND 965 EAST GRAND VIEW
AVENUE IN THE CITY OF SIERRA MADRE
RECITALS
WHEREAS, The Ginkgo Stonehouse, LLC (“Applicant”) owns the property located at 935 and 965 East Grand View Avenue, Sierra Madre, California 91024, Assessor’s Identification No. 5764-001-017 and 5764-001-018, consisting of approximately 9.06 acres (“Property”);
WHEREAS, the Applicant has submitted a vesting tentative tract map application to develop the Property with nine single-family detached residential lots and a cul-desac driveway as fire access road connecting to East Grand View Avenue (“Project”); WHEREAS, the Project is commonly referred to as “The Ginkgo Stonehouse Residential Project”;
WHEREAS, as lead agency, the City is required to certify an environmental impact report (“EIR”) and approve a mitigation monitoring and reporting program (“Mitigation Monitoring and Reporting Program”);
WHEREAS, pursuant to 14 CCR § 15202, the Planning Commission held a properly noticed public hearing on December 18, 2025, to consider the Project, the EIR, and related Project entitlements;
WHEREAS, pursuant to 14 CCR § 15090, the final EIR must be certified before the Project is approved;
WHEREAS, the Planning Commission has provided a recommendation that the City Council conditionally approve the Project; and
WHEREAS, the City provided notice of the public hearings listed above pursuant to Government Code Sections 65090, 65091, and 65094, including publication in the Mountain Views News on January 17, 2026, posting at City of Sierra Madre City Hall and public Library, and mailings to the Applicant, affected local agencies, and every residence within the 1,000 feet of the Project’s boundaries on January 15, 2026; and 273251.1
WHEREAS, pursuant to Government Code Sections 65355, 65854, and 65867, and SMMC Section 17.64.040, the City Council held a properly noticed public hearing on January 27, 2026, to consider the Project, the EIR, and related Project entitlements.
THEREFORE, THE CITY COUNCIL OF THE CITY OF SIERRA MADRE DOES RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The Recitals above are true and correct and incorporated herein by this reference.
SECTION 2. EIR. Pursuant to 14 CCR 15090, the City Council certifies the EIR for the Ginkgo Stonehouse Residential Project located at 935 and 965 East Grand View Avenue, Sierra Madre, because:
a. The Final EIR has been completed in compliance with CEQA and the State CEQA Guidelines promulgated thereunder in effect on November 20, 2025, the date the Amended Final EIR was made available for public review (Cal. Code Regs., tit. 14, § 15007, subd. (c).);
b. The Final EIR was presented to the City Council and the City Council reviewed and considered the information contained in the Final EIR prior to approving the Project;
c. The Final EIR reflects the City’s independent judgment and analysis.
Pursuant to Public Resources Code Section 21002 and CEQA Guidelines (14 CCR §§ 15000 et seq.) requiring that an EIR identify the significant effects of a project on the environment and provide measures or alternatives that can mitigate or avoid these effects, the City Council further finds that, based on all of the evidence presented, including but not limited to the EIR, written and oral testimony given at meetings and hearings, and the submission of testimony from the public, organizations and regulatory agencies, the environmental impacts associated with the Project are either less than significant and do not require mitigation, or are potentially significant but will be avoided or reduced to a level of insignificance through the identified Mitigation Measures. The mitigation measures incorporated into the project via the Mitigation Monitoring and Reporting Program (MMRP) will reduce any potentially significant environmental impacts to these other resource areas to levels that are less-than-significant. The applicant is required to complete and implement these mitigation measures via the MMRP as a condition of approval of this project.
The City Council further finds that no evidence of a new significant impact, or any new information of “substantial importance” as defined by State CEQA Guidelines, section 15088.5, has been received by the City after circulation of the Draft EIR that would require recirculation of the EIR.
SECTION 3.1. Findings for approval of a tentative tract map. Pursuant to Government Code Section 66474 and Sierra Madre Municipal Code Section 16.12.080, any action taken by the City Council shall be supported by the findings required in 273251.1
Sections 66473.5, 66474, and 66474.6 of the California Government Code and Section 21100 of the California Public Resources Code.
SECTION 3.2. Government Code Section 66473.5 requires a proposed subdivision shall be consistent with a general plan or a specific plan only if the local agency has officially adopted such a plan and the proposed subdivision or land use is compatible with the objectives, policies, general land uses, and programs specified in such a plan. The proposed map is consistent with the City’s General Plan as described further in Section 3.4.
SECTION 3.3. Pursuant to California Government Code Section 66474.6, the proposed subdivision causes no violation of existing requirements prescribed by a California regional water quality control board pursuant to Division 7 (commencing with Section 13000) of the Water Code, thus disapproval of the proposal may not be found on this basis.
SECTION 3.4. Pursuant to Sierra Madre Municipal Code and California Government Code Section 66474, the tentative tract map or parcel map shall be denied if any of the following findings are made by the Planning Commission:
A. That the proposed map is not consistent with applicable general and specific plans;
This finding cannot be made because the proposed map is consistent with the City’s General Plan as found through a surviving Settlement Agreement between the City and CS Stonehouse, LLC wherein the applicant retains vested rights to develop the subject property with standards consistent with the R-1 One-family Residential Zone in which the subject property was located at the time the applicant’s vesting tentative map application was deemed complete. Furthermore, an environmental impact report has been prepared consistent with CEQA Guidelines and the following General Plan Goals, Objectives and Policies:
Goal 2: Preserve and enhance the diversity in the character of residential neighborhoods ensuring that new development is compatible in its design and scale with older established development in the surrounding neighborhood without attempting to replicate or mass produce a style of development.
The Project would develop nine single-family lots, consistent with the design and scale of the surrounding development.
Goal 4: Ensure that development is done to maximize water conservation practices to reduce and minimize the impact on the City’s local water supply and the ability to serve its water customers.
Stormwater would be treated to support recharge of local groundwater. The Project would connect to the existing water main under East Grand View Avenue, which currently supplies the four existing homes on the Project site. 273251.1
Goal 5: Institute conservation measures so that the demand for water matches the City’s local supply.
The new residential buildings would be constructed with water saving measures as stipulated in the building code.
Goal 8: Preserve existing and provide additional constructed and natural open space.
The Project would construct new residential buildings in the same general area as existing residential buildings. The northern portion of the Project site would be restricted from development.
Goal 9: Preserve the hillside areas in order to protect the environment and mountain views, obtain a balance between developed areas and the hillside wilderness, and establish the role of the hillside as an entry point into wildland areas.
The tentative tract map does not show significant grading in the northern hillside portion of the Project site, which would be restricted from development.
Objective L1: Continuing the existing patterns of residential housing development.
The proposed Project replaces four single-family residential buildings, two sheds, and two gazebos with nine single-family residential lots. The Project would be consistent with the existing residential patterns of the area.
Policy L1.1: Maintain areas of the City for single‐family residences on varying lot sizes through the review and update of appropriate development standards.
The Project offers lots of varying sizes for single-family residences.
Policy L1.6: Require that new residential development, substantial remodeling and additions comply with all adopted water conservation measures that reduce and minimize the impact on the City’s water supply and its ability to serve its water customers.
The Project would conform to all adopted water conservation measures to reduce and minimize the impact on the City’s water supply.
Objective L4: Mitigating the impacts of new development on the City’s open space, trees, infrastructure, water, transit services, the character of existing development, and other public needs.
The Project’s residents would use City infrastructure in a similar demand to current single-family residential homes in the area.
Policy L4.1: Ensure that the expansion of existing uses is reflective of and complements the overall pattern of development, without changing the character of existing development.
The Project has been designed to concentrate development of the proposed nine homes generally in the same location as the existing homes. Lot sizes and singlefamily uses would be consistent with the character of existing development. 273251.1
Policy L4.2: Except for those single family residences that would not otherwise require a conditional use permit (CUP), development projects that cumulatively comprise over one acre of land on one or more parcels require a CUP unless a specific plan or master plan is approved for the proposed project.
The Project would construct single-family residences that would not otherwise require a conditional use permit.
Policy L4.3: Ensure that new development and the expansion of existing uses incorporate water conservation measures that reduce and minimize the impact on the City’s water supply and its ability to serve its customers.
The Project would construct new residential units incorporating water conservation measures as required by current building codes to minimize impacts on the City’s water supply.
Objective L17: Protecting views to and from hillside areas in order to maintain the image and identity of the City as a village of the foothills.
The Project would construct new homes away from the hillside to preserve the image and identity of the City as a village of the foothills.
Policy L17.1: Require the use of natural materials where allowed and earth tone colors for all structures to blend in with the natural landscape and natural chaparral vegetative growth.
The Project would use material and colors as approved by the City during design review to blend in with natural landscape and natural chaparral vegetative growth.
Policy L17.2: Require that all development be designed to reflect the contours of the existing landform using techniques such as split pads, detached secondary structures (such as garages), and avoiding the use of excessive cantilevers.
The Project makes use of the existing landform to create construction pads which minimize grading and construction of retaining walls. Proposed development is concentrated in the flatter portions of the Project site.
Policy L17.3: Require that all development preserves, to the maximum extent possible, significant features of the natural topography, including swales, canyons, knolls, ridge lines, and rock outcrops.
The Project maintains the significant natural topography by reducing hillside and grading impacts.
Policy L17.4: Require that fencing be designed of fire-retardant materials and that permanent fencing be minimized, and in no event placed in any area with slopes in excess of 25 percent.
Fencing would adhere to City building codes, avoiding flammable materials and slopes more than 25 percent.
Policy L17.5: Require that exterior lighting be directed away from adjacent properties and the night sky.
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The Project would not install outdoor lighting without proper shielding to eliminate light pollution.
Objective L18: Incorporating measures to promote sustainability in Hillside neighborhoods
The Project would construct nine homes with measures to reflect the latest energy efficient building codes. The steeper northern portion of the Project site would be designated as non-buildable, thus promoting sustainability.
Policy L18.1: Incorporate water conservation measures in the zoning development standards for new construction and substantial remodeling or building expansion, as it relates to green building construction, percentage of permeable ground surfaces, building floor area limitations, lot coverage, landscaping and irrigation, greywater requirements, rainwater capture, and design review.
Each residential lot would have a retention area, and the street would have a biofiltration system. This would reduce runoff and recharge ground water. The City planning division would review the tract map, landscape plans, and floorplans to ensure the incorporation of relevant conservation measures.
Policy L18.2: Consider a water impact fee to apply to new residential dwelling units and additions to existing development, to fund water fixture retrofits of existing homes and other water conservation measures.
The Project/Developer would pay applicable water impact fees as required by the City.
Policy L18.3: Conduct a historic resources survey to encourage retention of existing older homes.
A historic resources survey was completed and indicated no significant historical value to the existing homes that are planned for demolition; refer to Section 5.5, Cultural Resources, of the Revised Draft EIR.
Objective L46: Identifying and encouraging the preservation of significant historic resources.
A historic resource survey was completed and indicated no significant historic resources are on the Project site; refer to Section 5.5, Cultural Resources, of the Revised Draft EIR.
B. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;
This finding cannot be made because the improvement of the proposed subdivision is consistent with the following Goals, Objectives, and Policies of the City’s General Plan:
Goal 3: Ensure that development is done in harmony with its neighborhood and preserves and protects privacy and mountain views of neighboring properties. 273251.1
The Project would minimize grading on the hillside to retain the existing slope and vegetation in the northern portions of the Project site.
Objective L5: Preserving the existing grid street pattern which promotes community life.
The Project would construct proposed Street ‘A’ in a north/south direction with connection to East Grand View Avenue. No modifications to the existing grid are proposed.
Policy L5.1: Prohibit the use of cul‐de‐sacs and require through streets in new subdivisions except when no other access is physically feasible due to property ownership, parcel location or other physical factors.
The hillside in the northern portion of the Project site and adjacent private property makes the cul-de-sac layout the only feasible option.
Objective L15: Preserving the hillside through the application of standards and guidelines that direct and encourage development that is sensitive to the unique characteristics of the hillsides, which include, but are not limited to, slopes, land forms, vegetation, wildlife habitat and scenic quality; accordingly, innovation in the design of buildings and structures is encouraged in order to preserve hillside areas.
The Project proposes to preserve the hillside with minimal grading by concentrating housing closer to East Grand View Avenue. This would preserve slopes, land forms, vegetation, wildlife habitat and scenic quality.
Policy L15.1: In subdividing larger parcels, determine development density based on a calculation that uses slope as one of the primary factors, which means that the steeper the slope, the larger the minimum lot size.
Although the Project site’s density is governed by the Settlement Agreement and MOU, as described above, the two existing parcels would be subdivided into nine parcels. The steeper sloped portions of the Project site would form the largest lots.
Policy L15.2: Ensure that development in the hillside areas be located in those areas resulting in the least environmental impact.
The Project would construct the new residential pads closer to East Grand View Avenue and away from the non-buildable hillside.
Policy L15.3: Require that all access into hillside areas be designed for minimum disturbance to the natural features.
The Project would not increase hillside access significantly beyond current residential land uses at the Project site. The steeper northern portion of the Project site would be non-buildable.
Policy L15.4: Limit the use of irrigation systems in landscaping to comply with water conservation measures and provide for natural habitat and erosion control.
Landscaping would comply with water conservation measures as required by current building regulations. Natural habitat would be maintained in the non-buildable portion 273251.1
of the Project site and all lots would be required to implement site-specific drainage and erosion control design.
Policy L15.5: Consider the impact of development on wildlife.
The Project has been designed to dedicate the northern portion of the Project site as non-buildable. Additional measures would be required to protect wildlife as described in Section 5.4, Biological Resources, of the Revised Draft EIR.
Objective L16: Minimizing hazards in the hillside.
The Project minimizes hazards in the hillside by avoiding the construction of new homes on the steeper portions of the Project site.
Policy L16.1: Minimize the amount of grading and removal of natural vegetation.
The planned grading minimizes the removal of natural vegetation and limits grading by concentrating the proposed development to within the flatter and more disturbed portions of the Project site.
Policy L16.2: Require that home sites be planned, developed and designed to:
a. Eliminate fire hazards.
b. Prevent land instability.
c. Prevent exposure to geological and geotechnical hazards. d. Provide adequate drainage controls to prevent flooding and landslides. e. Prevent any other hazard or threat to the public health, safety, and welfare. f. Use the minimum amount of water possible for landscaping and interior uses.
Homes would be constructed to incorporate the most current fire and building codes.
This would reduce fire hazards; prevent landslides and erosion; reduce threats to the public; and use the minimum amount of water for landscaping.
Policy L16.3: Establish performance standards for public safety to address the upkeep and maintenance of sites under construction.
The Project would adhere to the City of Sierra Madre’s conditions of approval during the construction process.
Housing Goal 1.0: Maintain and enhance the quality of existing housing and ensure that new residential development is consistent with Sierra Madre’s small-town character.
The proposed nine detached homes would be consistent with the character of the residential area surrounding the Project site.
Housing Policy 1.1: Maintain sustainable neighborhoods with quality housing, infrastructure and open space that fosters neighborhood character and the health of residents.
The proposed Project would install stormwater infrastructure and retain an existing hillside to foster a sustainable character promoting good health of the residents. 273251.1
Housing Goal 2.0: Facilitate the provision of a range of housing types to meet community needs.
The detached single-family homes would offer new housing opportunities within the City and help the City obtain Regional Housing Needs Allocation goals.
Housing Policy 2.1: Encourage diversity in the type, size, price and tenure of residential development in Sierra Madre, while maintaining quality of life goals.
The proposed Project would construct nine homes where only four homes previously existed. This increase in desirable detached single-family homes maintains qualityof-life goals.
Housing Policy 2.2: Provide adequate housing sites through appropriate zoning and land use designations, consistent with Sierra Madre’s regional housing growth needs.
The Project builds low density housing in a Residential-Hillside area, consistent with the City’s General Plan and Regional Housing Needs Allocation goals.
Housing Goal 5.0: Promote environmental sustainability through support of existing and new development which minimizes reliance on natural resources.
Construction of the nine proposed homes would incorporate sustainable features in accordance with the building code, which would minimize reliance on natural resources.
Housing Policy 5.1: Implement the City’s Green Building Program to implement practices focused on reducing Sierra Madre’s greenhouse gas emissions and consumption of natural resources, including water resources.
The Project would align with the City’s Green Building Program, as implemented by the grading and building permit process, in the areas of greenhouse gas emission, natural resource consumption and water use.
Housing Policy 5.2: Promote the use of sustainable construction techniques and environmentally sensitive design for housing.
The Project’s construction techniques and design for housing would adhere to current building codes as required by the City.
Housing Policy 5.3: Promote the use of alternative energy sources such as solar energy, cogeneration, and nonfossil fuels.
The Project would follow the City building code with respect to solar energy, cogeneration, and non-fossil fuels.
Housing Policy 5.4: Incorporate transit and other transportation alternatives such as walking and bicycling into the design of new development.
The Project would maintain the existing transit and transportation alternative options available in the neighborhood. Sidewalks would be constructed along proposed Street ‘A’.
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C. That the site is not physically suitable for the type of development; This finding cannot be made because the site is physically suitable for residential development (Subdivision Map Act §§ 66474(c) and 66474(d)).
The Project’s development is on an approximately 9-acre site that is currently identified in the Sierra Madre General Plan as a site within the Residential Low Density – Hillside land use designation, zoned for Hillside Residential use, and is currently improved with residential uses. The Project site is surrounded by residential uses to the north, east, and west and is situated within existing utility infrastructure.
Access to the site is readily available from East Grand View Avenue and will be improved with a cul-de-sac providing access to each residential lot created by the Project.
D. That the site is not physically suitable for the proposed density of development;
This finding cannot be made because the project site is physically suitable for the proposed density of subdivision development.
Each residential lot in the Project is proposed with a maximum 6,500 square feet of building area resulting in a maximum potential floor-area-ratio not exceeding 0.15.
The area of development in the project occurs primarily within developed or highly disturbed and relatively low-sloped areas and preserves the northern hillside area of the project site, approximately 4 acres in land area.
E. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat;
The design of the subdivision does not cause substantial environmental damage or substantially and unavoidably injure to fish or wildlife or their habitat. All potential significant impacts arising from the development of the Project, including those related to biological resources, historical resources, noise, transportation, utilities, and tribal cultural resources will be mitigated below a level of significance, as stated in the Final EIR. No significant and unavoidable impacts will occur as a result of the proposed Project. Implementation of the Mitigation Monitoring and Reporting Program will ensure that any potential environmental impacts will be reduced to the maximum extent feasible.
F. That the design of the subdivision or the type of improvements is likely to cause serious public health problems;
This finding cannot be made because the design of the subdivision or type of improvements will not be detrimental to public health, safety, and welfare.
There are no segments of the Sierra Madre Fault that directly cross underneath the Project site and the potential for ground rupture impact is low. Each residential lot in the Project’s development will include biofiltration systems to capture stormwater offset by development, including the offset resulting from the cul-de-sac. Grading 273251.1
and other construction permits are required the implementation of a Stormwater Pollution Prevention Plan (SWPPP) detailing Best Management Practices (BMPs) to avoid erosion and sediment transfer impacts. All vertical construction developed in the Project will be required to comply with modern and current California Fire Codes including special standards required for construction within a Wildland Urban Interface or High Fire Hazard Severity Zone.
Compliance with these regulations during and after project construction will be enforced through building inspections by the City’s building inspectors. Compliance with the standards and regulations included in these conditions will ensure the project does not result in adverse impacts on the health, safety, and general welfare of the community.
G. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The governing body may approve a map if it finds that alternative easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
This finding cannot be made because the subdivision does not conflict with the easement for access through or use of property within the proposed subdivision.
There are no existing or proposed public access easements within the project site nor in conflict with the development of any improvements in the development of the subdivision.
SECTION 4. Mitigation Monitoring and Reporting Program. Pursuant to Public Resources Code Section 21002, the City Council approves a Mitigation Monitoring and Reporting Program, included within the Final Environmental Impact Report for the Ginkgo Stonehouse Residential Project.
SECTION 5. Housing Accountability Act. Pursuant to California Government Code Section 65589.5, subdivision (j), and whereas findings for approval of a Tentative Tract Map is consistent with this section of the California Government Code, the City Council finds that the proposed subdivision project will not have a significant, quantifiable, direct, and unavoidable impact upon the public health or safety. Thusly, grounds for disapproval of the Project may not be made upon this basis nor shall the Project be conditioned to require development at a lower density.
SECTION 6. Records of Proceeding. Pursuant to Public Resources Code Section 21081.6 and 14 CCR 15091(e), the City Clerk will serve as the custodian of record. The documents and materials that constitute the record of proceedings on which 273251.1
this Resolution has been based are located at 232 W. Sierra Madre Boulevard, Sierra Madre, California.
SECTION 7. Severability. If any sections, subsections, subdivisions, paragraph, sentence, clause or phrase of this Resolution or any part hereof or exhibit hereto is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Resolution or any part thereof or exhibit thereto. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraph, sentences, clauses or phrases be declared invalid.
SECTION 8. Effective Date. This Resolution shall take effect immediately upon adoption.
SECTION 9. Certification. The Sierra Madre City Clerk shall attest to the passage and adoption of this Resolution by the City Council and shall cause the same to be listed in the records of the City.
PURSUANT TO THE ABOVE, IT IS RESOLVED that the City Council hereby certifies the Final EIR, conditionally approve Tentative Tract Map 65348, subject to the attached conditions as provided in Exhibit A herein, and adopt the Mitigation Monitoring and Reporting Program as provided in the Final Environmental Impact Report prepared for the Project.
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PASSED, APPROVED AND ADOPTED on this 27th day of January 2026.
Kristine Lowe, Mayor
I HEREBY CERTIFY the foregoing Resolution was duly adopted by the City Council of the City of Sierra Madre, California, at a regular meeting held on this 27th day of January 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Laura Aguilar, City Clerk
273251.1
EXHIBIT A
TENTATIVE TRACT MAP 65348
Tentative Tract Map 65348 is approved subject to the following conditions:
GENERAL CONDITIONS OF APPROVAL:
1. The applicant shall comply with all applicable provisions of the Sierra Madre Municipal Code, including but not limited to those Chapters pertaining to Zoning, Building and Construction, Vehicles and Traffic, and Health and Safety, and including all such provisions which may be contained in Uniform Codes which have been incorporated by reference within the Sierra Madre Municipal Code.
2. The applicant shall comply with all applicable provisions of Federal, State and Los Angeles County law and regulations, including but not limited to the California Environmental Quality Act.
3. Execute and deliver to the City’s Department of Planning and Community Preservation an Affidavit of Acceptance of Conditions on a form to be provided by such Department; this approval shall not be effective for any purpose until the Applicant complies with this condition.
4. To the fullest extent permitted by law, fully protect the City, its employees, agents and officials from any loss, injury, damage, claim, lawsuit, expense, attorneys’ fees, litigation expenses, court costs or any other costs arising out of or in any way related to the issuance of this approval, or the activities conducted pursuant to this approval.
Accordingly, to the fullest extent permitted by law, the property owner shall defend, indemnify and hold harmless City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorneys’ fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of, arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, the issuance of this approval, or the activities conducted pursuant to this approval. Applicant shall pay such obligations as they are incurred by City, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably determines necessary to protect the City from exposure to fees, costs or liability with respect to such claim or lawsuit.
5. This tentative tract map shall expire twenty-four months following approval or conditional approval, unless an extension for a period or periods, not to exceed a total of twenty-four months is granted by the city council. Applicant may request an extension by written application to the Director of Planning and Community Preservation. Such application shall be filed at least thirty days before the tentative tract map is due to expire. Requests for all extensions shall be accompanied by a processing fee as 273251.1
prescribed by resolution of the city council and set forth in the fee schedule effective for the fiscal year the application for request is filed.
SPECIFIC CONDITIONS OF APPROVAL:
6. This project shall expire 24 months following approval, as provided by Sierra Madre Municipal Code Section §16.12.100.
7. The applicant may file for an extension of time, not to exceed 24 months, at least 30 days prior to expiration, in accordance with SMMC §16.12.100(B).
8. Construction a single-family dwelling on each lot created by Tentative Tract Map 65348 shall be subject to the approval of a Hillside Development Permit granted by the Planning Commission.
9. Prior to issuance of any permit to construct a building for the project, one or more geotechnical investigations shall be provided that cover each proposed structure.
10. The applicant, at the time of issuance of construction permits, agrees to develop the property in accordance with the adopted California Administrative Code, Title 24, in force at the time of permit application, including the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Fire Code, and California Green Building Standards Code.
11. The applicant shall comply with all inspection requirements as deemed necessary by the building official of the City of Sierra Madre.
12. The applicant shall comply with the Mitigation Monitoring and Reporting Program (“MMRP”) prepared for the Final Environmental Impact Report (FEIR).
13. All construction related activities associated with the project shall comply with the requirements of SMMC §9.32.040(C), related to construction noise.
14. Construction shall be limited to the hours set forth in SMMC §9.32.040(C):
Monday through Saturday: 7:00 a.m. to 7:00 p.m.
Sundays or Holidays, as defined: 10:00 a.m. to 6:00 p.m.
15. Prior to the issuance of any permit to construct a building for the project, the applicant shall submit final landscape, lighting, and irrigation plans in conformance with the Water Efficient Landscape Ordinance.
16. The applicant may elect to form a homeowner’s association (“HOA”). In the event the applicant elects to form an HOA, the applicant shall obtain approval from the Planning Commission upon the recommendation of the City Attorney for Covenants, Conditions, and Restrictions (“CC&R’s”) which will govern the newly formed HOA. Approved CC&R’s shall be recorded with the Los Angeles County Recorder’s office. 273251.1
17. Prior to issuance of any permits to construct a building, the applicant shall construct all grading and drainage facilities within the project site, obtain rough grade pad certifications, and a compaction report approved by the Director of Public Works.
18. Construction drawings shall be prepared and submitted to the City for plan review and building permit issuance. Submitted plans shall show all architectural, accessibility, structural, mechanical, plumbing, and electrical work that will be a part of the project.
19. All construction drawings shall be prepared by qualified and licensed design professionals (California licensed architects and engineers).
20. Specific drainage requirements for the site will be established upon the submittal of any permit application to construct a building. Prior to the issuance of such a permit, the applicant shall submit a precise grading plan.
21. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Applicant shall provide a hydrology study to determine the increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. The increased stormwater runoff to retain on-site shall be determined by comparing the existing “predeveloped” condition and proposed “developed” condition, using the 50-year frequency storm.
22. The applicant shall submit a final map, prepared by a California registered Land Surveyor or qualified Civil Engineer, to the Public Works Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted to the Public Works Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of any permit to construct a building.
23. The applicant shall submit street improvement plans by a registered California civil engineer to the Public Works Division for review. The plans shall be approved by the City prior to recordation of the Final Map.
24. The applicant shall submit street light improvement plans by a registered California civil engineer to the Public Works Division for review. The plans shall be approved by the City prior to recordation of the Final Map.
25. The applicant shall submit traffic and signage improvement plans by a registered California civil engineer to the Public Works Division for review. The plans shall be approved by the City prior to recordation of the Final Map. 273251.1
26. This project will disturb one acre or more of land. Therefore, the applicant must obtain coverage under a statewide General Construction Activities Stormwater Permit (General Permit). In accordance with the General Permit, the applicant shall file with the State a Notice of Intent (NOI) for the proposed project. Prior to issuance of grading permit by the City, the applicant shall have approved by the City Engineer a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP shall include a copy of the NOI and shall reference the corresponding Waste Discharge Identification (WDID) number issued by the State upon receipt of the NOI.
27. This project is a development planning priority project under the City’s NPDES Municipal Stormwater Permit as a development with equal to one acre or greater of disturbed area that adds more than 10,000 square feet of impervious surface area. Prior to issuance of grading permit, the applicant shall have approved by the City Engineer, an Urban Stormwater Mitigation Plan (USMP) that incorporates appropriate post construction Best Management Practices (BMPs), maximizes pervious surfaces, and includes infiltration into the design of the project.
28. The on-site sewer and water systems shall be privately maintained. Water and sewer area studies shall be reviewed and approved by the City of Sierra Madre prior to the issuance of any permit to construct a building.
29. The applicant shall submit sewer and water improvement plans by a registered California Civil Engineer to the Public Works division for review. The plans shall be approved prior to the recordation of the Final Map.
30. Prior to, or concurrent with, the recordation of a final map for the project, the applicant shall dedicate all necessary sewer and water easements to the City of Sierra Madre.
31. All proposed public streets and sidewalks shall be constructed to the satisfaction of the Director of Public Works.
32. Fire apparatus access roads must be installed and maintained in accordance with applicable requirements of the California Fire Code.
33. All required public fire hydrants shall be installed, tested, and accepted prior to substantial delivery of combustible materials.
34. Prior to the issuance of any permit to construct a building, the applicant shall submit a fuel modification plan to the City of Sierra Madre for review and approval. The scope of the fuel modification plan shall be the entire project site. 428502.1
RESOLUTION NO. 25-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SIERRA MADRE, CALIFORNIA, RECOMMENDING THE CITY COUNCIL CONDITIONALLY APPROVE TENTATIVE TRACT MAP 65348, CERTIFY
AN ENVIRONMENTAL IMPACT REPORT WITH A MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE GINKGO
STONEHOUSE RESIDENTIAL PROJECT LOCATED AT 935 AND 965
EAST GRAND VIEW AVENUE IN THE CITY OF SIERRA MADRE
RECITALS
WHEREAS, The Ginkgo Stonehouse, LLC (“Applicant”) owns the property located at 935 and 965 East Grand View Avenue, Sierra Madre, California 91024, Assessor’s Identification No. 5764-001-017 and 5764-001-018, consisting of approximately 9.06 acres (“Property”);
WHEREAS, the Applicant has submitted a vesting tentative tract map application to develop the Property with nine single-family detached residential lots and a cul-desac driveway as fire access road connecting to East Grand View Avenue (“Project”); WHEREAS, the Project is commonly referred to as “The Ginkgo Stonehouse Residential Project”;
WHEREAS, as lead agency, the City is required to certify an environmental impact report (“EIR”) and approve a mitigation monitoring and reporting program (“Mitigation Monitoring and Reporting Program”);
WHEREAS, pursuant to 14 CCR § 15202, the Planning Commission held a properly noticed public hearing on December 18, 2025, to consider the Project, the EIR, and related Project entitlements; and
WHEREAS, pursuant to 14 CCR § 15090, the final EIR must be certified before the Project is approved; and
WHEREAS, the Planning Commission must provide a recommendation that the City Council approve, conditionally approve, or disapprove the Project; and WHEREAS, the City provided notice of the public hearings listed above pursuant to Government Code Sections 65090, 65091, and 65094, including publication in the Mountain Views News on December 6, 2025, posting at City of Sierra Madre City Hall and public Library, and mailings to the Applicant, affected local agencies, and every residence within the City’s boundaries on December 3, 2025. 428502.1
THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SIERRA MADRE, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The Recitals above are true and correct and incorporated herein by reference.
SECTION 2. EIR. Pursuant to 14 CCR 15090, the Planning Commission recommends the City Council certify the EIR for the Ginkgo Stonehouse Residential Project located at 935 and 965 East Grand View Avenue, Sierra Madre, because:
a. The Final EIR has been completed in compliance with CEQA and the State CEQA Guidelines promulgated thereunder in effect on November 20, 2025, the date the Amended Final EIR was made available for public review (Cal. Code Regs., tit. 14, § 15007, subd. (c).);
b. The Final EIR will be presented to the City Council and the City Council reviewed and considered the information contained in the Final EIR prior to approving the Project;
c. The Final EIR reflects the City’s independent judgment and analysis.
Pursuant to Public Resources Code Section 21002 and CEQA Guidelines (14 CCR §§ 15000 et seq.) requiring that an EIR identify the significant effects of a project on the environment and provide measures or alternatives that can mitigate or avoid these effects., the Planning Commission further finds that, based on all of the evidence presented, including but not limited to the EIR, written and oral testimony given at meetings and hearings, and the submission of testimony from the public, organizations and regulatory agencies, the environmental impacts associated with the Project are either less than significant and do not require mitigation, or are potentially significant but will be avoided or reduced to a level of insignificance through the identified Mitigation Measures. The mitigation measures incorporated into the project via the Mitigation Monitoring and Reporting Program (MMRP) will reduce any potentially significant environmental impacts to these other resource areas to levels that are less-thansignificant. The applicant is required to complete and implement these mitigation measures via the MMRP as a condition of approval of this project.
The Planning Commission further finds that no evidence of a new significant impact, or any new information of “substantial importance” as defined by State CEQA Guidelines, section 15088.5, has been received by the City after circulation of the Draft EIR that would require recirculation of the EIR.
SECTION 3.1. Findings for approval of a tentative tract map. Pursuant to Government Code Section 66474 and Sierra Madre Municipal Code Section 16.12.080, any action taken by the City Council shall be supported by the findings required in Sections 66473.5, 66474, and 66474.6 of the California Government Code and Section 21100 of the California Public Resources Code.
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SECTION 3.2. Government Code Section 66473.5 requires a proposed subdivision shall be consistent with a general plan or a specific plan only if the local agency has officially adopted such a plan and the proposed subdivision or land use is compatible with the objectives, policies, general land uses, and programs specified in such a plan. The proposed map is consistent with the City’s General Plan as described further in Section 3.4.
SECTION 3.3. Pursuant to California Government Code Section 66474.6, the proposed subdivision causes no violation of existing requirements prescribed by a California regional water quality control board pursuant to Division 7 (commencing with Section 13000) of the Water Code, thus disapproval of the proposal may not be found on this basis.
SECTION 3.4. Pursuant to Sierra Madre Municipal Code and California Government Code Section 66474, the tentative tract map or parcel map shall be denied if any of the following findings are made by the Planning Commission:
A. That the proposed map is not consistent with applicable general and specific plans;
This finding cannot be made because the proposed map is consistent with the City’s General Plan as found through a surviving Settlement Agreement between the City and CS Stonehouse, LLC wherein the applicant retains vested rights to develop the subject property with standards consistent with the R-1 One-family Residential Zone in which the subject property was located at the time the applicant’s vesting tentative map application was deemed complete. Furthermore, an environmental impact report has been prepared consistent with CEQA Guidelines and the following General Plan Goals, Objectives and Policies:
Goal 2: Preserve and enhance the diversity in the character of residential neighborhoods ensuring that new development is compatible in its design and scale with older established development in the surrounding neighborhood without attempting to replicate or mass produce a style of development.
The Project would develop nine single-family lots, consistent with the design and scale of the surrounding development.
Goal 4: Ensure that development is done to maximize water conservation practices to reduce and minimize the impact on the City’s local water supply and the ability to serve its water customers.
Stormwater would be treated to support recharge of local groundwater. The Project would connect to the existing water main under East Grand View Avenue, which currently supplies the four existing homes on the Project site.
Goal 5: Institute conservation measures so that the demand for water matches the City’s local supply.
The new residential buildings would be constructed with water saving measures as stipulated in the building code.
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Goal 8: Preserve existing and provide additional constructed and natural open space.
The Project would construct new residential buildings in the same general area as existing residential buildings. The northern portion of the Project site would be restricted from development.
Goal 9: Preserve the hillside areas in order to protect the environment and mountain views, obtain a balance between developed areas and the hillside wilderness, and establish the role of the hillside as an entry point into wildland areas.
The tentative tract map does not show significant grading in the northern hillside portion of the Project site, which would be restricted from development.
Objective L1: Continuing the existing patterns of residential housing development.
The proposed Project replaces four single-family residential buildings, two sheds, and two gazebos with nine single-family residential lots. The Project would be consistent with the existing residential patterns of the area.
Policy L1.1: Maintain areas of the City for single‐family residences on varying lot sizes through the review and update of appropriate development standards.
The Project offers lots of varying sizes for single-family residences.
Policy L1.6: Require that new residential development, substantial remodeling and additions comply with all adopted water conservation measures that reduce and minimize the impact on the City’s water supply and its ability to serve its water customers.
The Project would conform to all adopted water conservation measures to reduce and minimize the impact on the City’s water supply.
Objective L4: Mitigating the impacts of new development on the City’s open space, trees, infrastructure, water, transit services, the character of existing development, and other public needs.
The Project’s residents would use City infrastructure in a similar demand to current single-family residential homes in the area.
Policy L4.1: Ensure that the expansion of existing uses is reflective of and complements the overall pattern of development, without changing the character of existing development.
The Project has been designed to concentrate development of the proposed nine homes generally in the same location as the existing homes. Lot sizes and singlefamily uses would be consistent with the character of existing development.
Policy L4.2: Except for those single family residences that would not otherwise require a conditional use permit (CUP), development projects that cumulatively comprise over one acre of land on one or more parcels require a CUP unless a specific plan or master plan is approved for the proposed project. 428502.1
The Project would construct single-family residences that would not otherwise require a conditional use permit.
Policy L4.3: Ensure that new development and the expansion of existing uses incorporate water conservation measures that reduce and minimize the impact on the City’s water supply and its ability to serve its customers.
The Project would construct new residential units incorporating water conservation measures as required by current building codes to minimize impacts on the City’s water supply.
Objective L17: Protecting views to and from hillside areas in order to maintain the image and identity of the City as a village of the foothills.
The Project would construct new homes away from the hillside to preserve the image and identity of the City as a village of the foothills.
Policy L17.1: Require the use of natural materials where allowed and earth tone colors for all structures to blend in with the natural landscape and natural chaparral vegetative growth.
The Project would use material and colors as approved by the City during design review to blend in with natural landscape and natural chaparral vegetative growth.
Policy L17.2: Require that all development be designed to reflect the contours of the existing landform using techniques such as split pads, detached secondary structures (such as garages), and avoiding the use of excessive cantilevers.
The Project makes use of the existing landform to create construction pads which minimize grading and construction of retaining walls. Proposed development is concentrated in the flatter portions of the Project site.
Policy L17.3: Require that all development preserves, to the maximum extent possible, significant features of the natural topography, including swales, canyons, knolls, ridge lines, and rock outcrops.
The Project maintains the significant natural topography by reducing hillside and grading impacts.
Policy L17.4: Require that fencing be designed of fire-retardant materials and that permanent fencing be minimized, and in no event placed in any area with slopes in excess of 25 percent.
Fencing would adhere to City building codes, avoiding flammable materials and slopes more than 25 percent.
Policy L17.5: Require that exterior lighting be directed away from adjacent properties and the night sky.
The Project would not install outdoor lighting without proper shielding to eliminate light pollution.
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Objective L18: Incorporating measures to promote sustainability in Hillside neighborhoods
The Project would construct nine homes with measures to reflect the latest energy efficient building codes. The steeper northern portion of the Project site would be designated as non-buildable, thus promoting sustainability.
Policy L18.1: Incorporate water conservation measures in the zoning development standards for new construction and substantial remodeling or building expansion, as it relates to green building construction, percentage of permeable ground surfaces, building floor area limitations, lot coverage, landscaping and irrigation, greywater requirements, rainwater capture, and design review.
Each residential lot would have a retention area, and the street would have a biofiltration system. This would reduce runoff and recharge ground water. The City planning division would review the tract map, landscape plans, and floorplans to ensure the incorporation of relevant conservation measures.
Policy L18.2: Consider a water impact fee to apply to new residential dwelling units and additions to existing development, to fund water fixture retrofits of existing homes and other water conservation measures.
The Project/Developer would pay applicable water impact fees as required by the City.
Policy L18.3: Conduct a historic resources survey to encourage retention of existing older homes.
A historic resources survey was completed and indicated no significant historical value to the existing homes that are planned for demolition; refer to Section 5.5, Cultural Resources, of the Revised Draft EIR.
Objective L46: Identifying and encouraging the preservation of significant historic resources.
A historic resource survey was completed and indicated no significant historic resources are on the Project site; refer to Section 5.5, Cultural Resources, of the Revised Draft EIR.
B. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;
This finding cannot be made because the improvement of the proposed subdivision is consistent with the following Goals, Objectives, and Policies of the City’s General Plan:
Goal 3: Ensure that development is done in harmony with its neighborhood and preserves and protects privacy and mountain views of neighboring properties.
The Project would minimize grading on the hillside to retain the existing slope and vegetation in the northern portions of the Project site. 428502.1
Objective L5: Preserving the existing grid street pattern which promotes community life.
The Project would construct proposed Street ‘A’ in a north/south direction with connection to East Grand View Avenue. No modifications to the existing grid are proposed.
Policy L5.1: Prohibit the use of cul‐de‐sacs and require through streets in new subdivisions except when no other access is physically feasible due to property ownership, parcel location or other physical factors.
The hillside in the northern portion of the Project site and adjacent private property makes the cul-de-sac layout the only feasible option.
Objective L15: Preserving the hillside through the application of standards and guidelines that direct and encourage development that is sensitive to the unique characteristics of the hillsides, which include, but are not limited to, slopes, land forms, vegetation, wildlife habitat and scenic quality; accordingly, innovation in the design of buildings and structures is encouraged in order to preserve hillside areas.
The Project proposes to preserve the hillside with minimal grading by concentrating housing closer to East Grand View Avenue. This would preserve slopes, land forms, vegetation, wildlife habitat and scenic quality.
Policy L15.1: In subdividing larger parcels, determine development density based on a calculation that uses slope as one of the primary factors, which means that the steeper the slope, the larger the minimum lot size.
Although the Project site’s density is governed by the Settlement Agreement and MOU, as described above, the two existing parcels would be subdivided into nine parcels. The steeper sloped portions of the Project site would form the largest lots.
Policy L15.2: Ensure that development in the hillside areas be located in those areas resulting in the least environmental impact.
The Project would construct the new residential pads closer to East Grand View Avenue and away from the non-buildable hillside.
Policy L15.3: Require that all access into hillside areas be designed for minimum disturbance to the natural features.
The Project would not increase hillside access significantly beyond current residential land uses at the Project site. The steeper northern portion of the Project site would be non-buildable.
Policy L15.4: Limit the use of irrigation systems in landscaping to comply with water conservation measures and provide for natural habitat and erosion control.
Landscaping would comply with water conservation measures as required by current building regulations. Natural habitat would be maintained in the non-buildable portion of the Project site and all lots would be required to implement site-specific drainage and erosion control design.
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Policy L15.5: Consider the impact of development on wildlife.
The Project has been designed to dedicate the northern portion of the Project site as non-buildable. Additional measures would be required to protect wildlife as described in Section 5.4, Biological Resources, of the Revised Draft EIR.
Objective L16: Minimizing hazards in the hillside.
The Project minimizes hazards in the hillside by avoiding the construction of new homes on the steeper portions of the Project site.
Policy L16.1: Minimize the amount of grading and removal of natural vegetation.
The planned grading minimizes the removal of natural vegetation and limits grading by concentrating the proposed development to within the flatter and more disturbed portions of the Project site.
Policy L16.2: Require that home sites be planned, developed and designed to:
a. Eliminate fire hazards.
b. Prevent land instability.
c. Prevent exposure to geological and geotechnical hazards. d. Provide adequate drainage controls to prevent flooding and landslides. e. Prevent any other hazard or threat to the public health, safety, and welfare. f. Use the minimum amount of water possible for landscaping and interior uses.
Homes would be constructed to incorporate the most current fire and building codes.
This would reduce fire hazards; prevent landslides and erosion; reduce threats to the public; and use the minimum amount of water for landscaping.
Policy L16.3: Establish performance standards for public safety to address the upkeep and maintenance of sites under construction.
The Project would adhere to the City of Sierra Madre’s conditions of approval during the construction process.
Housing Goal 1.0: Maintain and enhance the quality of existing housing and ensure that new residential development is consistent with Sierra Madre’s small-town character.
The proposed nine detached homes would be consistent with the character of the residential area surrounding the Project site.
Housing Policy 1.1: Maintain sustainable neighborhoods with quality housing, infrastructure and open space that fosters neighborhood character and the health of residents.
The proposed Project would install stormwater infrastructure and retain an existing hillside to foster a sustainable character promoting good health of the residents.
Housing Goal 2.0: Facilitate the provision of a range of housing types to meet community needs.
The detached single-family homes would offer new housing opportunities within the City and help the City obtain Regional Housing Needs Allocation goals. 428502.1
Housing Policy 2.1: Encourage diversity in the type, size, price and tenure of residential development in Sierra Madre, while maintaining quality of life goals.
The proposed Project would construct nine homes where only four homes previously existed. This increase in desirable detached single-family homes maintains qualityof-life goals.
Housing Policy 2.2: Provide adequate housing sites through appropriate zoning and land use designations, consistent with Sierra Madre’s regional housing growth needs.
The Project builds low density housing in a Residential-Hillside area, consistent with the City’s General Plan and Regional Housing Needs Allocation goals.
Housing Goal 5.0: Promote environmental sustainability through support of existing and new development which minimizes reliance on natural resources.
Construction of the nine proposed homes would incorporate sustainable features in accordance with the building code, which would minimize reliance on natural resources.
Housing Policy 5.1: Implement the City’s Green Building Program to implement practices focused on reducing Sierra Madre’s greenhouse gas emissions and consumption of natural resources, including water resources.
The Project would align with the City’s Green Building Program, as implemented by the grading and building permit process, in the areas of greenhouse gas emission, natural resource consumption and water use.
Housing Policy 5.2: Promote the use of sustainable construction techniques and environmentally sensitive design for housing.
The Project’s construction techniques and design for housing would adhere to current building codes as required by the City.
Housing Policy 5.3: Promote the use of alternative energy sources such as solar energy, cogeneration, and nonfossil fuels.
The Project would follow the City building code with respect to solar energy, cogeneration, and non-fossil fuels.
Housing Policy 5.4: Incorporate transit and other transportation alternatives such as walking and bicycling into the design of new development.
The Project would maintain the existing transit and transportation alternative options available in the neighborhood. Sidewalks would be constructed along proposed Street ‘A’.
C. That the site is not physically suitable for the type of development; This finding cannot be made because the site is physically suitable for residential development (Subdivision Map Act §§ 66474(c) and 66474(d)). 428502.1
The Project’s development is on an approximately 9-acre site that is currently identified in the Sierra Madre General Plan as a site within the Residential Low Density – Hillside land use designation, zoned for Hillside Residential use, and is currently improved with residential uses. The Project site is surrounded by residential uses to the north, east, and west and is situated within existing utility infrastructure.
Access to the site is readily available from East Grand View Avenue and will be improved with a cul-de-sac providing access to each residential lot created by the Project.
D. That the site is not physically suitable for the proposed density of development;
This finding cannot be made because the project site is physically suitable for the proposed density of subdivision development.
Each residential lot in the Project is proposed with a maximum 6,500 square feet of building area resulting in a maximum potential floor-area-ratio not exceeding 0.15.
The area of development in the project occurs primarily within developed or highly disturbed and relatively low-sloped areas and preserves the northern hillside area of the project site, approximately 4 acres in land area.
E. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat;
The design of the subdivision does not cause substantial environmental damage or substantially and unavoidably injure to fish or wildlife or their habitat. All potential significant impacts arising from the development of the Project, including those related to biological resources, historical resources, noise, transportation, utilities, and tribal cultural resources will be mitigated below a level of significance, as stated in the Final EIR. No significant and unavoidable impacts will occur as a result of the proposed Project. Implementation of the Mitigation Monitoring and Reporting Program will ensure that any potential environmental impacts will be reduced to the maximum extent feasible.
F. That the design of the subdivision or the type of improvements is likely to cause serious public health problems;
This finding cannot be made because the design of the subdivision or type of improvements will not be detrimental to public health, safety, and welfare.
There are no segments of the Sierra Madre Fault that directly cross underneath the Project site and the potential for ground rupture impact is low. Each residential lot in the Project’s development will include biofiltration systems to capture stormwater offset by development, including the offset resulting from the cul-de-sac. Grading and other construction permits are required the implementation of a Stormwater Pollution Prevention Plan (SWPPP) detailing Best Management Practices (BMPs) to avoid erosion and sediment transfer impacts. All vertical construction developed in the Project will be required to comply with modern and current California Fire Codes 428502.1
including special standards required for construction within a Wildland Urban Interface or High Fire Hazard Severity Zone.
Compliance with these regulations during and after project construction will be enforced through building inspections by the City’s building inspectors. Compliance with the standards and regulations included in these conditions will ensure the project does not result in adverse impacts on the health, safety, and general welfare of the community.
G. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The governing body may approve a map if it finds that alternative easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
This finding cannot be made because the subdivision does not conflict with the easement for access through or use of property within the proposed subdivision.
There are no existing or proposed public access easements within the project site nor in conflict with the development of any improvements in the development of the subdivision.
SECTION 4. Mitigation Monitoring and Reporting Program. Pursuant to Public Resources Code Section 21002, Planning Commission recommends the City Council approve a Mitigation Monitoring and Reporting Program, included in the Final Environmental Impact Report for the Ginkgo Stonehouse Residential Project.
SECTION 5. Housing Accountability Act. Pursuant to California Government Code Section 65589.5, subdivision (j), and whereas findings for approval of a Tentative Tract Map is consistent with this section of the California Government Code, the Planning Commission recommends that the City Council finds that the proposed subdivision project will not have a significant, quantifiable, direct, and unavoidable impact upon the public health or safety. Thusly, grounds for disapproval of the Project may not be made upon this basis nor shall the Project be conditioned to require development at a lower density.
SECTION 6. Records of Proceeding. Pursuant to Public Resources Code Section 21081.6 and 14 CCR 15091(e), the City Clerk will serve as the custodian of record. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at 232 W. Sierra Madre Boulevard, Sierra Madre, California.
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SECTION 7. Severability. If any sections, subsections, subdivisions, paragraph, sentence, clause or phrase of this Resolution or any part hereof or exhibit hereto is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Resolution or any part thereof or exhibit thereto. The Planning Commission hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraph, sentences, clauses or phrases be declared invalid.
SECTION 8. Certification. The Director of Planning and Community Preservation shall attest to the passage and adoption of this Resolution by the Planning Commission and shall cause the same to be listed in the records of the City.
PURSUANT TO THE ABOVE, IT IS RESOLVED that the Planning Commission recommends that the City Council certify the Final EIR, conditionally approve Tentative Tract Map 65348, subject to the attached conditions as provided in Exhibit A herein, and adopt the Mitigation Monitoring and Reporting Program as provided in the Final Environmental Impact Report prepared for the Project.
PASSED, APPROVED AND ADOPTED on this 18th day of December 2025.
Thomas Denison, Chair
Sierra Madre Planning Commission
I HEREBY CERTIFY the foregoing Resolution was duly adopted by the Planning Commission of the City of Sierra Madre, California, at a regular meeting held on the 18th day of December 2025, by the following vote:
AYES: Chair Thomas Denison, Vice-Chair Patrick Simcock, Commissioner Kevin Brennan, Commissioner Christine Moran, and Commissioner Yong Yoo
NOES: None.
ABSENT: None.
ABSTAINED: None.
Clare Lin, Director
Planning & Community Preservation Department
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EXHIBIT A
TENTATIVE TRACT MAP 65348
Tentative Tract Map 65348 is approved subject to the following conditions:
GENERAL CONDITIONS OF APPROVAL:
1. The applicant shall comply with all applicable provisions of the Sierra Madre Municipal Code, including but not limited to those Chapters pertaining to Zoning, Building and Construction, Vehicles and Traffic, and Health and Safety, and including all such provisions which may be contained in Uniform Codes which have been incorporated by reference within the Sierra Madre Municipal Code.
2. The applicant shall comply with all applicable provisions of Federal, State and Los Angeles County law and regulations, including but not limited to the California Environmental Quality Act.
3. Execute and deliver to the City’s Department of Planning and Community Preservation an Affidavit of Acceptance of Conditions on a form to be provided by such Department; this approval shall not be effective for any purpose until the Applicant complies with this condition.
4. To the fullest extent permitted by law, fully protect the City, its employees, agents and officials from any loss, injury, damage, claim, lawsuit, expense, attorneys’ fees, litigation expenses, court costs or any other costs arising out of or in any way related to the issuance of this approval, or the activities conducted pursuant to this approval.
Accordingly, to the fullest extent permitted by law, the property owner shall defend, indemnify and hold harmless City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorneys’ fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of, arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, the issuance of this approval, or the activities conducted pursuant to this approval. Applicant shall pay such obligations as they are incurred by City, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably determines necessary to protect the City from exposure to fees, costs or liability with respect to such claim or lawsuit.
5. This tentative tract map shall expire twenty-four months following approval or conditional approval, unless an extension for a period or periods, not to exceed a total of twenty-four months is granted by the city council. Applicant may request an extension by written application to the Director of Planning and Community Preservation. Such application shall be filed at least thirty days before the tentative tract map is due to expire. Requests for all extensions shall be accompanied by a processing fee as
EXHIBIT A
2 428502.1
prescribed by resolution of the city council and set forth in the fee schedule effective for the fiscal year the application for request is filed.
SPECIFIC CONDITIONS OF APPROVAL:
6. The design of the subdivision shall be modified to be in substantial conformance with Proposed Project, as provided in the Project’s Environmental Impact Report.
7. This project shall expire 24 months following approval, as provided by Sierra Madre Municipal Code Section §16.12.100.
8. The applicant may file for an extension of time, not to exceed 24 months, at least 30 days prior to expiration, in accordance with SMMC §16.12.100(B).
9. Construction a single-family dwelling on each lot created by Tentative Tract Map 65348 shall be subject to the approval of a Hillside Development Permit granted by the Planning Commission.
10. Prior to issuance of any permit to construct a building for the project, one or more geotechnical investigations shall be provided that cover all proposed structures.
11. The applicant, at the time of issuance of construction permits, agrees to develop the property in accordance with the adopted California Administrative Code, Title 24, in force at the time of permit application, including the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Fire Code, and California Green Building Standards Code.
12. The applicant shall comply with all inspection requirements as deemed necessary by the building official of the City of Sierra Madre.
13. The applicant shall comply with the Mitigation Monitoring and Reporting Program (“MMRP”) prepared for the Final Environmental Impact Report (FEIR).
14. All construction related activities associated with the project shall comply with the requirements of SMMC §9.32.040(C), related to construction noise.
15. Construction shall be limited to the hours set forth in SMMC §9.32.040(C):
• Monday through Saturday: 7:00 a.m. to 7:00 p.m.
• Sundays or Holidays, as defined: 10:00 a.m. to 6:00 p.m.
16. Prior to the issuance of any permit to construct a building for the project, the applicant shall submit final landscape, lighting, and irrigation plans in conformance with the Water Efficient Landscape Ordinance.
17. The applicant may elect to form a homeowner’s association (“HOA”). In the event the applicant elects to form an HOA, the applicant shall obtain approval from the Planning Commission upon the recommendation of the City Attorney for Covenants, Conditions,
EXHIBIT A
3 428502.1
and Restrictions (“CC&R’s”) which will govern the newly formed HOA. Approved CC&R’s shall be recorded with the Los Angeles County Recorder’s office.
18. Prior to issuance of any permits to construct a building, the applicant shall construct all grading and drainage facilities within the project site, obtain rough grade pad certifications, and a compaction report approved by the Director of Public Works.
19. Construction drawings shall be prepared and submitted to the City for plan review and building permit issuance. Submitted plans shall show all architectural, accessibility, structural, mechanical, plumbing, and electrical work that will be a part of the project.
20. All construction drawings shall be prepared by qualified and licensed design professionals (California licensed architects and engineers).
21. Specific drainage requirements for the site will be established upon the submittal of any permit application to construct a building. Prior to the issuance of such a permit, the applicant shall submit a precise grading plan.
22. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Applicant shall provide a hydrology study to determine the increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. The increased stormwater runoff to retain on-site shall be determined by comparing the existing “predeveloped” condition and proposed “developed” condition, using the 50-year frequency storm.
23. The applicant shall submit a final map, prepared by a California registered Land Surveyor or qualified Civil Engineer, to the Public Works Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted to the Public Works Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of any permit to construct a building.
24. The applicant shall submit street improvement plans by a registered California civil engineer to the Public Works Division for review. The plans shall be approved by the City prior to recordation of the Final Map.
25. The applicant shall submit street light improvement plans by a registered California civil engineer to the Public Works Division for review. The plans shall be approved by the City prior to recordation of the Final Map.
EXHIBIT A
4 428502.1
26. The applicant shall submit traffic and signage improvement plans by a registered California civil engineer to the Public Works Division for review. The plans shall be approved by the City prior to recordation of the Final Map.
27. This project will disturb one acre or more of land. Therefore, the applicant must obtain coverage under a statewide General Construction Activities Stormwater Permit (General Permit). In accordance with the General Permit, the applicant shall file with the State a Notice of Intent (NOI) for the proposed project. Prior to issuance of grading permit by the City, the applicant shall have approved by the City Engineer a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP shall include a copy of the NOI and shall reference the corresponding Waste Discharge Identification (WDID) number issued by the State upon receipt of the NOI.
28. This project is a development planning priority project under the City’s NPDES Municipal Stormwater Permit as a development with equal to one acre or greater of disturbed area that adds more than 10,000 square feet of impervious surface area. Prior to issuance of grading permit, the applicant shall have approved by the City Engineer, an Urban Stormwater Mitigation Plan (USMP) that incorporates appropriate post construction Best Management Practices (BMPs), maximizes pervious surfaces, and includes infiltration into the design of the project.
29. The on-site sewer and water systems shall be privately maintained. Water and sewer area studies shall be reviewed and approved by the City of Sierra Madre prior to the issuance of any permit to construct a building.
30. The applicant shall submit sewer and water improvement plans by a registered California Civil Engineer to the Public Works division for review. The plans shall be approved prior to the recordation of the Final Map.
31. Prior to, or concurrent with, the recordation of a final map for the project, the applicant shall dedicate all necessary sewer and water easements to the City of Sierra Madre.
32. All proposed public streets and sidewalks shall be constructed to the satisfaction of the Director of Public Works.
33. Fire apparatus access roads must be installed and maintained in accordance with applicable requirements of the California Fire Code.
34. All required public fire hydrants shall be installed, tested, and accepted prior to substantial delivery of combustible materials.
35. Prior to the issuance of any permit to construct a building, the applicant shall submit a fuel modification plan to the City of Sierra Madre for review and approval. The scope of the fuel modification plan shall be the entire project site.
Attachment 3
Final Environmental Impact Report, Response to Comments, Errata, and Mitigation Monitoring and Reporting Program
The Ginkgo Stonehouse Residential Project
Accessible at the following link:
https://www.cityofsierramadre.com/Ginkgo
Revised December 2025
Attachment 4
Revised Draft Environmental Impact Report
and Technical Appendices
The Ginkgo Stonehouse Residential Project
Accessible at the following links:
https://www.cityofsierramadre.com/Ginkgo
Revised December 2025
Attachment 5
GINKGO STONEHOUSE RESIDENTIAL PROJECT
Environmental Impact Report
Figure 6-1
Alterna ve 2
Source: Advanced Civil Group; January 30, 2025.
Attachment 6
CITY OF
SIERRA MADRE CITY COUNCIL
REGULAR MEETING MINUTES
Mayor Kristine Lowe| Mayor Pro Tem Gene Goss
Council Member Edward Garcia | Council Member Kelly | Council Member Robert Parkhurst Tuesday, January 13, 2026, 5:30 P.M.
City Council Chambers, 232 W. Sierra Madre Blvd.
AMERICANS WITH DISABILITIES ACT
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (626) 355-7135. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.
PUBLIC COMMENT & ACCESS
The Brown Act provides the public with an opportunity to make public comments at any public meeting. As an alternative, public comment may be submitted by e-mail to [email protected] by 3:00PM on the day of the meeting. Emails will be acknowledged at the City Council meeting, filed into public record, and scanned onto the City website for public review.
A copy of the posted agenda and a live video stream of the meeting can be found on the City’s website at sierramadreca.gov , on Foothills Media website at foothillsmedia.org/sierramadre, and broadcast on Government Access Channel 3 (Spectrum).
If you require special assistance to participate in this meeting, please contact the City Clerk’s Office at (626) 355-7135 at least 48 hours prior to the meeting.
CODE OF CONDUCT
The purpose of a City Council meeting is to conduct City business. Members of the public that behave in a manner that interrupts or obstructs the City Council’s ability to conduct City business may be asked to leave the meeting. Any and all demonstrations which disrupt, interrupt, or obstruct the City Council’s ability to conduct City business are prohibited. No signs, posters, or other large objects shall be brought into the Council Chambers or other meeting place if doing so would disrupt, disturb, or otherwise impede the orderly course of the meeting.
1. CALL TO ORDER
Mayor Lowe called the meeting to order at 5:32 pm.
2. PLEDGE OF ALLEGIANCE AND INSPIRATION
Mayor Kristine Lowe led the audience in the Pledge of Allegiance. Afterwards she spoke about coming together as a community to be involved and volunteer to serve our city.
3. ROLL CALL OF CITY COUNCIL MEMBERS
City Clerk Aguilar called the roll:
Kristine Lowe, Mayor
Gene Goss, Mayor Pro Tem
Edward Garcia, Council Member
Kelly Kriebs, Council Member
Robert Parkhurst, Council Member
Also Present: Miguel Hernandez, Assistant City Manager
Aleks Giragosian, City Attorney
Laura Aguilar, City Clerk
Katelyn Huang, Assistant Planner
Brent Bartlett, Fire Chief
Brian Dickinson, Public Works Project Manager
James Carlson, Senior Analyst
4. SUPPLEMENTAL INFORMATION FROM CITY CLERK REGARDING AGENDA ITEMS
5. REPORTS FROM MAYOR AND CITY COUNCIL (including reports from City Council related to meetings attended at City expense per AB 1234) Council Member Parkhurst:
Reported that he participated in a tour of the new library on December 17, 2025.
Council Member Kriebs:
Reported that she attended the annual Candlelight Walk on December 21, 2025. She also attended the Eaton Fire commemoration at the Fire Department on January 10, 2026.
Council Member Garcia:
Reported that he attended the Candlelight Walk on December 21. He also participated in a tour of the new library. On January 8, 2026 he attended the Senior Community Commission meeting and announced that nominations will be accepted for Older American of the Year. He also reported that due to a work commitment he was unable to attend the Chamber of Commerce meeting, but read through the minutes for all the information.
Mayor Pro Tem Goss:
Reported that he attended the January 8 Library Ad Hoc Committee meeting, on January 10 he attended the Eaton Fire commemoration at the Fire Department, on January 18 he attended the Planning Commission meeting and reported on the Commission’s actions.
Mayor Lowe:
Reported that she attended a January 8 meeting of Cal Cities in Torrance. On January 10 she attended the Eaton Fire commemoration, hosted by the Sierra Madre Fire Safe Council.
6. REPORTS FROM CITY STAFF
Public Works Project Manager Brian Dickinson provided an update on the clean up efforts of the Yucca Trail Debris Basin.
7. PRESENTATIONS
a. Certificate of Recognition to Diana Manzano, Disaster Management Coordinator for Los Angeles County Area D Disaster Management
b. Presentation of Mayor’s Certificate to winners of the Sierra Madre Wildlife Calendar Contest
8. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA
Any person wishing to speak before the City Council is asked to complete a Speaker Card and provide it to the City Clerk prior to the start of the meeting. Speakers are generally limited to three (3) minutes per person and time may not be delegated; any changes to the allotted time will be announced prior to the Public Comment period. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda.
Addressing the City Council from the audience is not permitted; all comments addressing the Council must be made from the podium. Only public comment made from the podium will be recognized by the City Council and entered into public record.
1. Mary Carney, 62 W. Alegria Avenue: Spoke about Flipping the Switch on Aging.
She also spoke about options for senior citizens meal delivery.
2. Glenn Lambdin, Sturtevant: Spoke about street resurfacing, as approved on September 9, 2025. Five streets were approved for resurfacing and he believes the data for determining those five streets was flawed. He will submitting a FOIA request for records for the streets that are on the list for resurfacing, and for the identified potholes throughout the city.
3. Deb Sheridan, Valle Vista Drive: Expressed thanks to the City and Sierra Madre Police Department for efforts to protect citizens first amendment rights. She requested that the City Council issue a proclamation similar to Pasadena that prohibits City resources used for immigration enforcement.
4. Caroline Brown, Canyon: Spoke about fire response and the need for emergency preparedness.
9. PUBLIC HEARING
Any person wishing to speak before the City Council on a public hearing item is asked to complete a Speaker Card noting the agenda item number and provide it to the City Clerk prior to the start of the public hearing. Separate and apart from the applicant (who may speak longer in the discretion of the City Council) speakers are generally limited to three (3) minutes per person; any changes to the allotted time will be announced prior to the Public Comment period. Under the Brown Act, the City Council is prohibited from discussing or acting on any item not listed on the posted agenda. The applicant may additionally submit rebuttal comments, at the discretion of the City Council.
The report was presented by Assistant Planner Huang.
a. Resolution No. 26-07 Authorizing the Allocation of FY 2026-2027 CDBG Funds for the Senior Minor Home Rehabilitation Program
CEQA: Not a Project
Recommended Action: Adopt
At the conclusion of staff’s presentation, Mayor Lowe brought the matter to Council for questions.
Mayor Lowe opened the podium for public comment. City Clerk Aguilar noted for the record that no emails had been received prior to the City Council meeting.
Seeing no one come forward, Mayor Lowe closed Public Comment and brought the matter back to the City Council for further discussion.
Mayor Lowe asked the Council for a motion.
Council Member Parkhurst made a motion to adopt Resolution 26-07.
Council Member Garcia seconded the motion to adopt Resolution 26-07 Mayor Lowe called for a vote of the Council:
Ayes: Mayor Lowe, Mayor Pro Tem Goss, Council Members Garcia, Kriebs, and Parkhurst
Noes: None.
Absent: None.
Abstain: None.
Resolution 26-07 was adopted by unanimous voice vote.
10. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless a member of the City Council requests that a specific item be removed from the Consent Calendar for separate discussion and action.
a. Regular Meeting Minutes of December 9, 2025
CEQA: Not a Project
Recommended Action: Approve
b. Special Meeting Minutes of December 16, 2025
CEQA: Not a Project
Recommended Action: Approve
c. Resolution No. 26-1 Approving Certain Demands
CEQA: Not a Project
Recommended Action: Adopt
d. Resolution No. 26-2 Approving Certain Demands
CEQA: Not a Project
Recommended Action: Adopt
e. Acceptance of an Anonymous Donation in the Amount of $20,000 for the Sierra Madre Police Department and the Sierra Madre Fire Department CEQA: Not a Project
Recommended Action: Accept
The City Council asked questions for clarification on Consent Item C. Staff provided responses for clarity.
Mayor Lowe opened the podium for public comment. City Clerk Aguilar noted for the record that no e-mails had been received prior to the City Council meeting.
Seeing no one come forward, Mayor Lowe closed Public Comment and brought the matter back to the City Council.
Mayor Lowe asked the Council for a motion.
Council Member Kriebs made a motion to approve Consent A-E as presented.
Mayor Pro Tem Goss seconded the motion.
Mayor Lowe called for a vote of the Council:
Ayes: Mayor Lowe, Mayor Pro Tem Goss, Council Members Garcia, Kriebs, and Parkhurst
Noes: None.
Absent: None.
Abstain: None.
Consent Items A-E were approved by unanimous voice vote.
11. DISCUSSION ITEMS
a. Resolution Nos. 26-03, 26-04, 26-05, and 26-06 Approving City Council Liaison Appointments to Various Regional Boards, Commissions, and Associations CEQA: Not a Project
Recommended Action: Adopt
City Clerk Aguilar presented the report.
Mayor Lowe opened the podium for public comment. City Clerk Aguilar noted for the record that no e-mails had been received prior to the City Council meeting.
Seeing no one come forward, Mayor Lowe closed Public Comment and brought the matter back to the City Council for further discussion.
Mayor Lowe asked the Council for a motion.
Council Member Garcia made a motion to adopt Resolutions 26-03; 26-04; 26-05; and 26-06; and appointments as discussed the City Council:
Commission/Board City Council Liaison Alternate Liaison Community Services
Commission Mayor Pro Tem Goss Council Member Kriebs
Library Board Council Member Kriebs Mayor Pro Tem Goss
Natural Resources
Commission Council Member Parkhurst Mayor Lowe
Planning Commission Mayor Lowe Council Member Garcia
Senior Community
Commission Council Member Garcia Council Member Kriebs
L.A. County Sanitation Mayor Lowe Mayor Pro Tem Goss
Board of Supervisors Mayor Lowe Mayor Pro Tem Goss
SGV Council of
Governments Mayor Pro Tem Goss Council Member Parkhurst League of California Cities Council Member Kriebs Council Member Garcia Clean Power Alliance Council Member Parkhurst City Staff So. Calif. Assoc. of
Governments Council Member Garcia Council Member Parkhurst Foothill Workforce
Investment Board Mayor Lowe Mayor Pro Tem Goss
Sierra Madre Chamber of
Commerce Council Member Kriebs Council Member Garcia
Council Member Kriebs seconded the motion.
Mayor Lowe called for a vote of the Council:
Ayes: Mayor Lowe, Mayor Pro Tem Goss, Council Members Garcia, Kriebs, and Parkhurst
Noes: None.
Absent: None.
The motion was approved by unanimous voice vote
b. Report, Discussion, and Direction on the 2026 City Council Meeting Schedule CEQA: Not a Project
Recommended Action: Provide Direction
City Clerk Aguilar presented the report.
Mayor Lowe opened the podium for public comment. City Clerk Aguilar noted for the record that no e-mails had been received prior to the City Council meeting.
Seeing no one come forward, Mayor Lowe closed Public Comment and brought the matter back to the City Council.
Mayor Lowe asked the Council for a motion.
Council Member Kriebs made a motion to
Council Member Parkhurst seconded the motion.
Mayor Lowe called for a vote of the Council:
Ayes: Mayor Lowe, Mayor Pro Tem Goss, Council Members Garcia, Kriebs, and Parkhurst
Noes: None.
Absent: None.
The motion was approved by unanimous voice vote
12. ITEMS FOR FUTURE AGENDAS
Proclamation of May as Older American Month (Garcia)
Consideration of Amendments to the SB1 street resurfacing list (Garcia) Report or update on water main line replacement budgeting (Garcia) List of Streets affected by Red and Yellow Flag Days (Lowe) Update on current water supplies (Parkhurst)
13. ADJOURNMENT
Mayor Lowe asked for a motion to adjourn.
Mayor Pro Tem Goss made the motion to adjourn.
Council Member Garcia seconded the motion.
The City Council unanimously approved the motion, by voice vote.
The City Council adjourned to its next regular meeting on Tuesday, January 27, 2026.
Minutes taken and typed by:
Laura Aguilar
City Clerk
CITY OF
SIERRA MADRE STAFF REPORT
FINANCE
DATE: January 27, 2026
TO: Honorable Mayor and City Council
FROM: Michael Bruckner, City Manager
SUBJECT: Resolution No. 26-08 Approval of Warrants for Payment
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 26-08 and approve payment for the following:
1. Outstanding Obligated City Warrants: $498,343.24
2. Outstanding Obligated Sierra Madre Library Warrants: $377,265.56
3. Payroll Transfer: $559,935.06
SUMMARY
The City Council is requested to ratify warrants and approve checks issued for payment, as certified by the Director of Finance. These payments have been reviewed for compliance with the City’s approved budget, financial policies, and authorized spending limits. Ratification by the City Council formally authorizes the disbursement of public funds, ensuring transparency, accountability, and adherence to sound fiscal management practices.
DISCUSSION & ANALYSIS
The Warrant Register provides an aggregated breakdown of the warrants, including descriptions (e.g. categories of payments), amounts, and corresponding fiscal year allocations. Note that the last page serves as a reference document to support the warrant approvals requested in this report, ensuring transparency and accountability in financial transactions. The attachment includes details on general warrants, utility bills, library warrants, and payroll transfers.
The Check Approval Register provides a comprehensive record of financial disbursements by the City of Sierra Madre, detailing payment transactions, vendor information, and check dates to ensure transparency and accountability. Additionally, the Payroll Summary Register outlines payroll disbursements, including total earnings, employer expenses, and overall payroll costs for Resolution No. 26-08 Approving Warrants for Payment
January 27, 2026
each pay period. The total payroll expenditure for the most recent pay period (PR #01) for Date 1/15/26:
Total Earnings (Salaries) @ $406,324.24 plus Total Employer Expenses for Benefits @ $153,610.82 = Total @ $559,935.06,
This aligns with the payroll transfer amount listed in the attachment. These records collectively support the accuracy and legitimacy of the financial transactions presented for approval.
STRATEGIC PLAN RELATIONSHIP
None.
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute as a project under the California Environmental Quality Act (“CEQA”), based on Section 15061(b)(3) of the CEQA Guidelines, as it can be determined with certainty that it will have no impact on the environment.
FISCAL IMPACT
There is no impact to the General Fund as a result of the recommended action.
Approved by:
___________________________
Michael Bruckner
City Manager
Attachment(s):
1. Resolution No. 26-08
2. Warrant Register
RESOLUTION NUMBER 26-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIERRA MADRE
APPROVING CERTAIN DEMANDS
WHEREAS, Government Code sections 37208-37209 authorize the City Council to ratify and approve warrants or checks drawn in payment of demands certified or approved by the Director of Finance as conforming to the budget; and, WHEREAS, the following demands have been reviewed and approved by the Finance Director; and,
WHEREAS, the Finance Director has verified that appropriated funds are available for payment thereof; and,
WHEREAS, the register of audited demands has been submitted to the City Council for approval; and
WHEREAS, City Warrants are the payment of bills, invoices and contractual obligations incurred by the City of Sierra Madre during the period enumerated therein, based on the approved fiscal year budget and existing budgetary authority, Municipal Code authority, or prior policy direction by the City Council; and WHEREAS, Payroll Transfer is the transfer of funds to cover the payroll costs for all City employees for the period enumerated therein.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sierra Madre does hereby approve payment of City Warrants in the aggregate amount of $498,343.24; Sierra Madre Library Warrants in the aggregate amount of $377,265.56; and Payroll Transfer in the aggregate amount of $559,935.06 for the fiscal year ending June 30, 2026.
APPROVED AND ADOPTED this 27th day of January 2026.
_____________________________________
Mayor, City of Sierra Madre, California
I hereby certify that the foregoing Resolution Number 26-08 was adopted by the City Council of the City of Sierra Madre at a regular meeting held on the 27th day of January 2026.
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
City Clerk, City of Sierra Madre, California
City of Sierra Madre
Department of Finance
Warrant Register Recap
City Council Meeting of January 27, 2026
CITY OF SIERRA MADRE AND SIERRA MADRE LIBRARY
City of Sierra Madre Warrants …..……….………….…….……..……………...$498,343.24 Sierra Madre Library Warrants……...…..……..…………...……………......….$377,265.56 Payroll Transfer……..…..............………..……………………………………….$559,935.06 Warrant Register Post Date 1/27/26 Attachment 1A
Fiscal Year Description Amount Page #
FY25/26 General Warrants $355,537.33 1-4
FY25/26 General Manual Warrant $39,950.16 5-9
FY25/26 General Manual Utility Bills $102,855.75 10-11
Total $498,343.24
FY25/26 Library Warrant $375,875.24 12
FY25/26 Library Manual Warrant $1,390.32 13
Total $377,265.56
Pay Date:
1/15/2026 Payroll #01 $559,935.06 14-16
From: City of Sierra Madre-General Acct.
To: City of Sierra Madre-Payroll Acct.
Total $559,935.06
1/20/2026 9:11:12 AM Page 1 of 6
Check Approval Register
City of Sierra Madre, CA
APPKT08497 - GEN 1/27/26 Check Date: 01/20/2026
01 - Vendor Set 01
Packet:
Vendor Set:
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1 1/20/2026 9:11:12 AM Page 2 of 6
APPKT08497 - GEN 1/27/26 Check Date: 01/20/2026
01 - Vendor Set 01
Packet:
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234883 FY 25/26 AUTO PARTS
155df748-8854-41fb-a4ed-b3d300b9acfc
60000.83100.53208 311.27
234915 FY 25/26 AUTO PARTS
c1fae0c1-7fa9-4f6c-ba5d-b3d300baab62
60000.83100.53208 177.38
235192 FY 25/26 AUTO PARTS
f83795de-757f-4311-ba2b-b3d300ba4f03
60000.83100.53208 71.57
VEN01935 DIVISION OF THE STATE ARCHITECT 82.40
APBWEST Check INV043192 Q2 25/26 10/1/25 - 12/31/25
535b269a-74fb-41c9-8f30-b3d300bb3369
10000.00000.23400 82.40
VEN04105 DR. ANGELICA LOZA-GOMEZ M.D., PC. 1,984.00
APBWEST Check 41 Medical Director Services NOV 2025
bfe3bf02-5437-4ed4-8ce6-b3d4010e48e2
10000.64000.52200 992.00
42 Medical Director Services DEC 2025
3a3e05ea-96bb-4f35-bf7a-b3d4010e492f
10000.64000.52200 992.00
VEN04579 EM PRINT STUDIO 243.65
APBWEST Check 2315 FD - PREMIUM UVS
ce8af7a8-651b-42c3-a80c-b3d300bc06f0
36002.61000.53300 243.65
VEN04281 ENVISION FORD LINCOLN OF DUARTE 112.89
APBWEST Check 110120 VEHICLE MAINT #2099
5b192434-09b5-42b3-a07c-b3d300c282b7
60000.83100.53208 112.89
VEN04036 ESO SOLUTIONS INC 1,681.99
APBWEST Check ESO-186292 ER - FIRE PACKAGE
f90e410b-2ebf-49ae-8dd6-b3d300bfc6b1
10000.61000.53409 1,681.99
VEN04320 ETE FITNESS EQUIPMENT 712.14
APBWEST Check 6563 FD GYM EQUIPMENT
ce267bf7-4710-43dc-9396-b3d300bf45fd
36002.61000.53999 712.14
VEN04122 FAITH FIRE EXTINGUISHER & SAFETY EQUIPMENT 2,198.87 APBWEST Check 12174 PW - VEHICLE BRACKETS
98b316e5-597c-42fd-9577-b3d300c4b3af
60001.83200.52200 354.02
12287 FIRE EXTINGUISHER INSPECTIONS
87fa7f31-db72-41d9-89b2-b3d300d27ef8
60001.83200.52200 1,844.85
0551 FOOTHILL LOCK & KEY 1,078.92
APBWEST Check 17535 SERVICE CALL: LIB - PUSH/PULL PADLE eb70f4d2-8c9a-407a-bf54-b3d300c3704d
60001.83200.53200 949.63
20406 DOOR GUARDIAN
a2c24385-012f-47e6-9e78-b3d300d31c96
60001.83200.53200 129.29
VEN02778 FORMLA LANDSCAPING INC 5,825.00
APBWEST Check 44314 7/11/25-8/10/25 CITY HALL LANDSCAPE MAINTENANCE afdeb8a4-47bf-49bc-8b79-b3d4010e48d8
10000.83300.52200 1,165.00
44488 8/11/25-9/10/25 CITY HALL LANDSCAPE MAINTENANCE
a8e1baf7-b8d3-4d8d-ba68-b3d4010e48dd
10000.83300.52200 1,165.00
44645 9/11/25-10/10/25 CITY HALL LANDSCAPE MAINTENANCE
5f2a689b-6ec1-4ec4-a800-b3d4010e48b2
10000.83300.52200 1,165.00
44800 10/11/25-11/10/25 CITY HALL LANDSCAPE MAINTENANCE 4e5a1412-d411-4d01-92e9-b3d4010e48a6
10000.83300.52200 1,165.00
44957 11/11/25-12/10/25 CITY HALL LANDSCAPE MAINTENANCE d9d4f4c2-1c2b-4751-8bf3-b3d4010e488b
10000.83300.52200 1,165.00
VEN01613 GANAHL LUMBER COMPANY 233.10
APBWEST Check 142225509 MISC. MAINT. SUPPLIES
1da37beb-c3dc-4a2e-b7c3-b3d300d8351a
71000.81100.53205 229.66
LP40576 MISC. MAINT. SUPPLIES
90205521-28ba-4321-a253-b3d300d86aff
60001.83200.53200 3.44
VEN04500 GLENDALE DODGE CHRYSLER JEEP 4,314.93
APBWEST Check 30849 FD Ambulance RA 41 Repair
d91f2223-a8e7-4c3e-9af7-b3d4010e4938
10000.61000.52100 4,314.93
0241 HINDERLITER, DE LLAMAS & ASSOC 600.00
APBWEST Check SIN057176 Q2 2025 AUDIT SERVICES/SALES TAX (10/25-12/25) a73f7947-fb6a-4c28-8cd1-b3d300d8b0df
60002.30000.52100 300.00
SIN057389 Q2 2025 SERVICES/TRANSACTIONS TAX (10/25-12/25) 78f55413-d33d-4a6c-ab2e-b3d300d93e7d
60002.30000.52100 300.00
1359 HIRERIGHT, LLC 138.25
APBWEST Check H0253159 BACKGROUND SCREENING 12/1/25 - 12/31/25 ca5fdf21-6561-4b3e-accf-b3d300d998da
60007.70101.52100 138.25
1044 JESSE TORIBIO 370.06
APBWEST Check FEB2026 FEB 2026 RETIREE HEALTH INSURANCE fd877aae-96c4-4c53-aef9-b3d300d9f16a
60007.70100.51302 370.06
VEN03424 JOHNSON INVESTIGATIONS 3,000.00
APBWEST Check 2025-44 PD Background Investigations
92f93234-60a5-4a61-ad53-b3d4010e489f
60007.70101.52100 1,300.00
2 1/20/2026 9:11:12 AM Page 3 of 6
APPKT08497 - GEN 1/27/26 Check Date: 01/20/2026
01 - Vendor Set 01
Packet:
Vendor Set:
Bank Code Payment Type Invoice # Invoice Description Account Number Distribution Amount Vendor Number Vendor Name Vendor Total
APBWEST Check 2025-45 PD Background Investigations
f99c2169-ffd0-4913-ab7e-b3d4010e48cf
60007.70101.52100 1,700.00
1165 KENNETH BERRY 740.11
APBWEST Check FEB2026 FEB 2026 RETIREE HEALTH INSURANCE 29da1df2-130c-4654-8ee6-b3d300da4d03
60007.70100.51302 740.11
1622 LA CO DEPT OF PUBLIC HEALTH 888.00
APBWEST Check INV043193 ACC#AR0262147 BACKFLOW ASSEMPLY 25/26 2e6b765b-65a9-47eb-b5c0-b3d300de9bb3
71000.81100.52001 37.00
INV043194 ACC#AR0262148 BACKFLOW ASSEMPLY 25/26
d17778b4-63b6-4ba2-bc06-b3d300e05606
71000.81100.52001 37.00
INV043195 ACC#AR0262149 BACKFLOW ASSEMPLY 25/26
27e8bd54-bdec-4534-93a3-b3d300e0802b
71000.81100.52001 296.00
INV043196 ACC#AR0262150 BACKFLOW ASSEMPLY 25/26
2cf89589-cd13-4de5-be75-b3d300e0bcdf
71000.81100.52001 222.00
INV043197 ACC#AR0262151 BACKFLOW ASSEMPLY 25/26
0c1a9a76-5b15-4625-b319-b3d300e0e678
71000.81100.52001 37.00
INV043198 ACC#AR0262152 BACKFLOW ASSEMPLY 25/26
f3b423fb-1ccd-461c-8034-b3d300e11304
71000.81100.52001 37.00
INV043199 ACC#AR0262153 BACKFLOW ASSEMPLY 25/26
44bad1cf-21ce-4b0d-842a-b3d300e1375b
71000.81100.52001 37.00
INV043200 ACC#AR0262154 BACKFLOW ASSEMPLY 25/26
4625b8ad-e1d7-46ff-9e6d-b3d300e15f6b
71000.81100.52001 37.00
INV043201 ACC#AR0238476 BACKFLOW ASSEMPLY 25/26
c8c1ae83-4fdf-4419-8972-b3d300e18688
71000.81100.52001 148.00
0515 LANDSCAPE WAREHOUSE 1,960.08
APBWEST Check 2509-520048 FY 25/26 MAINTENANCE SUPPLIES 016aaea0-b047-4c48-a1f6-b3d300e36071
60001.83200.53200 259.29
2512-563690 FY 25/26 MAINTENANCE SUPPLIES
d2630cde-2ad2-4404-9048-b3d300e38f31
60001.83200.53200 152.68
2512-567622 FY 25/26 MAINTENANCE SUPPLIES
766a6dda-6ccc-456e-b8f2-b3d300e1a900
71000.81100.53200 1,548.11
0640 LIFE-ASSIST INC. 2,558.10
APBWEST Check 2033969 FY 25/26 EMS Medical Supplies
a2b63eca-d058-4166-8533-b3d4010e48a8
10000.64000.53300 528.54
2037313 FY 25/26 EMS Medical Supplies
572c3c89-fe73-4c54-ab03-b3d4010e489c
10000.64000.53300 526.23
2041142 FY 25/26 EMS Medical Supplies
a3430558-73cc-4ba3-b41c-b3d4010e48b6
10000.64000.53300 158.70
2042087 FY 25/26 EMS Medical Supplies
9a9ac1f9-9bfe-484b-ba95-b3d4010e486a
10000.64000.53300 184.90
2045998 FY 25/26 EMS Medical Supplies
885ba57f-04ca-48c0-ba1b-b3d4010e495f
10000.64000.53300 1,126.01
2047837 FY 25/26 EMS Medical Supplies
f3fabb4a-82ff-4557-948e-b3d4010e4955
10000.64000.53300 33.72
VEN04515 MARIPOSA LANDSCAPES INC 13,887.44
APBWEST Check 117666 DEC 2025 LANDSCAPE MAINTENANCE
b7ece0cc-8651-441d-a415-b3d4010e48ff
10000.83300.52200 7,915.84
32012.83000.52200 4,443.98
60001.83200.52200 1,527.62
VEN01070 MARTIN CRUZ 740.11
APBWEST Check FEB2026 FEB 2026 RETIREE INSURANCE
d00e054e-e9c9-4585-a909-b3d300e75dfc
60007.70100.51302 740.11
VEN03463 MCA DIRECT 40.89
APBWEST Check 2025106 CALENDAR GUIDE - JUNE 2, 2026 ELECTION DATE 2eec425d-467d-491f-8d32-b3d300e3df41
10000.12000.52207 40.89
VEN02976 MEDICO PROFESSIONAL LINEN SERVICE 74.55
APBWEST Check 21363934 MEDICO WASTE SERVICES
61457555-2909-4a77-9277-b3d300e7ef56
10000.64000.53300 74.55
VEN04434 MOBILE ILLUMIMATION INC 850.00
APBWEST Check 2025-1600 ADDITIONAL INSURANCE - FEE
cebbff42-d2b8-4dd1-89e3-b3d300e87fc4
32012.83000.52200 850.00
VEN03488 MUNICIPAL EMERGENCY SERVICES INC 199.12
APBWEST Check IN2412918 FY 25/26 PERSONAL PROTECTIVE UNIFORM EQUIPMENT d8485487-fbf1-4df0-9cd8-b3d4010e4906
10000.61000.53303 199.12
1642 NBS 1,468.90
APBWEST Check 202512-4078 PROFF. SERVICE 1/1/26 - 3/31/26 6328e829-3f16-4f90-ace0-b3d300e92009
10000.82000.52100 1,468.90
VEN03105 NORTHWEST EXCAVATING INC 24,130.00
APBWEST Check M11341 12/4/25-12/16/25 Yucca Basin - Rail and Timber 0dc285eb-b5ac-4456-9cb0-b3d4010e4934
10000.81201.52200 12,370.00
M11342 12/5/25 - 12/16/25 Yucca Basin - Rail and Timber c0443314-9909-4ec1-ad28-b3d4010e4949
10000.81201.52200 6,920.00
M11343 12/10/25-12/16/25 Yucca Basin - Rail and Timber
7452bf72-6030-452f-9ae5-b3d4010e4890
10000.81201.52200 4,840.00
VEN04007 OCCUPATIONAL HEALTH CENTERS OF CA 122.00
APBWEST Check 89152721 PRE-EMPLOYMENT EXAM
ada8d876-4a73-4878-a76d-b3d300e9c7dc
60007.70101.52106 122.00
0786 OFFICE DEPOT, INC 259.15
APBWEST Check 447989330001 OFFICE SUPPLIES
c9421cbe-dcd6-4cd1-9c7a-b3d300ec67d7
10000.50000.53300 35.65
447989364001 OFFICE SUPPLIES
e346eca5-badb-469a-a328-b3d300ea8a15
10000.50000.53300 20.09
447989365001 OFFICE SUPPLIES
740a8f06-fe7c-426d-a319-b3d300ea5f6d
10000.50000.53300 30.83
452094119001 OFFICE SUPPLIES
45875412-e5f5-4f81-8262-b3d300ea1dc6
10000.50000.53300 58.93
453780586001 OFFICE SUPPLIES
f0391fa8-6f0e-4081-8148-b3d300ecfc98
60002.31100.53100 82.71
453848983001 OFFICE SUPPLIES
8b32f602-d3f1-4cad-b90e-b3d300ecce51
60002.31100.53100 30.94
0321 PARKHOUSE TIRE, INC. 1,585.31
APBWEST Check 1011066729 FY 25/26 PURCHASE TIRES/SERVICES e888ccef-0de4-4b53-9c0b-b3d300f000c9
60000.83100.53208 1,585.31
0124 PATTON SALES CORP. 83.05
APBWEST Check 5161199 MISC SUPPLIES
a2a33044-7f67-4f35-91fd-b3d300f059d2
60000.83100.53208 83.05
0332 PETTY CASH FUND-ADMIN 80.00
APBWEST Check INV043202 SENIOR EXCURSION DRIVER TIP
88d0e7e7-ccc4-4f38-b41c-b3d300ed2ba1
10000.79003.52999 80.00
1687 POSTER COMPLIANCE CENTER 611.32
APBWEST Check INV-60168-K3X5 CALF. & FED ENGLISH LABOR LAW POSTER db8d0726-cfd1-44eb-a212-b3d300eea4d9
60007.70100.53409 611.32
3 1/20/2026 9:11:12 AM Page 4 of 6
APPKT08497 - GEN 1/27/26 Check Date: 01/20/2026
01 - Vendor Set 01
Packet:
Vendor Set:
Bank Code Payment Type Invoice # Invoice Description Account Number Distribution Amount Vendor Number Vendor Name Vendor Total
1483 PRO PRINTING INC 121.83
APBWEST Check 59216 PD OT REPORT FORMS
67f63530-5a0a-4588-9044-b3d300ef14dd
10000.50000.53306 121.83
0338 PRUDENTIAL OVERALL SUPPLY 976.01
APBWEST Check 52922122 FY 25/26 PUBLIC WORKS UNIFORMS
737b8d33-4ae6-4e34-a388-b3d4010e48f6
60001.83200.53303 209.43
52937469 FY 25/26 PUBLIC WORKS UNIFORMS
5f49cdfd-ded1-4b46-83a8-b3d4010e4951
60001.83200.53303 123.12
52940896 FY 25/26 PUBLIC WORKS UNIFORMS
939c7700-8b24-4b6a-a3c4-b3d4010e495b
60001.83200.53303 123.12
52942540 FY 25/26 PUBLIC WORKS UNIFORMS
d98b3349-af8a-49a9-a5e5-b3d4010e493d
60001.83200.53303 228.38
52944230 FY 25/26 PUBLIC WORKS UNIFORMS
22c75703-2d25-4409-b070-b3d4010e4912
60001.83200.53303 161.54
52945912 FY 25/26 PUBLIC WORKS UNIFORMS
52169b58-6c22-48da-baf7-b3d4010e4947
60001.83200.53303 130.42
VEN04453 PSTRAX 786.60
APBWEST Check 9218 CONTROLLED SUBSTANCE MODULE ANNUAL LICS acc26209-ffc9-4cd2-94fa-b3d300ef83ca
10000.61000.53409 786.60
0447 RAYMOND BASIN MANAGEMENT BOARD 687.25
APBWEST Check 09-25-0007 TITLE 22 MONITORING
3b92df1a-7829-4428-a211-b3d300f145b9
71000.81100.52001 687.25
VEN03177 RELIABLE BUILDING MAINTENANCE LLC 7,050.00
APBWEST Check 1169 CH BREAKROOM/OFFICE X 1 CARPET EXTRACTION 96a3f4ec-746d-40d1-a102-b3d300f5907c
60001.83200.53201 550.00
1170 DEC 2025 JANITORIAL SERVICES
625e0b1c-ee6c-47d3-93de-b3d4010e4887
60001.83200.52200 3,250.00
1171 JAN 2026 JANITORIAL SERVICES
061eca00-70d0-41b8-88cb-b3d4010e48ce
60001.83200.52200 3,250.00
VEN04553 RENEWELL FLEET SERVICE LLC 3,847.47
APBWEST Check 9035 FD Fleet Annual Pump Testing and Apparatus Repair 8077d950-702f-4384-a2a3-b3d4010e4942
10000.61000.52100 3,847.47
0691 RIO HONDO COLLEGE 75.00
APBWEST Check F25-306-ZSRM ENROLLMENT FEE FALL 2025 X3 PD STAFF e2af7c35-007a-40c6-af31-b3d300f36f6c
10000.50000.52205 75.00
VEN01670 ROGERS, ANDERSON, MALODY & SCOTT, LLP 4,600.00 APBWEST Check 79513 AUDIT SERVICE - PROG BILLING #5 FY 2025 de2ab9bd-d452-4d37-a193-b3d4010e4917
60002.30000.52100 4,600.00
VEN04575 ROUTE 66 WRAPS LLC 1,980.00
APBWEST Check 32 FIRE TRUCK LICENSE/FD HOUSE TINT
7aaa831c-3e90-4c36-ab11-b3d300f0b57a
10000.61000.52100 1,980.00
0386 SPARLING INSTRUMENT INC 1,920.63
APBWEST Check 6305201 SERVICE. REPLACEMENT FT194 TRANSMITTER 4ec9374e-e84d-4025-ab19-b3d300f5fc32
71000.81100.53212 1,920.63
1588 SWRCB 565.00
APBWEST Check SW-0330281 INDEX #678819 ANNUAL PERMIT FEE 10/1/25 - 9/30/26 7d53047d-3875-4585-9547-b3d300f6f657
71000.81100.52001 565.00
VEN04278 TRUE POLYGRAPH LLC 500.00
APBWEST Check 1129 SIERRA MADRE PRE EMPLOYMENT TEST
a60e601a-f839-4e65-9d48-b3d300fe5823
60007.70101.52100 500.00
VEN04104 UCLA CENTER FOR PREHOSPITAL CARE 2,435.52
APBWEST Check 3013-1429 DEC 2025 Nurse Educator Services fbc13b62-5444-40fb-bab3-b3d4010e487d
10000.64000.52200 1,217.76
3013-1460 JAN 2026 Nurse Educator Services
bbe32261-88a2-48a8-9c1d-b3d4010e4895
10000.64000.52200 1,217.76
0410 UNDERGROUND SERVICE ALERT 100.00
APBWEST Check 1220250705 FY 25/26 UNDERGROUND ALERTS
c4c3afc4-ba8b-4e82-8890-b3d300fefb99
71000.81100.52200 100.00
1243 USA BLUEBOOK 136.69
APBWEST Check INV00908112 MAINT SUPPLIES
e6f84274-2dcb-4e7f-b0ee-b3d300fea0ea
60001.83200.53303 136.69
VEN03241 WALTERS WHOLESALE ELECTRIC CO 16.80
APBWEST Check S129346435.001 LEV 41080 1WP
473fb38b-b6fa-454e-99c4-b3d300ff519b
60001.83200.53200 16.80
0335 WATERLINE TECHNOLOGIES 2,474.39
APBWEST Check 5774096 CYLINDER RETURN 12/10/25
10fc89b0-5cb4-4402-a0e6-b3d30100bbb3
71000.81100.53209 -300.00
5776340 FY 25/26 CHLORINE GAS SUPPLIES
96eb8f32-71a1-4f3c-87d8-b3d4010e48eb
71000.81100.53209 2,774.39
0574 WEST COAST ARBORISTS, INC. 49,570.00
APBWEST Check 238329 FY 25/26 ARBORIST CONTRACT 12/12/25-1/2/26 bf00bb38-0551-43b1-9344-b3d4010e494c
38004.83300.52200 49,570.00
VEN04577 WESTERN AV 85,278.31
APBWEST Check 23567 COUNCIL CHAMBERS AV UPGRADE
6e63068f-3fc6-4858-99ec-b3d4010e495f
60003.30000.56009 85,278.31
0426 WESTERN WATER WORKS 12,556.04
APBWEST Check 1279044-00 FY 25/26 WATER DISTRIBUTION SUPPLIES 45104a66-ebfa-4d8c-b1d2-b3d4010e490d
71000.81100.53200 12,556.04
1387 ZOLL MEDICAL CORP 382.88
APBWEST Check 4385653 MEDICAL SUPPLIES
b2773f24-7062-494c-a69d-b3d301013acd
10000.64000.53300 382.88
Report Total: 355,537.33
4 1/20/2026 10:07:00 AM Page 1 of 3
Check Approval Register
City of Sierra Madre, CA
APPKT08479 - GEN BOA MAN 1/27/25 Check Date: 01/12/2026 01 - Vendor Set 01
Packet:
Vendor Set:
Bank Code Payment Type Invoice # Invoice Description Account Number Distribution Amount Vendor Number Vendor Name Vendor Total
0823 BANK OF AMERICA 21,902.44
APBWEST Check INV043004 LA - NOV SENIOR SOCIAL EVENT
047513a3-01b3-4bb9-a9dd-b3cc00cd2fd7
37006.72000.53999 120.53
INV043005 LA - APP. FOR AD INTO CMC - REFUND
f8b809e5-3e62-4406-8afa-b3cc00cd618b
10000.12000.53409 -50.00
INV043006 LA - DRY CLEANING FOR CITY STEP AND REPEAT
98a05404-b720-4736-85d2-b3cc00cdfa87
60002.31100.53100 61.00
INV043007 GB - WEBINAR FOR 2026
caeeab3b-20c3-451e-a6c3-b3cc00cef5d0
10000.50000.52205 330.75
INV043008 GB - TRAINING LUNCHEON
0a28cffd-5f2f-49a7-8144-b3cc00cf3556
10000.50000.53999 179.90
INV043009 GB - INTERNAL INV. - PRIORITY PRINTING - LARGE QTY 40be230a-8675-453d-a6ea-b3cc00cf6aa4
10000.50000.53999 1,190.42
INV043010 GB - SAMPLE PATCHES - FOR VESTS/VECTOR/IMAGE
5e4a3eff-7c82-47ba-8a04-b3cc00cfbc97
10000.50000.53300 159.70
INV043011 GB - DEPT. MEETING/TEAM BUILD. FOOD, CUPS
34fcb367-d300-4640-9584-b3cc00cff6f4
10000.50000.53999 72.90
INV043012 GB - PRE-SCHEDULED DISPATCH LEGAL UPDATE
ddbbd1e1-addc-4778-ae9c-b3cc00d0285a
10000.50000.52205 199.00
INV043013 BB - DEPARTMENT HOLIDAY BREAKFAST
4eb1b0b8-c2ab-448c-8833-b3d000b034a2
36002.61000.53999 203.03
INV043014 BB - DEPARTMENT HOLIDAY BREAKFAST
011bdb63-280a-48ed-ad7a-b3d000b120b1
36002.61000.53999 23.17
INV043015 BB - GRAMMARLY TYPING ASSISTANCE
596d7585-34f4-44e7-b03e-b3d000b160a7
10000.61000.53409 30.00
INV043016 BB - FIRE CHEIFS LEADERSHIP SEMINAR - LODGING FEE fffbf825-986c-4fd8-a779-b3d000b1aeb1
10000.61000.53402 421.10
INV043017 BB - ENGINE CUP HOLDERS
ea353c2e-c0a8-4c3a-95cd-b3d000b268bb
10000.61000.53300 390.80
INV043018 BB - EQUIPMENT MAINT. PARTS CHAINSAW
f93a17fb-4216-41ca-81c3-b3d000b37d38
10000.61000.53300 68.00
INV043019 BB - EQUIP. MAINT. PARTS. DRONE - SAFETY COURSE b8093c47-38b1-4ea1-910a-b3d000b3b75c
10000.61000.52205 164.65
INV043020 BB - AFSS SOUTH MEETING
631895e8-d2f6-40b2-a5c8-b3d000b42b4e
10000.61000.53402 31.05
INV043021 BB - TRAINING CLASS FOR CHU
9465ad22-876b-4d31-8b61-b3d000b45ef6
10000.61000.52205 295.00
INV043022 BB - DEPT. HOLIDAY CARDS
f3170d72-6b67-47e8-ab10-b3d000b48367
10000.61000.53102 133.98
INV043023 BB - INTRO GOV. ACCT. COURSE FEE
b51926ec-6efc-4dcf-9162-b3d000b4ab83
10000.61000.52205 165.00
INV043024 BB - STORAGE FOR FD MASTER PLAN
051919e2-82e8-4ec2-91ae-b3d000b4dadb
10000.61000.53409 11.99
INV043026 BB - EQUIPMENT MAINT. PARTS CHAINSAW
dc635984-b84b-475d-aac6-b3d000b546fa
10000.61000.53300 291.20
INV043027 BB - PARAMEDIC RECET FOR EDMONDSON
6e37bf43-c364-4694-9c13-b3d000b564d4
10000.64000.52205 250.00
INV043028 MB - 2025 TAX SEMINAR & RECORDING FEE
1467960b-e61e-495b-a14f-b3d000b85280
60002.30000.53402 595.00
INV043029 MH - CIRA BOARD MEETING
f269bbb9-062b-4dcb-8162-b3d000bb0cf1
60007.70100.53402 70.00
INV043030 MH - RECRUITMENT ADVERTISING ON GFOA
21b2af42-ab2d-42d3-b8ff-b3d000bb5f18
60007.70101.52206 500.00
INV043031 MH - RECRUITMENT ADVERTISING ON CSMFO
c7f8ef8b-2c03-492d-96e0-b3d000bb8cbf
60007.70101.52206 455.00
INV043032 MH - RECRUITMENT ADVERTISING ON ICMA
6b028910-31ab-4ad1-b34f-b3d000bbc2ee
60007.70101.52206 225.00
INV043033 MH - CSMFO FINANCIAL CLASS
981cbe62-cf07-4031-a70c-b3d000bc0433
60007.70100.52205 165.00
INV043034 MH - RECRUITMENT ADVERTISING ON CEAC
eeb77f04-ca09-41bf-b830-b3d000bc3693
60007.70101.52206 208.00
INV043035 MH - CIRA BOARD MEETING
3160912c-f430-407e-b551-b3d000bc6a84
60007.70100.53402 338.95
INV043036 MH - EOC ACTIVATION - DEC 23-26, 2025 RAIN STORM 43f8c602-c66e-4fa9-8acd-b3d000bc8fd9
60007.70100.53300 438.53
INV043037 CL - ADDRESS LABELS
d8a23b3e-17fd-49b0-904d-b3d000bd0924
10000.40000.53100 21.54
INV043038 CL - INTRODUCTION TO GOV ACCOUNTING
5f9a0e2c-326d-4b4e-90f9-b3d000bd6b68
10000.40000.53402 165.00
INV043039 RM - CHRISTMAS PARTY SUPPLIES
a49581b3-13cb-4280-be1a-b3d000c09d4e
60002.30000.53999 947.30
INV043040 RM - COUNCIL RE-ORG SUPPLIES
f3d3c94b-0073-42f8-9aef-b3d000c10253
10000.11000.53999 29.82
INV043041 RM - COUNCIL RE-ORG SUPPLIES
e5272c47-897e-4d3b-bff9-b3d000c133aa
10000.11000.53999 7.72
INV043042 RM - COUNCIL RE-ORG DECO. - FLOWERS FOR CHAMBERS 7b196844-4609-456a-84d0-b3d000c19542
10000.11000.53999 187.54
INV043043 RM - OUTGOING MAYOR RE-ORG - CAKE
26133e12-7c51-4ac7-b4db-b3d000c1cec1
10000.11000.53999 124.35
INV043044 RM - SHAPING SMARTER GOVERNMENT W/AI INNOVATION b25bc0d0-a2c0-486d-9969-b3d000c21634
60002.30000.53402 1,295.00
INV043045 RM - CITY COUNCIL RE-ORG CAKE
fe4c216b-93ba-4762-9c37-b3d000c253cf
10000.11000.53999 181.91
INV043046 RM - CITY WIDE XMAS PARTY - MEAL
3040c05a-755a-4cee-84cd-b3d000c2ae4b
60002.30000.53999 135.58
INV043048 RM - CITY WIDE XMAS PARTY - MEAL
9b05d369-e41c-44a7-a5ef-b3d000c327f8
60002.30000.53999 173.91
INV043049 SM - PW DEPT. REF. MATERIALS
2111d9d4-3691-4272-96c4-b3d000c3dbb1
10000.82000.53409 167.42
INV043050 SM - SEWER COLLECTION TEST - ROBLES
b8609b11-55c9-475e-963f-b3d000c41ab5
72000.81200.52205 225.00
INV043051 SM - AGWT CONF FEE - MCGEE
027ff096-f3cf-4199-8e28-b3d000c44b39
71000.81100.53402 493.29
INV043052 SM - GOV. ACCT. SEMINAR - PETERSON/CARLSON
5a575c34-2604-4658-955e-b3d000c512f9
71000.81100.52205 330.00
INV043053 SM - SEWER MAINT. SUPPLIES
2b1f0078-b72e-4b9d-b6b3-b3d000c54947
72000.81200.53205 238.00
INV043054 SM - CWEA MEMBERSHIP - ROBLES
47c4bb14-cf6d-4639-a086-b3d000c578cf
72000.81200.53409 251.00
INV043055 SM - CWEA MEMBERSHIP - TATE
d920b05f-57fc-4fec-af41-b3d000c65f01
72000.81200.53409 251.00
INV043056 OM - CANVA LIC. - DESIGN SOFTWARE
e391b0f5-92eb-4f02-a012-b3d000c813d2
60003.30000.53503 300.00
INV043057 OM - ADDITIONAL LIC. - DROPBOX 12/11/25-5/22/26 c68a3f86-c8b4-4ee5-a56c-b3d000c903d0
60003.30000.53503 79.89
INV043058 OM - STARLINK - SATELLITE INTERNET SERVICE
5f43e749-0276-4763-9c62-b3d000c93a70
60003.30000.52200 540.00
5 1/20/2026 10:07:00 AM Page 2 of 3
APPKT08479 - GEN BOA MAN 1/27/25 Check Date: 01/12/2026 01 - Vendor Set 01
Packet:
Vendor Set:
Bank Code Payment Type Invoice # Invoice Description Account Number Distribution Amount Vendor Number Vendor Name Vendor Total
APBWEST Check INV043059 OM - ERGONOMIC CHAIR
0fe11215-607c-4320-a6c2-b3d000cb9124
60003.30000.52200 810.25
INV043060 OM - ONLINE APPT. SCHEDULING SOFTWARE
66cad889-5882-4b54-87bf-b3d000cbf5ce
60003.30000.53503 78.00
INV043061 OM - DNS RENEWAL
154a6d61-3e51-49ed-99e1-b3d000cc427a
60003.30000.53503 4.99
INV043062 OM - EMAIL MARKETING SOFTWARE 12/1/25 - 11/30/26 8b1f7c7d-571c-45f9-9466-b3d000cca9d2
60003.30000.53503 818.40
INV043063 OM - REMOTE SUPPORT SOFTWARE
82666d18-fd8a-4693-98c4-b3d000ccd4ba
60003.30000.53503 298.00
INV043064 OM - ADDITIONAL DOCUSIGN LIC. 11/20/25 - 7/20/26 ea0d024f-cfb9-4115-98b4-b3d000ccfe4e
60003.30000.53503 599.18
INV043065 OM - ITMLP CERTIFICATION TRAINING
b4ced238-8cb4-46fc-9a38-b3d000cd9151
60003.30000.52100 1,200.00
INV043066 OM - WEBSITE TRAINING SESSION - MEAL
a977418b-ede8-4858-8105-b3d000cdbe75
60003.30000.53402 152.63
INV043068 OM - SATELLITE INTERNET SERV. 11/17/25 - 12/17/25 9ba5baa8-63da-400b-acf6-b3d000ce5415
60003.30000.52200 215.00
INV043069 OM - ZOOM DIALING SERVICE 10/17/25 - 11/16/25 2f81bca5-ba08-4be0-89dc-b3d000ceb0d4
60003.30000.52200 71.50
INV043070 TT - SENIOR HOLIDAY SOCIAL - DECEMBER 2025
56c0aec1-28a8-4fdd-9601-b3d000d9234d
37006.72000.53999 221.28
INV043071 TT - SENIOR HOLIDAY SOCIAL - DECEMBER 2025
5dd70f88-af1b-48ab-89bc-b3d000da8e4a
37006.72000.53999 51.36
INV043072 TT - SENIOR HOLIDAY SOCIAL - DECEMBER 2025
fa11b7c5-1284-468e-a1d3-b3d000daa9f9
37006.72000.53999 74.31
INV043073 TT - SENIOR HOLIDAY SOCIAL - DECEMBER 2025
cc8fa167-7e45-4e36-b07e-b3d000dac6cb
37006.72000.53999 62.92
INV043074 TT - SENIOR HOLIDAY SOCIAL - DECEMBER 2025
cf90a523-a871-451f-a506-b3d000dae460
37006.72000.53999 79.04
INV043075 TT - SENIOR HOLIDAY SOCIAL - DECEMBER 2025
bee72bc1-8a06-4177-ab10-b3d000db0d04
37006.72000.53999 266.46
INV043076 TT - SENIOR HOLIDAY SOCIAL - DECEMBER 2025
71f971bb-6a78-4ea5-a08d-b3d000db5433
37006.72000.53999 101.97
INV043077 TT - SENIOR HOLIDAY SOCIAL - DECEMBER 2025
17ecedef-c3f7-4c47-927d-b3d000db7046
37006.72000.53999 94.62
INV043078 TT - SENIOR HOLIDAY SOCIAL - DECEMBER 2025
4171b3fa-880f-4d3b-9a04-b3d000db8cc5
37006.72000.53999 12.63
INV043079 TT - SENIOR HOLIDAY SOCIAL - DECEMBER 2025
ec636143-eb3e-45d6-9dec-b3d000dbdfb9
37006.72000.53999 1,288.15
INV043080 TT - SENIOR CHRISTMAS TREE DECORATING
e7e42354-c5ea-4e0c-a229-b3d000dc05b9
37006.72000.53999 160.88
INV043081 TT - SENIOR CHRISTMAS TREE DECORATING
54dcb895-035e-4c42-9210-b3d000dc40e0
37006.72000.53999 124.51
INV043082 TT - SENIOR DECEMBER 2025 CRAFT
d7ed16a7-5cf3-46f5-bdf7-b3d000dc5ea7
37006.72000.53999 177.68
INV043083 TT - SENIOR DECEMBER 2025 CRAFT
c2b67d29-cffe-4dbb-9c36-b3d000dc9335
37006.72000.53999 96.23
INV043084 TT - SENIOR DECEMBER 2025 CRAFT
dd8bb2dd-3998-4029-a080-b3d000dcc1d6
37006.72000.53999 31.63
INV043085 TT - SENIOR DECEMBER 2025 CRAFT
d1c4e910-34d1-4d92-ab4d-b3d000dcdf22
37006.72000.53999 80.88
INV043086 TT - SENIOR DECEMBER 2025 CRAFT
daa7843c-50be-4a07-b3c2-b3d000dd0363
37006.72000.53999 11.84
INV043087 TT - SENIOR NOV 2025 BD CELEGRATION
84cb6522-c45a-4b9d-8c36-b3d000dd239c
37006.72000.53999 40.73
INV043088 TT - SENIOR NOV 2025 BINGO
12634787-e21b-4ee7-b123-b3d000dd5ea1
37006.72000.53999 67.84
INV043089 TT - SENIOR NOV 2025 BINGO
31afc6e1-e44e-4175-abc4-b3d000dd9681
37006.72000.53999 88.06
INV043090 TT - SENIOR NOV 2025 BINGO
2dc3a5ac-a715-444c-8000-b3d000ddb487
37006.72000.53999 85.06
INV043091 TT - SENIOR NOV 2025 BINGO
70ccac8c-757b-40fe-b1a8-b3d000ddd419
37006.72000.53999 175.83
INV043092 TT - SENIOR NOV 2025 BINGO
69781d48-4f53-405f-9a96-b3d000ddff0d
37006.72000.53999 33.15
INV043093 TT - SENIOR DEC 2025 BINGO
67fac2c0-0875-4415-9111-b3d000de1d00
37006.72000.53999 68.51
INV043094 TT - FALL COMMUNITY YARD SALE
0ca03b66-4495-4978-8508-b3d000de64c9
37006.72000.53999 65.25
INV043095 TT - FALL COMMUNITY YARD SALE
49b069f8-5d15-4f3a-82c5-b3d000dfb37a
37006.72000.53999 105.50
INV043096 TT - SM GENERAL PLAN UPDATE - SUPPLIES
b52beef6-c091-4d2e-9806-b3d000dfd8f5
10000.70000.53999 111.29
INV043097 TT - CPRS MEETING - SUPPLIES
44d23cbf-615a-4952-8ab9-b3d000e00cd2
10000.70000.53999 114.17
INV043098 TT - CPRS REG FEE RAMOS
c55dbe9f-fa43-448a-b7a1-b3d000e03938
10000.70000.53999 200.00
INV043099 TT - SENIOR CENTER WATER FOR SENIORS
a433706d-b0ce-4dca-961e-b3d000e626ac
37006.72000.53999 55.36
INV043100 TT - CREDIT - NOV 2025 CRAFT RETURNS
3f639bc3-52f7-4a0a-b9db-b3d000e66441
37006.72000.53999 -11.24
INV043101 TT - CREDIT - NOV 2025 CRAFT RETURNS
7eae11d3-e25e-4cee-be26-b3d000e6b464
37006.72000.53999 -64.26
INV043103 TT - CREDIT - NOV 2025 CRAFT RETURNS
02935f63-059a-46f3-8e3c-b3d000e6f8ca
37006.72000.53999 -5.50
INV043104 TT - CREDIT - NOV 2025 CRAFT RETURNS
3757fe99-6f61-44d5-acaa-b3d000e717c1
37006.72000.53999 -28.63
INV043105 TT - CREDIT - DEC 2025 HOLIDAY SOCIAL
a26d7a47-85c0-47b3-9d09-b3d000e76331
37006.72000.53999 -182.32
INV043106 TT - DECEMBER CRAFT RETURN
d62c0e4b-3daf-4954-b46f-b3d000efb517
37006.72000.53999 -20.00
INV043107 TT - DECEMBER CRAFT RETURN
1a43dcb5-8970-4e7c-a98f-b3d000f004a0
37006.72000.53999 -57.68
INV043108 RWD MORE REWARDS ON 11/6/25
9d245330-de69-4a24-8a38-b3d00107361b
60002.30000.53999 -6.94
Report Total: 21,902.44
6 1/20/2026 9:15:17 AM Page 1 of 2
Check Approval Register
City of Sierra Madre, CA
APPKT08477 - GEN MAN 1/27/26 Check Date: 01/12/2026
01 - Vendor Set 01
Packet:
Vendor Set:
Bank Code Payment Type Invoice # Invoice Description Account Number Distribution Amount Vendor Number Vendor Name Vendor Total
VEN02208 CALIFORNIA BUILDING STANDARDS COMMISSION 110.70 APBWEST Check OCT-DEC 2025 OCT-DEC 2025 BLDING STND ADMIN SPECIAL REV FUND a7736238-a102-4cbb-a5fb-b3cc00b973dd
10000.00000.23207 110.70
1681 DEPT OF CONSERVATION 449.24
APBWEST Check OCT-DEC 2025 OCT-DEC 2025 STRONG MOTION & HAZ. MAP FEE 990678c1-c9c3-43ce-b8ab-b3cc00ba19a4
10000.00000.23206 449.24
VEN04583 KEVIN BRENNAN 700.00
APBWEST Check INV042992 REIMB: 2026 PLAN. COMMISSIONERS ACADEMY REG FEE 44439c30-b5b9-4806-9c56-b3cc00ba8a0f
10000.40000.53402 700.00
Report Total: 1,259.94
7 1/20/2026 9:31:49 AM Page 1 of 2
Check Approval Register
City of Sierra Madre, CA
APPKT08492 - GEN MAN 1/27/26 Check Date: 01/16/2026
01 - Vendor Set 01
Packet:
Vendor Set:
Bank Code Payment Type Invoice # Invoice Description Account Number Distribution Amount Vendor Number Vendor Name Vendor Total
VEN03272 DEPT OF HEALTH CARE SERVICES 16,180.40
AP EFT WEST Electronic Funds Transfer INV043203 2026 #1 GEMT Quality Assurance Fee b09f1d5e-7208-41d9-bb20-b3d400a5901c
10000.64000.52001 16,180.40
Report Total: 16,180.40
8 1/20/2026 9:30:54 AM Page 1 of 2
Check Approval Register
City of Sierra Madre, CA
APPKT08487 - GEN MAN 1/27/26 Check Date: 01/15/2026
01 - Vendor Set 01
Packet:
Vendor Set:
Bank Code Payment Type Invoice # Invoice Description Account Number Distribution Amount Vendor Number Vendor Name Vendor Total
0833 HOME DEPOT 607.38
APBWEST Check 1545309 1502 - FACILITIES - ELECTRICAL BOX 2173d1db-4ced-41a3-8b18-b3d200bca9db
60001.83200.53200 12.40
2034301 6422 - HART PK HOUSE - FACILITIES REPAIRS & MAINT 45295fb9-9ce7-4052-bcf8-b3d200c0267e
60001.83200.53200 31.98
5542575 6422 - FACILITIES PD REPAIRS/MAINTENANCE
b7120d94-5494-4ce8-8ed7-b3d200bf04c0
60001.83200.53200 39.71
8231465 0010 - XMAS ORNAMENTS - CREDIT
5bf0481d-0011-43ba-b0cd-b3d200c18192
10000.50000.53999 -24.90
8231466 0010 - XMAS ORNAMENTS
14cfa69d-fc1a-4b73-9858-b3d200c1c751
10000.50000.53999 24.90
9353640 1502 - AUBURN PARKING LOT LIGHT REPLACEMENT
fa82555e-de28-4fcd-b494-b3d200be8a5c
60001.83200.53200 44.18
9542782 0010 - XMAS DECO/ORNAMENTS/STORAGE
ed2b5b17-376a-4622-a850-b3d200c08984
10000.50000.53999 352.03
H6037-6255907412 6422 - CARPET CLEANER MACHINE
7a7f3043-b0a6-46ea-8638-b3d200bfab37
60001.83200.53200 197.91
INV043176 CREDIT - OVER PMT ON CHECK 71643
7fb5e5da-7e61-4cfb-90d1-b3d200f056cb
60002.30000.53999 -70.83
Report Total: 607.38
9 1/20/2026 9:26:28 AM Page 1 of 3
Check Approval Register
City of Sierra Madre, CA
APPKT08486 - UB MAN 1/27/26 Check Date: 01/14/2026
01 - Vendor Set 01
Packet:
Vendor Set:
Bank Code Payment Type Invoice # Invoice Description Account Number Distribution Amount Vendor Number Vendor Name Vendor Total
0129 AT&T 9,301.41
APBWEST Check INV043147 818 246-3783 591 4 12/23/25 - 1/22/26 a1ebc355-2af3-44bb-a191-b3d10120d9cc
60003.30000.55005 3,449.93
INV043148 818 291-0241 661 1 12/4/25 - 1/3/26
96b638ce-9e51-4d89-ac30-b3d101217037
60003.30000.55005 2,882.50
INV043149 818 291-0241 661 1 1/4/26 - 2/3/26
3e73855f-3dbd-4eb7-a1e2-b3d10122032a
60003.30000.55005 2,968.98
VEN04074 CHARTER COMMUNICATIONS 3,207.51
APBWEST Check 106917301010126 106917301 1/1/26 - 1/31/26 3c8021df-1e33-44cb-b144-b3d200a61fa4
60003.30000.55005 1,280.00
187633301122125 187633301 12/27/25 - 1/26/26
8d4888cf-4710-4c80-b3d3-b3d200a69d69
60003.30000.52200 876.70
188596301122125 188596301 12/25/25 - 1/24/26
d4619dee-eedf-4010-95c5-b3d200a754bb
60003.30000.52200 199.98
188596401122125 188596401 12/25/25 - 1/24/26 YMCA ELEVATOR fbb70796-acaf-4931-a6cf-b3d200a7946d
60003.30000.52200 40.00
188597101010126 188597101 1/6/26 - 2/5/26
802e2c6c-0332-4d53-af05-b3d200a66096
60003.30000.52200 269.98
188597401122125 188597401 12/27/25 - 1/26/26
2dfdf88c-342a-4ba5-b5b6-b3d200a5a288
60003.30000.52200 330.87
188597601122125 188597601 12/25/25 - 1/24/26
9a4f644c-d979-41fc-b13e-b3d200a81f83
60003.30000.52200 209.98
VEN02792 FRONTIER CALIFORNIA INC 7,741.62
APBWEST Check INV043162 626-197-0261-032521-5 1/1/26 - 1/31/26 2caf6dfa-e124-4b45-9ce5-b3d200a11158
60003.30000.55005 1,047.38
INV043163 209-188-3757-030707-5 1/4/26 - 2/3/26
ebc538aa-497f-4637-8de4-b3d200a3633d
60003.30000.55005 3,220.66
INV043164 626-197-1492-030922-5 1/1/26 - 1/31/26
4c7300ae-a45a-49eb-a15e-b3d200a3fde3
60003.30000.55005 813.75
INV043165 626-355-0264-012498-5 1/4/26 - 2/3/26
02c14275-1132-427f-9463-b3d200a43626
60003.30000.55005 558.20
INV043166 626-355-1414-092017-5 1/1/26 - 1/31/26
23d228ba-21ad-44bf-a4c3-b3d200a474c2
60003.30000.55005 1,516.60
INV043167 310-001-5763-051199-5 12/28/25 - 1/27/26
18bd29f4-1e2f-4830-bd5f-b3d200a4d988
60003.30000.55005 131.31
INV043168 209-151-5743-051199-5 12/28/25 - 1/27/26
4a25aed2-aec0-4ddb-a1f5-b3d200a5219b
60003.30000.55005 226.86
INV043171 209-151-5743-051199-5 11/28/25 - 12/27/25
a348bf50-5675-4a6d-8a6b-b3d200ca29ab
60003.30000.55005 226.86
VEN03195 GREATAMERICA FINANCIAL SERVICES 1,182.53
APBWEST Check 40854530 003-1310860-000 11/5/25 - 12/4/25 0b13002e-ac14-4a65-8125-b3d2009a2f17
60003.30000.53210 381.35
40983869 003-1443256-000 STANDARD PMT ONLY
046e032a-d0d1-42c3-b8e7-b3d20099ce26
60003.30000.53210 801.18
VEN03173 QUADIENT FINANCE USA INC 1,000.00
APBWEST Check INV043172 POSTAGE
e4e26661-02e9-42e1-a5f2-b3d200ca8931
60002.31100.53101 1,000.00
VEN01031 QUADIENT LEASING USA INC 1,414.47
APBWEST Check Q2140771 1/11/26 - 4/10/26 EQUIPMENT LEASE 5bfda652-b62f-47ab-a0d2-b3d200e1a870
60002.31100.53101 1,414.47
0384 SOUTHERN CALIF. EDISON CO. 73,428.52
APBWEST Check INV043157 700102141347 11/5/25 - 12/7/25
1a117d42-0742-44bc-afde-b3d2009f1d6b
32012.83000.55003 439.85
38005.83500.55003 16.44
60001.83200.55003 9,533.58
71000.81100.55003 9,801.54
INV043158 700162056328 12/1/25 - 12/31/25
43e4c666-e99b-4f04-af9c-b3d2009fc665
32005.83500.55003 206.25
32012.83000.55003 2,308.71
38005.83500.55003 5,691.04
60001.83200.55003 262.88
INV043159 700661951989 12/4/25 - 1/5/26
ac8f3323-cc36-4d60-a1ce-b3d200a05018
60001.83200.55003 278.33
INV043160 700738880568 12/3/25 - 1/4/26
5546452f-39b2-42ba-aa35-b3d200a0893c
60001.83200.55003 1,410.30
INV043161 700835579161 12/8/25 - 1/7/26
07c840be-f26c-4709-a102-b3d200a0ce54
71000.81100.55003 43,479.60
0216 THE GAS COMPANY 1,550.09
APBWEST Check INV043151 118-261-4788 3 12/1/25 - 1/1/26 98813d33-8508-44f0-aff5-b3d2009ae325
60000.83100.55001 390.07
INV043152 168 618 7700 5 12/8/25 - 1/8/26
c3fa4087-6db9-4a27-a7d0-b3d2009da77c
60001.83200.55004 700.81
INV043153 135 119 3500 2 12/9/25 - 1/9/26
8f412903-d671-49af-80ef-b3d2009e2563
60001.83200.55004 202.30
INV043154 051 018 7151 4 12/7/25 - 1/8/26
99fc3bf6-73d9-4ed6-9581-b3d2009e5e9f
60001.83200.55004 140.91
INV043155 055 218 7110 2 12/8/25 - 1/8/26
ec61c38f-7aaa-44a0-9e9c-b3d2009e9659
60001.83200.55004 88.88
INV043156 053 118 7109 8 12/8/25 - 1/8/26
d4655368-39fc-46d4-84a5-b3d2009ed8e6
60001.83200.55004 27.12
VEN03926 T-MOBILE 428.77
APBWEST Check INV043150 972239789 11/21/25 - 12/20/25
708d5fa7-46de-4034-b982-b3d101232880
60003.30000.55005 428.77
0942 TPX COMMUNICATION 334.53
APBWEST Check 188614425-0 12/23/25 - 1/22/26 PHONE SERVICE 2aea2045-53ac-4058-bfd0-b3d2009a73e3
60003.30000.55005 334.53
0642 VERIZON WIRELESS LA 3,266.30
APBWEST Check 6131999205 960051887-00001 12/26/25 - 1/25/25 d5fdcec7-6de1-4a4b-8484-b3d101227322
60003.30000.55005 3,266.30
10 1/20/2026 9:26:28 AM Page 2 of 3
Report Total: 102,855.75
11 1/20/2026 9:09:14 AM Page 1 of 2
Check Approval Register
City of Sierra Madre, CA
APPKT08496 - LIB 1/27/26 Check Date: 01/20/2026
01 - Vendor Set 01
Packet:
Vendor Set:
Bank Code Payment Type Invoice # Invoice Description Account Number Distribution Amount Vendor Number Vendor Name Vendor Total
VEN03454 AMAZON CAPITAL SERVICES 52.45
APBWEST Check 1L3W-L1TF-F9NC MISC SUPPLIES 12/25/25 - 1/4/26 ceb37d1f-2e5c-40d0-a480-b3d200f5617e
39006.90000.53406 38.11
1RVP-X7CC-4PCR MISC SUPPLIES - CREDIT
5fa0d535-36e9-44db-b8af-b3d200f4b834
39006.90000.53406 -22.08
1TTK-WDTK-44GW MISC SUPPLIES 12/8/25 - 12/21/25
9b54e8de-5a99-4df6-ae39-b3d200f51e3e
39006.90000.53406 36.42
VEN04448 AMG AND ASSOCIATES INC 355,920.89
APBWEST Check AP15 LIB MEANINGFUL IMPROVE. PROJ 12/31/25 6d034944-a634-4d57-906d-b3d40092fd91
29007.90000.56010 374,653.57
AP15 RET LIB MEANINGFUL IMPROVE. PROJ 12/31/25 RET
157c50a1-9daf-4c1b-89f1-b3d200ef03a0
29007.00000.23500 -18,732.68
VEN04560 INGRAM LIBRARY SERVICE LLC 3,156.70
APBWEST Check 92557888 BOOKS & REFERENCE
8954daf2-867d-4d79-870b-b3d201109137
10000.90000.53406 99.81
92570837 BOOKS & REFERENCE
688ca9a8-9864-4566-9d75-b3d20110b43d
10000.90000.53406 103.07
92696313 BOOKS & REFERENCE
e230f1ba-e335-4493-bed1-b3d20110da21
10000.90000.53406 43.81
92708307 BOOKS & REFERENCE
fd40e008-3b9e-42c3-81f8-b3d20117b715
10000.90000.53406 287.69
92745767 BOOKS & REFERENCE
8109e482-b0e7-4b01-b714-b3d20117e477
10000.90000.53406 115.08
92844330 BOOKS & REFERENCE
a8f3bc95-814c-4fa1-a4b6-b3d2011809f1
10000.90000.53406 64.68
92890318 BOOKS & REFERENCE
71a46f05-ddf4-4f1d-b73a-b3d201182afe
10000.90000.53406 238.46
92961093 BOOKS & REFERENCE
eed6b370-95b4-4e9c-8129-b3d201184ee2
10000.90000.53406 109.75
93055077 BOOKS & REFERENCE
b07e8c38-ef52-4cf1-91dc-b3d201187eaf
10000.90000.53406 32.19
93076852 BOOKS & REFERENCE
0d3f8585-e996-4663-903c-b3d201189c89
10000.90000.53406 27.56
93168038 BOOKS & REFERENCE
c8868428-c921-4099-86a2-b3d20118c5d4
10000.90000.53406 26.71
93168039 BOOKS & REFERENCE
8b34c215-092c-4c5b-bab5-b3d20116c8bb
10000.90000.53406 21.42
93177816 BOOKS & REFERENCE
0a8618c1-8a04-4fec-a146-b3d20118efb0
10000.90000.53406 272.13
93244897 BOOKS & REFERENCE
9e1e7402-6d33-43b4-9169-b3d2011713de
10000.90000.53406 28.23
93366557 BOOKS & REFERENCE
084493f0-adf3-4877-a158-b3d2011731d5
10000.90000.53406 88.88
93366558 BOOKS & REFERENCE
601d0b1d-0493-40ea-9c69-b3d201175886
10000.90000.53406 363.84
93366559 BOOKS & REFERENCE
ecf0b5a7-032e-4471-8281-b3d201101f5d
10000.90000.53406 144.22
93401942 BOOKS & REFERENCE
e48e94c6-3692-44d8-8835-b3d201107279
10000.90000.53406 153.19
93439784 BOOKS & REFERENCE
0631948c-2715-4a9a-8126-b3d2010fef17
10000.90000.53406 48.12
93486783 BOOKS & REFERENCE
16b5e401-8875-4b12-821b-b3d2010fa750
10000.90000.53406 352.37
93486784 BOOKS & REFERENCE
d5d9706d-4f13-468a-9f52-b3d20116a52b
10000.90000.53406 492.21
93587458 BOOKS & REFERENCE
7b294471-efc7-484c-9206-b3d201104a4d
10000.90000.53406 43.28
VEN04268 KING OFFICE SERVICES 1,792.00
APBWEST Check 89731-028 LIB MAT STORAGE FEES DURING REMODEL 1/6/26-2/5/26 e977ca9d-eb82-4d36-87fd-b3d40092fd96
29007.90000.56010 1,792.00
VEN04544 LIBRARY IDEAS LLC 528.77
APBWEST Check 120893 LIB VOX BOOKS
fce0fa33-abbe-43e7-a7fb-b3d2011a9742
39006.90000.53406 430.29
122366 LIB VOX BOOKS
e8abc3ad-1358-4544-b961-b3d201190dc0
39006.90000.53406 98.48
VEN01043 OVERDRIVE INC 4,979.78
APBWEST Check 01148CO25403163 EBOOK/AUDIOBOOK
54b0a93c-bb91-46e3-bddd-b3d2011ac3ee
39006.90000.53406 1,479.78
H-0119737 ANNUAL SUBSCRIPTION: 2026
6d24ac63-243d-4ac1-a798-b3d40092fd9b
10000.90000.52200 3,500.00
VEN03926 T-MOBILE 179.65
APBWEST Check INV043186 206696591 11/21/25 - 12/20/25 MOBILE HOTSPOT SRVC 7cea2601-bb20-4dfc-860d-b3d2011ca2e4
10000.90000.52200 179.65
VEN04209 TSK ARCHITECTS 8,745.00
APBWEST Check 23-025.00-30 DEC 2025 ARCHITECTURAL & ENGINEERING - LIB PROJ. 3162f841-a2f8-4858-8721-b3d40092fd4a
29007.90000.56010 8,745.00
0425 WILLDAN ASSOCIATES 520.00
APBWEST Check 002-35599 9/3/25 LIB - FIRE INSPECTION SERVICES 0840e837-8441-4f20-9772-b3d3010a24ea
29007.90000.56010 130.00
002-36613 12/3/25 LIB - FIRE INSPECTION SERVICES
501f62b2-6d8f-4ee9-948e-b3d3010a9b2c
29007.90000.56010 390.00
Report Total: 375,875.24
12 1/20/2026 9:16:37 AM Page 1 of 2
Check Approval Register
City of Sierra Madre, CA
APPKT08478 - LIB BOA MAN 1/27/26 Check Date: 01/12/2026 01 - Vendor Set 01
Packet:
Vendor Set:
Bank Code Payment Type Invoice # Invoice Description Account Number Distribution Amount Vendor Number Vendor Name Vendor Total
0823 BANK OF AMERICA 1,390.32
APBWEST Check INV042990 LR - EMPLOYEE RECONGNITION
c8555477-cf53-4e34-a2a8-b3cb0118d317
10000.90000.53999 292.89
INV042993 LR - PROGRAM SUPPLIES
d6c323a9-75c1-4e16-9b19-b3cc00c3e7f5
39006.90000.53999 74.79
INV042994 LR - WATER DELIVERY SERVICE
4c3a485f-777d-4ab5-b59d-b3cc00c44715
10000.90000.52200 112.77
INV042995 LR - EMPLOYEE RECONGNITION
0616d3a4-7be4-4390-9e4f-b3cc00c47a2c
10000.90000.53999 36.00
INV042996 LR - PUBLIC WEB BROWSER SITE RENEWAL
e96c8430-1baf-4777-a99d-b3cc00c4a9b6
10000.90000.52200 125.00
INV042997 LR - FINANCE TRAINING WEBINAR - CREDIT
d381dcf2-586b-4ec0-8adc-b3cc00c4dc20
10000.90000.53402 -35.00
INV042998 LR - BOOKS AND REFERENCE
c21f3a39-048a-451a-a04c-b3cc00c511c1
10000.90000.53406 20.98
INV042999 LR - LAMINATION FOR STORY WALK
98b33b99-3ac6-497a-91bf-b3cc00c53fa5
39002.90000.53999 27.62
INV043000 LR - FOOKS FOR CHILDREN'S COLLECTION
1ad87346-81ae-40f2-9987-b3cc00c566a7
10000.90000.53406 43.28
INV043001 LR - ICLOUD STORAGE FOR IPADS
efb2ca5a-8c2c-441c-a6c8-b3cc00c59c7a
10000.90000.52200 0.99
INV043002 LR - MOVIE STREAMING SERVICE
da14e1c0-b5fd-4110-9285-b3cc00c5ce62
10000.90000.52200 691.00
Report Total: 1,390.32
13 14
15 16
CITY OF
SIERRA MADRE STAFF REPORT
PUBLIC WORKS SERVICES
DATE: January 27. 2026
TO: Honorable Mayor and City Council
FROM: Miguel Hernandez, Assistant City Manager/Interim Public Works Director By: Erick Lozick, Management Analyst
SUBJECT: San Gabriel Valley Municipal Water District Grant and Implementation of an Acoustic Leak Detection Program
RECOMMENDATION
It is recommended that the City Council acknowledge receipt of a $50,000 grant from the San Gabriel Valley Municipal Water District (SGVMWD) and authorize implementation of an acoustic leak detection program funded by the grant.
SUMMARY
The City has been awarded a $50,000 grant from the San Gabriel Valley Municipal Water District to enhance monitoring of the City’s water distribution system through the installation of permanent acoustic leak detection equipment. Grant funds will be used to purchase acoustic leak loggers and the required monitoring software to support early identification of leaks, reduce nonrevenue water loss, and help avoid costly emergency repairs. The project will be funded entirely by grant proceeds and will have no impact on the General Fund.
DISCUSSION & ANALYSIS
Sierra Madre’s water distribution system serves varied terrain, including hillside and canyon areas, where underground leaks may not be readily apparent through surface observation alone.
Permanent acoustic leak loggers provide continuous monitoring during low-demand nighttime hours, enabling staff to detect small leaks early and address them before they escalate into larger failures.
Early detection of leaks provides multiple operational benefits, including reduced water loss, improved system reliability, and avoidance of emergency main breaks that typically result in higher repair costs, roadway impacts, and service disruptions. Addressing minor leaks proactively is significantly more cost-effective than responding to major failures after they occur.
San Gabriel Valley Municipal Water District Grant
January 27, 2026
Public Works evaluated multiple acoustic monitoring systems and received formal quotations.
The recommended Aqua Metrics solution utilizes Permalog and acoustic loggers that integrate directly with the City’s existing Sensus FlexNet communications network and Sensus Analytics platform. This integration allows acoustic monitoring data to be viewed within the same dashboard already used by the Public Works Department for water system operations, improving efficiency and minimizing the need for additional standalone systems. While alternative systems could provide more units, the recommended solution prioritizes system reliability, integration, and operational effectiveness in the City’s service areas.
The total project cost includes required acoustic monitoring software, which provides automated analysis, alerting, historical trending, and mapping functionality. Staff determined that the benefits of early leak detection, reduced water loss, and improved operational efficiency justify the investment within the grant funding limit.
STRATEGIC PLAN RELATIONSHIP
Not applicable.
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute as a project under the California Environmental Quality Act (“CEQA”), based on Section 15061(b)(3) of the CEQA Guidelines, as it can be determined with certainty that it will have no impact on the environment.
FISCAL IMPACT
The total project cost will not exceed $50,000 and will be funded entirely by a grant awarded by the San Gabriel Valley Municipal Water District. Project expenditures will be initially paid by the City and recorded to Fund 71002 – SGVMWD Grant, GL Account No. 71002-81100-56009 (Equipment). If approved, the budget amendment will be included in the FY 2025-26 midyear budget.
Approved by:
___________________________
Michael Bruckner
City Manager
San Gabriel Valley Municipal Water District Grant
January 27, 2026
Attachment(s):
1. SGVMWD Grant Agreement
2. SGVMWD Grant Application
{155129/000/00678453-1 } - 1 -
GRANT AGREEMENT
As of November 24, 2025, San Gabriel Valley Municipal Water District, herein “Water District,” and City of Sierra Madre, herein “City” agree as follows:
1. Purpose.
This Agreement sets forth the terms under which the Water District shall grant money to the City and under which the City shall spend the grant.
2. Project Identification.
The grant money shall be used by the City to expand the City’s acoustic leak detection system (the “Project”).
3. Grant Amount.
The Water District shall grant the City the sum of $50,000.00 (the “Grant Amount”). The money shall be disbursed to the City by the Water District within thirty days after the City presents an invoice to the Water District for work on the Project in an amount up to the Grant Amount. The Grant Amount shall not be increased if the associated Project costs exceed the above amount.
4. Division of Responsibility.
(a) Water District is only responsible for providing the City with the grant in accordance with this Agreement. The Water District is not responsible for the design, construction, operation or maintenance of the Project.
5. Warranties.
(a) The Water District makes no warranty with respect to the efficacy of the Project.
(b) The City warrants the Grant Amount shall be used exclusively to pay for portions of the Project.
Docusign Envelope ID: 42078A98-97BB-4E6E-9C91-522BFA929517 {155129/000/00678453-1 } - 2 -
6. Time for Performance; Reporting.
Time for performance shall begin after the date first above written and the City shall use its best efforts to complete the Project by June 30, 2026. On or before June 1, 2026, the City shall provide the Water District with a written report on the status of completion of the Project and, if the Project has been completed, on the effectiveness of the Project in achieving its purpose.
7. Indemnity.
The City shall save and hold the Water District, its officers, agents and employees, free and harmless from any and all costs, liability or damages arising out of any act or omission to act, including any negligent act or omission to act (where there is a duty to act) by the City, its officers, agents or employees in connection with this Agreement, except to the extent caused by the sole negligence or willful misconduct of Water District, its officers, agents or employees.
8. Miscellaneous.
(a) In an action brought to enforce this Agreement, the prevailing party shall be entitled to recover from the other reasonable costs of suit and attorney fees. Both parties agree to arbitration of disputes concerning this Agreement as an alternative to court action. (b) Notices given pursuant to the provisions of this Agreement, or necessary to carry out its provisions, shall be in writing and delivered personally to the person to whom the notice is to be given; mailed postage prepaid, addressed to such person; sent by overnight delivery by a nationally-recognized overnight courier; or sent by e-mail, with receipt confirmed in writing or telephonically. Addresses for this purpose shall be:
Water District: San Gabriel Valley Municipal Water District Attn: Jose Reynoso, General Manager
1402 N. Vosburg Drive (P.O. Box 1299)
Azusa, CA 91702-1299
[email protected]
(626) 969-7911
City: City of Sierra Madre
Attn: Eric Lozick, Management Analyst
232 West Sierra Madre Blvd.
Sierra Madre, CA 91024
(626) 355-7135
Docusign Envelope ID: 42078A98-97BB-4E6E-9C91-522BFA929517 {155129/000/00678453-1 } - 3 -
IN WITNESS WHEREOF, the parties hereby have caused this Agreement to be executed the date first above written.
APPROVED: APPROVED:
San Gabriel Valley City of Sierra Madre
Municipal Water District
By: By:
Steven T. Placido, President Michael Bruckner, City Manager Attest: Attest:
By:
Bruce Knoles, Secretary Laura Aguilar, City Clerk
[Seal] [Seal]
Approved as to Form: Approved as to Form:
By:
James D. Ciampa, District Counsel Aleks Giragosian, City Attorney Docusign Envelope ID: 42078A98-97BB-4E6E-9C91-522BFA929517 12/2/2025
12/3/2025
12/3/2025
City of Sierra Madre
TO:
FROM:
DATE:
Jose Reynoso, General Manager
Eric Lozick, Management Analyst
September 15, 2025
SAN GABRIEL VALLEY MUNICIPAL WATER DISTRICT FY 2025 CITY GRANT
PROGRAM
Project title: Expansion of acoustic leak detection program
1. Project Summary
The City of Sierra Madre requests $50,000 through SGVMWD’s FY 2025 City Grant Program to expand its acoustic leak detection program. The City already operates a small number of acoustic loggers that have proven effective in identifying underground distribution main leaks before they surface. With grant funding, Sierra Madre will purchase additional permanent, cloud-enabled loggers to cover high-priority corridors with recurring leaks, increasing system coverage, reducing water loss, and supporting long-term conservation and resiliency.
2. Background and Need
• Sierra Madre relies exclusively on groundwater from the East Raymond Basin, supplemented with imported water as needed.
• The City’s distribution system includes older, high-pressure mains prone to frequent leaks and costly breaks.
• While Sierra Madre has Automated Metering Infrastructure (AMI) for customers, the City’s system-side mains beneath the streets remain vulnerable. • Current logger inventory is too limited to monitor all problem zones. Expanding coverage will allow Public Works to respond proactively, reduce non-revenue water loss, and prioritize capital improvements.
3. Project Description
The City will purchase 10–12 additional permanent, cellular-enabled acoustic loggers with bundled cloud platform access. These will be strategically deployed in high-risk corridors with repeated leak history:
Docusign Envelope ID: 42078A98-97BB-4E6E-9C91-522BFA929517 • Woodland Drive (high-pressure zone, top CIP priority) • North Lima Street
• West Carter Avenue
• West Grandview Avenue
• North Sunnyside Avenue
How it works:
• Loggers attach to hydrants and valves; no excavation or service interruption is required.
• Devices transmit acoustic data directly to a secure vendor cloud platform. • The system automatically alerts Public Works staff by email/SMS when leak signatures are detected.
• Staff investigate and schedule repairs before leaks escalate into main breaks. • Over time, the logger network creates a heat map of leak activity, guiding main replacement planning and budgeting.
4. Goals and Objectives
• Expand monitoring to five additional high-risk corridors. • Detect and repair leaks early, reducing non-revenue water loss. • Prevent costly emergency blowouts and street damage.
• Improve service reliability for residents and businesses. • Strengthen data-driven CIP planning.
• Support SGVMWD’s regional conservation and resiliency goals.
5. Work Plan and Timeline
• Fall 2025: Purchase loggers, execute vendor contract. • Winter 2025: Install loggers and train Public Works staff. • 2026–2027: Continuous monitoring, leak alerts, reporting of water savings, and avoided emergency costs.
• Summer 2027: Report results and evaluate potential for further expansion.
6. Budget (Grant Request: $50,000)
Item Quantity Unit Cost Total
Permanent Acoustic Loggers (cellularenabled) 10–12 $4,000– $4,500
$45,000–
$48,000
Cloud Software Access (2 years, bundled) — included included Staff Training / Vendor Support — — $2,000
Total — — $50,000
Docusign Envelope ID: 42078A98-97BB-4E6E-9C91-522BFA929517
7. Expected Outcomes
• Expanded monitoring to cover additional hot spots in Sierra Madre. • Reduction in non-revenue water losses (estimated 10–20% savings in monitored zones).
• Avoidance of $15,000–$50,000 per major emergency main break. • Stronger data-driven prioritization of water main replacements. • Long-term sustainability: after the 2-year bundled service, the City will absorb the modest annual subscription cost ($2,000–$6,000) into the Water Fund.
8. Contact Information
Applicant Agency: City of Sierra Madre
Contact: Eric Lozick, Management Analyst
Address: 232 W. Sierra Madre Blvd., Sierra Madre, CA 91024 Phone: (626) 355-7135
Email: [email protected]
Docusign Envelope ID: 42078A98-97BB-4E6E-9C91-522BFA929517
CITY OF
SIERRA MADRE STAFF REPORT
PUBLIC WORKS SERVICES
DATE: January 27, 2026
TO: Honorable Mayor and City Council
FROM: Miguel Hernandez, Assistant City Manager/Interim Public Works Director By: Brian A Dickinson, Public Works Project Manager
SUBJECT: Professional Services Agreements with Willdan, Civiltec Engineering, Transtech Engineers, and IMEG for On-Call Engineering Services for the remainder of Fiscal Year 2025/26 and for FY 2026/27 through Fiscal Year 2028/29
RECOMMENDATION
It is recommended that the City Council approve Professional Services Agreements with the following consulting engineering firms for On-Call Engineering Services for the remainder of Fiscal Year 2025/26 and for Fiscal Years 2026/27 through 2028/29, with the option for two (2) one-year renewals at the City’s discretion:
Civiltec Engineering – Not-to-Exceed $200,000
Willdan – Not-to-Exceed $200,000
Transtech Engineers – Not-to-Exceed $200,000
IMEG – Not-to-Exceed $200,000
SUMMARY
Historically, when the City required professional engineering services for capital improvement or maintenance projects, the Public Works Department prepared and issued a separate Request for Proposals (RFP) for each individual project. Following receipt of proposals, a contract would be awarded to the most qualified firm and brought forward to the City Council for approval. This process required significant staff time to prepare and advertise RFPs and typically resulted in a six- to eight-week timeline before design work could begin.
Establishing On-Call Engineering Services agreements with qualified firms will allow the City to streamline the procurement process, reduce administrative delays, and efficiently deliver public infrastructure projects.
Professional Services Agreements for On-Call Engineering Services January 27, 2026
DISCUSSION & ANALYSIS
On November 19, 2025, the Public Works Department advertised a Request for Proposals for OnCall Engineering Services. Proposals were received from ten (10) qualified engineering firms by the December 17, 2025 deadline.
The Public Works Department conducted a thorough evaluation of all proposals based on criteria that included firm qualifications, relevant municipal experience, project approach, and demonstrated ability to meet the City’s needs. The firms were ranked as follows:
FIRM COMPOSITE SCORE
Willdan 26.60
Civiltec Engineering 26.57
Transtech Engineers 25.68
IMEG 24.01
RKA Consulting 23.49
SA Associates 22.72
Aufbau 21.37
Alisto 20.27
Valued Engineering 19.59
West & Associates 18.03
Based on the evaluation results, it is recommended to award a Professional Services Agreement to the top four (4) ranked firms in an amount not-to-exceed $200,000 for each firm. By awarding On-Call Engineering Services agreements to these firms, the Public Works Department will be able to quickly issue Task Orders for a variety of projects, including but not limited to pavement rehabilitation, sidewalk improvements, pipeline replacement, and other capital or maintenancerelated infrastructure projects.
In addition, these firms may provide as-needed support services such as Public Works plan check review, project or construction management, and traffic engineering studies. This on-call approach will significantly reduce project initiation timelines and improve overall service delivery. Task Orders will be issued up to the City Manager’s signature authority of $75,000 for engineering work. If the Task Order is for an amount greater than the City Manager’s signature authority, the Task Order will be brought back before City Council for authorization.
STRATEGIC PLAN RELATIONSHIP
The recommended action supports the City’s Strategic Plan by advancing the following goals:
IG 1.4: Improve and Maintain Sidewalks
Professional Services Agreements for On-Call Engineering Services January 27, 2026
IG 1.5: Improve and Maintain Streets, Infrastructure, and Growth Management
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a “project” under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), as it can be seen with certainty that the approval of on-call professional services agreements will not result in a direct or reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
Approval of the recommended Professional Services Agreements establishes not-to-exceed contract amounts but does not, by itself, authorize specific expenditures. Costs associated with engineering services for identified and budgeted Capital Improvement Projects will be funded through the approved budgets for those projects, totaling $335,000 in the remaining Fiscal Year 2025/26.
For non-identified projects, including emergency-related work and plan check services, funding for Fiscal Year 2025/26 will be provided from existing Public Works operating and engineering services accounts. Funding for Fiscal Years 2026/27 through 2028/29 will be budgeted accordingly through the annual budget process. There is no additional impact to the General Fund beyond amounts already budgeted or anticipated in future fiscal years.
Approved by:
___________________________
Michael Bruckner
City Manager
Attachment(s):
1. RFP Score Ranking Sheet
2. Professional Services Agreement with Willdan
3. Professional Services Agreement with Civiltec Engineering
4. Professional Services Agreement with Transtech Engineers
5. Professional Services Agreement with IMEG
Alisto Aufbau Civiltec IMEG RKA Consulting SA Associates Transtech Valued
Engineering West & Associates Willdan
8 8 9.5 8.5 8.5 8 8.5 6 7 9
Weight 35% 2.8 2.8 3.325 2.975 2.975 2.8 2.975 2.1 2.45 3.15 7 6 9 8.5 8.5 7.5 8.5 6 6.5 8.75
Weight 25% 1.75 1.5 2.25 2.125 2.125 1.875 2.125 1.5 1.625 2.1875 6 8 9 7.5 8.25 8 8 7 6 9
Weight 15% 0.9 1.2 1.35 1.125 1.2375 1.2 1.2 1.05 0.9 1.35 Overall Quality of Proposal 7 8 8.75 8.5 8 7.5 8.75 7 7 8.5 Weight 15% 1.05 1.2 1.3125 1.275 1.2 1.125 1.3125 1.05 1.05 1.275 Cost 8 8 8.25 7.5 8.5 8 8.5 7.5 6.5 8.75
Weight 10% 0.8 0.8 0.825 0.75 0.85 0.8 0.85 0.75 0.65 0.875
7.3 7.5 9.0625 8.25 8.3875 7.8 8.4625 6.45 6.675 8.8375 7 7.3 8.8 8.5 7.5 8 9 6.5 6.8 9.5
Weight 35% 2.45 2.555 3.08 2.975 2.625 2.8 3.15 2.275 2.38 3.325 7 7 8.5 8.5 7.3 7.8 9 6.3 6.8 9.5
Weight 25% 1.75 1.75 2.125 2.125 1.825 1.95 2.25 1.575 1.7 2.375 8 7.5 8.8 9 7.5 8 8.5 6.5 7 9.5
Weight 15% 1.2 1.125 1.32 1.35 1.125 1.2 1.275 0.975 1.05 1.425 Overall Quality of Proposal 7 7 8.5 8.5 7.3 7.8 8.5 6.3 6.8 9 Weight 15% 1.05 1.05 1.275 1.275 1.095 1.17 1.275 0.945 1.02 1.35 Cost 5.5 7.5 7.5 7.5 8 7.5 7.5 9 8.5 6.5
Weight 10% 0.55 0.75 0.75 0.75 0.8 0.75 0.75 0.9 0.85 0.65 7 7.23 8.55 8.475 7.47 7.87 8.7 6.67 7 9.125
5.5 6.5 9.3 7 7.8 7 8.5 6 4 8.5
Weight 35% 1.925 2.275 3.255 2.45 2.73 2.45 2.975 2.1 1.4 2.975
5.5 6.5 9.2 7.5 7.8 7.2 8.5 6.5 3 8.8
Weight 25% 1.375 1.625 2.3 1.875 1.95 1.8 2.125 1.625 0.75 2.2 6 6.5 9.2 8 8 7.5 9 6.5 4 9.5
Weight 15% 0.9 0.975 1.38 1.2 1.2 1.125 1.35 0.975 0.6 1.425 Overall Quality of Proposal 6 6.5 9 7.5 7.5 7 8.5 6 4 8.5 Weight 15% 0.9 0.975 1.35 1.125 1.125 1.05 1.275 0.9 0.6 1.275 Cost 8.7 7.9 6.7 6.3 6.3 6.2 7.9 8.7 10 7.6
Weight 10% 0.87 0.79 0.67 0.63 0.63 0.62 0.79 0.87 1 0.76
5.97 6.64 8.955 7.28 7.635 7.045 8.515 6.47 4.35 8.635
20.5 21.8 27.6 24 23.8 23 26 18.5 17.8 27
Weight 35% 7.175 7.63 9.66 8.4 8.33 8.05 9.1 6.475 6.23 9.45
19.5 19.5 26.7 24.5 23.6 22.5 26 18.8 16.3 27.05
Weight 25% 4.875 4.875 6.675 6.125 5.9 5.625 6.5 4.7 4.075 6.7625 20 22 27 24.5 23.75 23.5 25.5 20 17 28
Weight 15% 3 3.3 4.05 3.675 3.5625 3.525 3.825 3 2.55 4.2 Overall Quality of Proposal 20 21.5 26.25 24.5 22.8 22.3 25.75 19.3 17.8 26 Weight 15% 3 3.225 3.9375 3.675 3.42 3.345 3.8625 2.895 2.67 3.9 Cost 22.2 23.4 22.45 21.3 22.8 21.7 23.9 25.2 25 22.85
Weight 10% 2.22 2.34 2.245 2.13 2.28 2.17 2.39 2.52 2.5 2.285
20.27 21.37 26.5675 24.005 23.4925 22.715 25.6775 19.59 18.025 26.5975 Sierra Madre Evaluation Team Scoring & Ranking of Proposals Request for Proposal (RFP), Issued on
On-Call Engineering Services
Scope of Work
Brian
Group Score
# of Evaluators: 3
Total Weighted Points (100%)
Eric
Scope of Work
Experience/Qualifications
Total Weighted Points (100%)
Work Plan
Total Weighted Points (100%)
Scope of Work
Over All Group Score
Work Plan
Experience/Qualifications
Steven
Scope of Work
Work Plan
Experience/Qualifications
Work Plan
Experience/Qualifications
Total Weighted Points (100%)
1 PROFESSIONAL SERVICES AGREEMENT FOR DESIGN PROFESSIONALS (City of Sierra Madre / Willdan)
1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Sierra Madre, a California municipal corporation (“City”), and _Willdan___________________________, a Corporation ______________ (“Consultant”).
RECITALS
2.1. City has determined that it requires the following professional services from a consultant:
The City of Sierra Madre is requesting proposals from professional engineering consultants to provide a full range of services on an as needed basis including Design Engineering, Construction Management, Design Plan Check, Surveying, Right-of-Way Acquisition (with legal descriptions and appraisals).
2.2. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
2.3. Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
DEFINITIONS
3.1. “Design Professional”: A Design Professional is any individual satisfying one or more of the following: (1) licensed as an architect pursuant to Business and Professions Code 5500 et seq., (2) licensed as a landscape architect pursuant to Business and Professions Code 5615 et seq., (3) licensed as a professional land surveyor pursuant to Business and Professions Code 8700 et seq., or (4) registered as a professional engineer pursuant to Business and Professions Code 6700 et seq.
3.2. “Scope of Services”: Such professional services as are set forth in Consultant’s ____________________________proposal to City attached hereto as Exhibit A and incorporated herein by this reference.
2 3.3. “Agreement Administrator”: The Agreement Administrator for this project is Brian A Dickinson. The Agreement Administrator shall
be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator.
The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant
3.4. “Approved Fee Schedule”: Consultant’s compensation rates are set forth in the fee schedule attached hereto as Exhibit B and incorporated herein by this reference.
This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.
3.5. “Maximum Amount”: The highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is Two Hundred Thousand Dollars ($200,000).
3.6. “Commencement Date”: _____________________.
3.7. “Termination Date”: June 30, 2029______________
TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 18 (“Termination”) below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.
CONSULTANT’S DUTIES
5.1. Services. Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.
5.2. Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.
5.3. Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.
3 5.4. Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.
5.5. Professional Standards. Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).
5.6. Campaign Contributions. This Agreement is subject to Government Code Section 84308, as amended by SB 1439. Consultant shall disclose any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party’s agent. Consultant shall provide a signed copy of the attached Campaign Contribution Disclosure Form to the City prior to, or concurrent with, the Consultant’s execution of this Agreement.
5.7. Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with performance under this Agreement. However, City may consent in writing to Consultant’s performance of such work.
5.8. Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. _______________________________ shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.
5.9. Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause.
5.10. Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.
5.11. Notification of Organizational Changes. Consultant shall notify the Agreement 4 Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.
5.12. Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
5.13. Skilled and Trained Workforce Requirement. When the use of a skilled and trained workforce is required to complete a contract pursuant to existing law, this contract is subject to such requirement and Contractor agrees to use a skilled and trained workforce.
SUBCONTRACTING
6.1. General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.
6.2. Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.
6.3. Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.
COMPENSATION
7.1. General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services. Compensation shall not exceed the Maximum Amount. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.
7.2. Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, 5 the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification or position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.
7.3. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.
7.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.
7.5. Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the City.
7.6. City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.
7.7. Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 11, City shall have the right to withhold payments under this Agreement to offset that amount.
PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including the design and preconstruction phases of a covered public works project. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.
RELATIONSHIP OF PARTIES
10.1. General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.
6 10.2. No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.
10.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.
10.4. Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
INDEMNIFICATION
11.1. Definitions. For purposes of this Section 11, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “City” shall include City, its officials, officers, agents, employees and volunteers.
11.2. Consultant to Indemnify City. Where the services to be provided by Consultant under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then Consultant’s indemnification and defense obligations shall be reduced in proportion to the established 7 comparative liability of the City and shall not exceed Consultant’s proportionate percentage of fault.
11.3. As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, and to the full extent permitted by law, Consultant agrees to indemnity, defend and hold harmless the City, its officers, officials, agents, employees, and volunteers from and against any claims, demands, losses, liability of any kind or nature (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses 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) where the same arise out of, are in connection with, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant, excepting those which arise out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers.
11.4. Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole active negligence or willful misconduct of the City. If it is finally adjudicated that liability is caused by the comparative negligence or willful misconduct of an indemnified party, then Consultant’s indemnification obligation shall be reduced in proportion to the established comparative liability.
11.5. Attorneys Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of City’s choice, expert fees and all other costs and fees of litigation.
Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.
11.6. Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.
11.7. Waiver of Statutory Immunity. The obligations of Consultant under this Section 11 are not limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City.
11.8. Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf.
11.9. Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. 8 Consultant’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
11.10. Civil Code. The parties are aware of the provisions of Civil Code 2782.8 relating to the indemnification and the duty and the cost to defend a public agency by a Design Professional and agree that this Section 11 complies therewith.
INSURANCE
12.1. Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.
12.2. Documentation of Insurance. City will not execute this agreement until it has received a complete set of all required documentation of insurance coverage.
However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
• Certificate of Insurance, indicating companies acceptable to City, with a Best’s Rating of no less than A:VII showing. The Certificate of Insurance must show the City, its City Council, Commissions, officers, and employees of Sierra Madre as additional insured parties.
The Certificate of Insurance must include the following reference:
_______________________________________________________ ________________________________________________________ ________
• Documentation of Best’s rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement.
• Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.
12.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $1,000,000 per occurrence $2,000,000 aggregate
• General Liability:
• General Aggregate: $2,000,000
• Products Comp/Op Aggregate $2,000,000
• Personal & Advertising Injury $1,000,000
• Each Occurrence $1,000,000
• Fire Damage (any one fire) $ 50,000
• Medical Expense (any 1 person)$ 5,000
9 • Workers’ Compensation:
• Workers’ Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
• Automobile Liability
• Any vehicle combined single limit
$1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the City as additional insured. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured
12.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form. Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.
12.5. Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers’ Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.
12.6. Automobile Liability Insurance. Covered vehicles shall include owned if any, non-owned, and hired automobiles and, trucks.
12.7. Professional Liability Insurance or Errors & Omissions Coverage. The deductible or self-insured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. Coverage shall be continued for two years after the completion of the work by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.
12.8. Claims-Made Policies. If any of the required policies provide coverage on a claims-made basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase 10 “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
12.9. Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees of Sierra Madre must be endorsed as an additional insured for each policy required herein, other than Professional Errors and Omissions, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be non-contributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.
12.10. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.
12.11. Notices. Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased.
Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of Sierra Madre, Attn: Brian A Dickinson, 232 W.
Sierra Madre Blvd., Sierra Madre, CA 91024.
12.12. Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City.
Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
12.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.
12.14. Report of Claims to City. Consultant shall report to the City, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant’s insurer in connection with the services under this Agreement. 11 12.15. Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement.
12.16. City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to City’s approval.
12.17. Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration or early termination of this Agreement.
MUTUAL COOPERATION
13.1. City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.
13.2. Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.
NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, electronic mail or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).
If to City
Brian A Dickinson
City of Sierra Madre
_____________________________
232 W. Sierra Madre Blvd. Sierra
Madre, CA 91024
Telephone: (626) 355-7135
Email: [email protected]
If to Consultant
Name: _________________________________
Address: _______________________________
______________________________________
Telephone: _____________________________
Email: ________________________________
With courtesy copy to:
Aleks R. Giragosian, Esq.
Sierra Madre City Attorney
Colantuono, Highsmith & Whatley,
PC 790 E. Colorado Blvd., Ste. 850
Pasadena, Angeles, CA 91101
Telephone: (213) 542-5700
12 Email: [email protected]
SURVIVING COVENANTS
The parties agree that the covenants contained in paragraph 5.11 (Records), paragraph
10.4 (Indemnification of CalPERS Determination), Section 11 (Indemnity), paragraph 12.8 (Claims-Made Policies), paragraph 13.2 (Consultant Cooperation in Defense of Claims), paragraph 12.13 (Waiver of Subrogation), paragraph 12.6 (Automobile Liability Insurance), Section 15 (Surviving Covenants), Section 17 (Interpretation of Agreement), and Section 18 (General Provisions) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.
TERMINATION
16.1. City Termination. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.
16.2. Consultant Termination. Consultant may terminate this Agreement for a material breach by the City of this Agreement upon 30 days’ notice.
16.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.
16.4. Remedies. City retains any and all available legal and equitable remedies for Consultant’s breach of this Agreement.
INTERPRETATION OF AGREEMENT
17.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.
17.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the provisions of this Agreement and its exhibits, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Consultant.
17.3. Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between 13 such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.
17.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).
17.5. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
17.6. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.
GENERAL PROVISIONS
18.1. Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.
18.2. Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
18.3. Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written 14 consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.
18.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.
18.5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.
18.6. Time of the Essence. Time is of the essence for each and every provision of this Agreement.
18.7. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation.
Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.
18.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.
18.9. Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
18.10. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.
18.11. Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs expended in the action. 15 18.12. Venue. The venue for any litigation shall be Los Angeles County, California and Consultant hereby consents to jurisdiction in Los Angeles County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.
18.13. Counterparts; Electronic Signatures. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed or emailed versions of an original signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature.
16 TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “CITY” “CONSULTANT”
City of Sierra Madre
Authorized Signatories:
Signature: Signature:
Printed:
Printed:
Title: Title:
Date: Date:
Attest:
Signature: Printed:
Title: City Clerk
Date:
Approved as to Form:
Signature: Printed:
Title: City Attorney
Date:
17 EXHIBIT A
SCOPE OF SERVICES
1.1 Engineering Design
The consultant will be expected to deliver completed and approved design assignments on or ahead of approved schedules. All designs shall be prepared and submitted in a manner that ensures a complete design approved by the City. The consultant must be proactive and knowledgeable of the design, environmental, and funding requirements of the project. They must be an advisor, advocate, and produce a product with the best interest intended for the City within the required schedule and project budget. The scope of work for all design projects includes conducting ground and/or aerial survey as necessary to facilitate preparation of the design; preparing cross sections, topographic surveys, and culture surveys; conducting right-of-way research and preparing legal descriptions; prepare signing, striping, detour, and traffic control design; coordinating geotechnical investigations and soils analysis reports; coordinating design and approvals with other agencies; conducting existing utility research and coordinate relocations; prepare and process environmental clearances; process plans and permits through other agencies; prepare storm water pollution prevention plans; prepare technical specifications; prepare cost estimates and quantity take-offs; and prepare all design in AutoCAD (or equivalent) format using City standard CAD symbology and layer naming conventions. The Consultant must have adequate knowledge of requirements for federally funded projects.
1.2 General Civil Engineering Design
The scope of work includes design engineering services for streets, bike trails, storm drains, storm drain channels, bridges, sewers, sewer capacity, waterlines, water facilities, land survey, and all related services.
Prepare plans and specifications for storm drain and drainage design; bridge design; sewer design; water design; grading design; and roadway and street design, to include Engineer’s Estimate of probable construction cost. Consultant must have ability to perform tasks related to pavement rehabilitation projects including preparation of materials reports.
Prepare Hydrology Report per Los Angeles County method and hydraulic calculations per Los Angeles County and prepare sewer capacity report.
Task 2: Survey
18 The scope of work includes field and office surveying services for the construction of streets, bridges, traffic signals, bike trails, storm drains, storm drain channels, utilities, and all related services including but not limited to the following:
Plan check and familiarity with the Subdivision Act, tract map, parcel map and provide sketches and write legal descriptions.
Comply with California Business and Professions Code 8771 concerning preservation of existing survey monuments that might be destroyed by City construction projects.
Research existing City and Los Angeles County Surveyor records to assure a complete record of existing monumentation. Perform survey measurements and calculations necessary to locate existing and/or set monuments. Set monuments and reference ties for monuments destroyed by construction or monuments not meeting County standards.
Prepare corner records for each location showing found and/or set monuments, record map references, reference ties and measured angles and/or distances. Corner records shall be filed with the County Surveyor and final copies shall be filed and indexed in the City of Sierra Madre, City Engineers Tie Book system. Provide construction survey stakeout services per construction plans. Provide survey field notes to the City in both hardcopy and electronic formats.
Task 3: Design Plan Check
Consultant will be required to make independent engineering judgments and decisions, and interact with private and public sector personnel.
3.1 Map Plan Check
Consultant must have a working knowledge of the "Subdivision Map Act," City's Subdivision Ordinance, and map checking procedures. Work independently with applicant to review tentative maps, final maps, easement deeds, and lot line adjustments. Review applicant's documents for compliance with the Conditions of Approval as set by the city staff, commissions, and the City Council. Check and review map boundaries, metes and bounds, and field check final monumentation prior to bond exoneration. Review and assure that AutoCAD file submittals are complete. Review, checking, and approval of land divisions shall be performed by a registered Land Surveyor in the State of California or a registered Civil Engineer licensed to practice land surveying in the State of California.
3.2 Hydrology and Hydraulics Check
Consultant must have a thorough knowledge of hydrology and hydraulic principles and theories and must be familiar with the WSPG software programs and their 19 application. In addition, the Consultant shall have a good working knowledge of the Los Angeles County Hydrology Manual.
Task 4: Right of Way Acquisition
Consultant will provide right-of-way support to City of Sierra Madre staff. Tasks could include assisting staff in processing various deeds and agreements resulting from new subdivisions or assessment districts, and acquiring right-of-way for capital improvement projects. Consultant will work closely with and take direction from City staff. Provide legal description and sketch to be recorded with Los Angeles County.
1 PROFESSIONAL SERVICES AGREEMENT FOR DESIGN PROFESSIONALS (City of Sierra Madre / Civiltec Engineering)
1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Sierra Madre, a California municipal corporation (“City”), and Civiltec Engineering, a Corporation ______________ (“Consultant”).
RECITALS
2.1. City has determined that it requires the following professional services from a consultant:
The City of Sierra Madre is requesting proposals from professional engineering consultants to provide a full range of services on an as needed basis including Design Engineering, Construction Management, Design Plan Check, Surveying, Right-of-Way Acquisition (with legal descriptions and appraisals).
2.2. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
2.3. Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
DEFINITIONS
3.1. “Design Professional”: A Design Professional is any individual satisfying one or more of the following: (1) licensed as an architect pursuant to Business and Professions Code 5500 et seq., (2) licensed as a landscape architect pursuant to Business and Professions Code 5615 et seq., (3) licensed as a professional land surveyor pursuant to Business and Professions Code 8700 et seq., or (4) registered as a professional engineer pursuant to Business and Professions Code 6700 et seq.
3.2. “Scope of Services”: Such professional services as are set forth in Consultant’s ____________________________proposal to City attached hereto as Exhibit A and incorporated herein by this reference.
2 3.3. “Agreement Administrator”: The Agreement Administrator for this project is Brian A Dickinson. The Agreement Administrator shall
be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator.
The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant
3.4. “Approved Fee Schedule”: Consultant’s compensation rates are set forth in the fee schedule attached hereto as Exhibit B and incorporated herein by this reference.
This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.
3.5. “Maximum Amount”: The highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is Two Hundred Thousand Dollars ($200,000).
3.6. “Commencement Date”: _____________________.
3.7. “Termination Date”: June 30,2029______________
TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 18 (“Termination”) below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.
CONSULTANT’S DUTIES
5.1. Services. Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.
5.2. Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.
5.3. Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.
3 5.4. Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.
5.5. Professional Standards. Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).
5.6. Campaign Contributions. This Agreement is subject to Government Code Section 84308, as amended by SB 1439. Consultant shall disclose any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party’s agent. Consultant shall provide a signed copy of the attached Campaign Contribution Disclosure Form to the City prior to, or concurrent with, the Consultant’s execution of this Agreement.
5.7. Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with performance under this Agreement. However, City may consent in writing to Consultant’s performance of such work.
5.8. Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. _______________________________ shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.
5.9. Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause.
5.10. Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.
5.11. Notification of Organizational Changes. Consultant shall notify the Agreement 4 Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.
5.12. Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
5.13. Skilled and Trained Workforce Requirement. When the use of a skilled and trained workforce is required to complete a contract pursuant to existing law, this contract is subject to such requirement and Contractor agrees to use a skilled and trained workforce.
SUBCONTRACTING
6.1. General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.
6.2. Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.
6.3. Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.
COMPENSATION
7.1. General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services. Compensation shall not exceed the Maximum Amount. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.
7.2. Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, 5 the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification or position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.
7.3. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.
7.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.
7.5. Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the City.
7.6. City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.
7.7. Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 11, City shall have the right to withhold payments under this Agreement to offset that amount.
PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including the design and preconstruction phases of a covered public works project. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.
RELATIONSHIP OF PARTIES
10.1. General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.
6 10.2. No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.
10.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.
10.4. Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
INDEMNIFICATION
11.1. Definitions. For purposes of this Section 11, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “City” shall include City, its officials, officers, agents, employees and volunteers.
11.2. Consultant to Indemnify City. Where the services to be provided by Consultant under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then Consultant’s indemnification and defense obligations shall be reduced in proportion to the established 7 comparative liability of the City and shall not exceed Consultant’s proportionate percentage of fault.
11.3. As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, and to the full extent permitted by law, Consultant agrees to indemnity, defend and hold harmless the City, its officers, officials, agents, employees, and volunteers from and against any claims, demands, losses, liability of any kind or nature (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses 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) where the same arise out of, are in connection with, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant, excepting those which arise out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers.
11.4. Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole active negligence or willful misconduct of the City. If it is finally adjudicated that liability is caused by the comparative negligence or willful misconduct of an indemnified party, then Consultant’s indemnification obligation shall be reduced in proportion to the established comparative liability.
11.5. Attorneys Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of City’s choice, expert fees and all other costs and fees of litigation.
Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.
11.6. Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.
11.7. Waiver of Statutory Immunity. The obligations of Consultant under this Section 11 are not limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City.
11.8. Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf.
11.9. Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. 8 Consultant’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
11.10. Civil Code. The parties are aware of the provisions of Civil Code 2782.8 relating to the indemnification and the duty and the cost to defend a public agency by a Design Professional and agree that this Section 11 complies therewith.
INSURANCE
12.1. Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.
12.2. Documentation of Insurance. City will not execute this agreement until it has received a complete set of all required documentation of insurance coverage.
However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
• Certificate of Insurance, indicating companies acceptable to City, with a Best’s Rating of no less than A:VII showing. The Certificate of Insurance must show the City, its City Council, Commissions, officers, and employees of Sierra Madre as additional insured parties.
The Certificate of Insurance must include the following reference:
_______________________________________________________ ________________________________________________________ ________
• Documentation of Best’s rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement.
• Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.
12.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $1,000,000 per occurrence $2,000,000 aggregate
• General Liability:
• General Aggregate: $2,000,000
• Products Comp/Op Aggregate $2,000,000
• Personal & Advertising Injury $1,000,000
• Each Occurrence $1,000,000
• Fire Damage (any one fire) $ 50,000
• Medical Expense (any 1 person)$ 5,000
9 • Workers’ Compensation:
• Workers’ Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
• Automobile Liability
• Any vehicle combined single limit
$1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the City as additional insured. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured
12.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form. Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.
12.5. Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers’ Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.
12.6. Automobile Liability Insurance. Covered vehicles shall include owned if any, non-owned, and hired automobiles and, trucks.
12.7. Professional Liability Insurance or Errors & Omissions Coverage. The deductible or self-insured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. Coverage shall be continued for two years after the completion of the work by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.
12.8. Claims-Made Policies. If any of the required policies provide coverage on a claims-made basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase 10 “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
12.9. Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees of Sierra Madre must be endorsed as an additional insured for each policy required herein, other than Professional Errors and Omissions, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be non-contributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.
12.10. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.
12.11. Notices. Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased.
Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of Sierra Madre, Attn: Brian A Dickinson, 232 W.
Sierra Madre Blvd., Sierra Madre, CA 91024.
12.12. Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City.
Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
12.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.
12.14. Report of Claims to City. Consultant shall report to the City, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant’s insurer in connection with the services under this Agreement. 11 12.15. Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement.
12.16. City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to City’s approval.
12.17. Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration or early termination of this Agreement.
MUTUAL COOPERATION
13.1. City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.
13.2. Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.
NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, electronic mail or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).
If to City
Brian A Dickinson
City of Sierra Madre
_____________________________
232 W. Sierra Madre Blvd. Sierra
Madre, CA 91024
Telephone: (626) 355-7135
Email: [email protected]
If to Consultant
Name: _________________________________
Address: _______________________________
______________________________________
Telephone: _____________________________
Email: ________________________________
With courtesy copy to:
Aleks R. Giragosian, Esq.
Sierra Madre City Attorney
Colantuono, Highsmith & Whatley,
PC 790 E. Colorado Blvd., Ste. 850
Pasadena, Angeles, CA 91101
Telephone: (213) 542-5700
12 Email: [email protected]
SURVIVING COVENANTS
The parties agree that the covenants contained in paragraph 5.11 (Records), paragraph
10.4 (Indemnification of CalPERS Determination), Section 11 (Indemnity), paragraph 12.8 (Claims-Made Policies), paragraph 13.2 (Consultant Cooperation in Defense of Claims), paragraph 12.13 (Waiver of Subrogation), paragraph 12.6 (Automobile Liability Insurance), Section 15 (Surviving Covenants), Section 17 (Interpretation of Agreement), and Section 18 (General Provisions) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.
TERMINATION
16.1. City Termination. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.
16.2. Consultant Termination. Consultant may terminate this Agreement for a material breach by the City of this Agreement upon 30 days’ notice.
16.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.
16.4. Remedies. City retains any and all available legal and equitable remedies for Consultant’s breach of this Agreement.
INTERPRETATION OF AGREEMENT
17.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.
17.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the provisions of this Agreement and its exhibits, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Consultant.
17.3. Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between 13 such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.
17.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).
17.5. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
17.6. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.
GENERAL PROVISIONS
18.1. Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.
18.2. Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
18.3. Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written 14 consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.
18.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.
18.5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.
18.6. Time of the Essence. Time is of the essence for each and every provision of this Agreement.
18.7. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation.
Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.
18.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.
18.9. Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
18.10. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.
18.11. Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs expended in the action. 15 18.12. Venue. The venue for any litigation shall be Los Angeles County, California and Consultant hereby consents to jurisdiction in Los Angeles County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.
18.13. Counterparts; Electronic Signatures. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed or emailed versions of an original signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature.
16 TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “CITY” “CONSULTANT”
City of Sierra Madre
Authorized Signatories:
Signature: Signature:
Printed:
Printed:
Title: Title:
Date: Date:
Attest:
Signature: Printed:
Title: City Clerk
Date:
Approved as to Form:
Signature: Printed:
Title: City Attorney
Date:
17 EXHIBIT A
SCOPE OF SERVICES
1.1 Engineering Design
The consultant will be expected to deliver completed and approved design assignments on or ahead of approved schedules. All designs shall be prepared and submitted in a manner that ensures a complete design approved by the City. The consultant must be proactive and knowledgeable of the design, environmental, and funding requirements of the project. They must be an advisor, advocate, and produce a product with the best interest intended for the City within the required schedule and project budget. The scope of work for all design projects includes conducting ground and/or aerial survey as necessary to facilitate preparation of the design; preparing cross sections, topographic surveys, and culture surveys; conducting right-of-way research and preparing legal descriptions; prepare signing, striping, detour, and traffic control design; coordinating geotechnical investigations and soils analysis reports; coordinating design and approvals with other agencies; conducting existing utility research and coordinate relocations; prepare and process environmental clearances; process plans and permits through other agencies; prepare storm water pollution prevention plans; prepare technical specifications; prepare cost estimates and quantity take-offs; and prepare all design in AutoCAD (or equivalent) format using City standard CAD symbology and layer naming conventions. The Consultant must have adequate knowledge of requirements for federally funded projects.
1.2 General Civil Engineering Design
The scope of work includes design engineering services for streets, bike trails, storm drains, storm drain channels, bridges, sewers, sewer capacity, waterlines, water facilities, land survey, and all related services.
Prepare plans and specifications for storm drain and drainage design; bridge design; sewer design; water design; grading design; and roadway and street design, to include Engineer’s Estimate of probable construction cost. Consultant must have ability to perform tasks related to pavement rehabilitation projects including preparation of materials reports.
Prepare Hydrology Report per Los Angeles County method and hydraulic calculations per Los Angeles County and prepare sewer capacity report.
Task 2: Survey
18 The scope of work includes field and office surveying services for the construction of streets, bridges, traffic signals, bike trails, storm drains, storm drain channels, utilities, and all related services including but not limited to the following:
Plan check and familiarity with the Subdivision Act, tract map, parcel map and provide sketches and write legal descriptions.
Comply with California Business and Professions Code 8771 concerning preservation of existing survey monuments that might be destroyed by City construction projects.
Research existing City and Los Angeles County Surveyor records to assure a complete record of existing monumentation. Perform survey measurements and calculations necessary to locate existing and/or set monuments. Set monuments and reference ties for monuments destroyed by construction or monuments not meeting County standards.
Prepare corner records for each location showing found and/or set monuments, record map references, reference ties and measured angles and/or distances. Corner records shall be filed with the County Surveyor and final copies shall be filed and indexed in the City of Sierra Madre, City Engineers Tie Book system. Provide construction survey stakeout services per construction plans. Provide survey field notes to the City in both hardcopy and electronic formats.
Task 3: Design Plan Check
Consultant will be required to make independent engineering judgments and decisions, and interact with private and public sector personnel.
3.1 Map Plan Check
Consultant must have a working knowledge of the "Subdivision Map Act," City's Subdivision Ordinance, and map checking procedures. Work independently with applicant to review tentative maps, final maps, easement deeds, and lot line adjustments. Review applicant's documents for compliance with the Conditions of Approval as set by the city staff, commissions, and the City Council. Check and review map boundaries, metes and bounds, and field check final monumentation prior to bond exoneration. Review and assure that AutoCAD file submittals are complete. Review, checking, and approval of land divisions shall be performed by a registered Land Surveyor in the State of California or a registered Civil Engineer licensed to practice land surveying in the State of California.
3.2 Hydrology and Hydraulics Check
Consultant must have a thorough knowledge of hydrology and hydraulic principles and theories and must be familiar with the WSPG software programs and their 19 application. In addition, the Consultant shall have a good working knowledge of the Los Angeles County Hydrology Manual.
Task 4: Right of Way Acquisition
Consultant will provide right-of-way support to City of Sierra Madre staff. Tasks could include assisting staff in processing various deeds and agreements resulting from new subdivisions or assessment districts, and acquiring right-of-way for capital improvement projects. Consultant will work closely with and take direction from City staff. Provide legal description and sketch to be recorded with Los Angeles County.
1 PROFESSIONAL SERVICES AGREEMENT FOR DESIGN PROFESSIONALS (City of Sierra Madre / Transtech Engineers)
1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Sierra Madre, a California municipal corporation (“City”), and Transtech Engineers, a Corporation ______________ (“Consultant”).
RECITALS
2.1. City has determined that it requires the following professional services from a consultant:
The City of Sierra Madre is requesting proposals from professional engineering consultants to provide a full range of services on an as needed basis including Design Engineering, Construction Management, Design Plan Check, Surveying, Right-of-Way Acquisition (with legal descriptions and appraisals).
2.2. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
2.3. Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
DEFINITIONS
3.1. “Design Professional”: A Design Professional is any individual satisfying one or more of the following: (1) licensed as an architect pursuant to Business and Professions Code 5500 et seq., (2) licensed as a landscape architect pursuant to Business and Professions Code 5615 et seq., (3) licensed as a professional land surveyor pursuant to Business and Professions Code 8700 et seq., or (4) registered as a professional engineer pursuant to Business and Professions Code 6700 et seq.
3.2. “Scope of Services”: Such professional services as are set forth in Consultant’s ____________________________proposal to City attached hereto as Exhibit A and incorporated herein by this reference.
2 3.3. “Agreement Administrator”: The Agreement Administrator for this project is Brian A Dickinson. The Agreement Administrator shall
be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator.
The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant
3.4. “Approved Fee Schedule”: Consultant’s compensation rates are set forth in the fee schedule attached hereto as Exhibit B and incorporated herein by this reference.
This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.
3.5. “Maximum Amount”: The highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is Two Hundred Thousand Dollars ($200,000).
3.6. “Commencement Date”: _____________________.
3.7. “Termination Date”: June 30, 2029______________
TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 18 (“Termination”) below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.
CONSULTANT’S DUTIES
5.1. Services. Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.
5.2. Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.
5.3. Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.
3 5.4. Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.
5.5. Professional Standards. Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).
5.6. Campaign Contributions. This Agreement is subject to Government Code Section 84308, as amended by SB 1439. Consultant shall disclose any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party’s agent. Consultant shall provide a signed copy of the attached Campaign Contribution Disclosure Form to the City prior to, or concurrent with, the Consultant’s execution of this Agreement.
5.7. Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with performance under this Agreement. However, City may consent in writing to Consultant’s performance of such work.
5.8. Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. _______________________________ shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.
5.9. Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause.
5.10. Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.
5.11. Notification of Organizational Changes. Consultant shall notify the Agreement 4 Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.
5.12. Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
5.13. Skilled and Trained Workforce Requirement. When the use of a skilled and trained workforce is required to complete a contract pursuant to existing law, this contract is subject to such requirement and Contractor agrees to use a skilled and trained workforce.
SUBCONTRACTING
6.1. General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.
6.2. Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.
6.3. Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.
COMPENSATION
7.1. General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services. Compensation shall not exceed the Maximum Amount. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.
7.2. Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, 5 the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification or position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.
7.3. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.
7.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.
7.5. Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the City.
7.6. City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.
7.7. Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 11, City shall have the right to withhold payments under this Agreement to offset that amount.
PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including the design and preconstruction phases of a covered public works project. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.
RELATIONSHIP OF PARTIES
10.1. General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.
6 10.2. No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.
10.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.
10.4. Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
INDEMNIFICATION
11.1. Definitions. For purposes of this Section 11, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “City” shall include City, its officials, officers, agents, employees and volunteers.
11.2. Consultant to Indemnify City. Where the services to be provided by Consultant under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then Consultant’s indemnification and defense obligations shall be reduced in proportion to the established 7 comparative liability of the City and shall not exceed Consultant’s proportionate percentage of fault.
11.3. As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, and to the full extent permitted by law, Consultant agrees to indemnity, defend and hold harmless the City, its officers, officials, agents, employees, and volunteers from and against any claims, demands, losses, liability of any kind or nature (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses 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) where the same arise out of, are in connection with, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant, excepting those which arise out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers.
11.4. Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole active negligence or willful misconduct of the City. If it is finally adjudicated that liability is caused by the comparative negligence or willful misconduct of an indemnified party, then Consultant’s indemnification obligation shall be reduced in proportion to the established comparative liability.
11.5. Attorneys Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of City’s choice, expert fees and all other costs and fees of litigation.
Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.
11.6. Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.
11.7. Waiver of Statutory Immunity. The obligations of Consultant under this Section 11 are not limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City.
11.8. Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf.
11.9. Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. 8 Consultant’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
11.10. Civil Code. The parties are aware of the provisions of Civil Code 2782.8 relating to the indemnification and the duty and the cost to defend a public agency by a Design Professional and agree that this Section 11 complies therewith.
INSURANCE
12.1. Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.
12.2. Documentation of Insurance. City will not execute this agreement until it has received a complete set of all required documentation of insurance coverage.
However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
• Certificate of Insurance, indicating companies acceptable to City, with a Best’s Rating of no less than A:VII showing. The Certificate of Insurance must show the City, its City Council, Commissions, officers, and employees of Sierra Madre as additional insured parties.
The Certificate of Insurance must include the following reference:
_______________________________________________________ ________________________________________________________ ________
• Documentation of Best’s rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement.
• Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.
12.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $1,000,000 per occurrence $2,000,000 aggregate
• General Liability:
• General Aggregate: $2,000,000
• Products Comp/Op Aggregate $2,000,000
• Personal & Advertising Injury $1,000,000
• Each Occurrence $1,000,000
• Fire Damage (any one fire) $ 50,000
• Medical Expense (any 1 person)$ 5,000
9 • Workers’ Compensation:
• Workers’ Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
• Automobile Liability
• Any vehicle combined single limit
$1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the City as additional insured. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured
12.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form. Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.
12.5. Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers’ Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.
12.6. Automobile Liability Insurance. Covered vehicles shall include owned if any, non-owned, and hired automobiles and, trucks.
12.7. Professional Liability Insurance or Errors & Omissions Coverage. The deductible or self-insured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. Coverage shall be continued for two years after the completion of the work by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.
12.8. Claims-Made Policies. If any of the required policies provide coverage on a claims-made basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase 10 “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
12.9. Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees of Sierra Madre must be endorsed as an additional insured for each policy required herein, other than Professional Errors and Omissions, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be non-contributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.
12.10. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.
12.11. Notices. Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased.
Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of Sierra Madre, Attn: Brian A Dickinson, 232 W.
Sierra Madre Blvd., Sierra Madre, CA 91024.
12.12. Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City.
Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
12.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.
12.14. Report of Claims to City. Consultant shall report to the City, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant’s insurer in connection with the services under this Agreement. 11 12.15. Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement.
12.16. City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to City’s approval.
12.17. Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration or early termination of this Agreement.
MUTUAL COOPERATION
13.1. City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.
13.2. Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.
NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, electronic mail or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).
If to City
Brian A Dickinson
City of Sierra Madre
_____________________________
232 W. Sierra Madre Blvd. Sierra
Madre, CA 91024
Telephone: (626) 355-7135
Email: [email protected]
If to Consultant
Name: _________________________________
Address: _______________________________
______________________________________
Telephone: _____________________________
Email: ________________________________
With courtesy copy to:
Aleks R. Giragosian, Esq.
Sierra Madre City Attorney
Colantuono, Highsmith & Whatley,
PC 790 E. Colorado Blvd., Ste. 850
Pasadena, Angeles, CA 91101
Telephone: (213) 542-5700
12 Email: [email protected]
SURVIVING COVENANTS
The parties agree that the covenants contained in paragraph 5.11 (Records), paragraph
10.4 (Indemnification of CalPERS Determination), Section 11 (Indemnity), paragraph 12.8 (Claims-Made Policies), paragraph 13.2 (Consultant Cooperation in Defense of Claims), paragraph 12.13 (Waiver of Subrogation), paragraph 12.6 (Automobile Liability Insurance), Section 15 (Surviving Covenants), Section 17 (Interpretation of Agreement), and Section 18 (General Provisions) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.
TERMINATION
16.1. City Termination. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.
16.2. Consultant Termination. Consultant may terminate this Agreement for a material breach by the City of this Agreement upon 30 days’ notice.
16.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.
16.4. Remedies. City retains any and all available legal and equitable remedies for Consultant’s breach of this Agreement.
INTERPRETATION OF AGREEMENT
17.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.
17.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the provisions of this Agreement and its exhibits, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Consultant.
17.3. Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between 13 such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.
17.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).
17.5. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
17.6. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.
GENERAL PROVISIONS
18.1. Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.
18.2. Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
18.3. Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written 14 consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.
18.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.
18.5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.
18.6. Time of the Essence. Time is of the essence for each and every provision of this Agreement.
18.7. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation.
Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.
18.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.
18.9. Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
18.10. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.
18.11. Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs expended in the action. 15 18.12. Venue. The venue for any litigation shall be Los Angeles County, California and Consultant hereby consents to jurisdiction in Los Angeles County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.
18.13. Counterparts; Electronic Signatures. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed or emailed versions of an original signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature.
16 TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “CITY” “CONSULTANT”
City of Sierra Madre
Authorized Signatories:
Signature: Signature:
Printed:
Printed:
Title: Title:
Date: Date:
Attest:
Signature: Printed:
Title: City Clerk
Date:
Approved as to Form:
Signature: Printed:
Title: City Attorney
Date:
17 EXHIBIT A
SCOPE OF SERVICES
1.1 Engineering Design
The consultant will be expected to deliver completed and approved design assignments on or ahead of approved schedules. All designs shall be prepared and submitted in a manner that ensures a complete design approved by the City. The consultant must be proactive and knowledgeable of the design, environmental, and funding requirements of the project. They must be an advisor, advocate, and produce a product with the best interest intended for the City within the required schedule and project budget. The scope of work for all design projects includes conducting ground and/or aerial survey as necessary to facilitate preparation of the design; preparing cross sections, topographic surveys, and culture surveys; conducting right-of-way research and preparing legal descriptions; prepare signing, striping, detour, and traffic control design; coordinating geotechnical investigations and soils analysis reports; coordinating design and approvals with other agencies; conducting existing utility research and coordinate relocations; prepare and process environmental clearances; process plans and permits through other agencies; prepare storm water pollution prevention plans; prepare technical specifications; prepare cost estimates and quantity take-offs; and prepare all design in AutoCAD (or equivalent) format using City standard CAD symbology and layer naming conventions. The Consultant must have adequate knowledge of requirements for federally funded projects.
1.2 General Civil Engineering Design
The scope of work includes design engineering services for streets, bike trails, storm drains, storm drain channels, bridges, sewers, sewer capacity, waterlines, water facilities, land survey, and all related services.
Prepare plans and specifications for storm drain and drainage design; bridge design; sewer design; water design; grading design; and roadway and street design, to include Engineer’s Estimate of probable construction cost. Consultant must have ability to perform tasks related to pavement rehabilitation projects including preparation of materials reports.
Prepare Hydrology Report per Los Angeles County method and hydraulic calculations per Los Angeles County and prepare sewer capacity report.
Task 2: Survey
18 The scope of work includes field and office surveying services for the construction of streets, bridges, traffic signals, bike trails, storm drains, storm drain channels, utilities, and all related services including but not limited to the following:
Plan check and familiarity with the Subdivision Act, tract map, parcel map and provide sketches and write legal descriptions.
Comply with California Business and Professions Code 8771 concerning preservation of existing survey monuments that might be destroyed by City construction projects.
Research existing City and Los Angeles County Surveyor records to assure a complete record of existing monumentation. Perform survey measurements and calculations necessary to locate existing and/or set monuments. Set monuments and reference ties for monuments destroyed by construction or monuments not meeting County standards.
Prepare corner records for each location showing found and/or set monuments, record map references, reference ties and measured angles and/or distances. Corner records shall be filed with the County Surveyor and final copies shall be filed and indexed in the City of Sierra Madre, City Engineers Tie Book system. Provide construction survey stakeout services per construction plans. Provide survey field notes to the City in both hardcopy and electronic formats.
Task 3: Design Plan Check
Consultant will be required to make independent engineering judgments and decisions, and interact with private and public sector personnel.
3.1 Map Plan Check
Consultant must have a working knowledge of the "Subdivision Map Act," City's Subdivision Ordinance, and map checking procedures. Work independently with applicant to review tentative maps, final maps, easement deeds, and lot line adjustments. Review applicant's documents for compliance with the Conditions of Approval as set by the city staff, commissions, and the City Council. Check and review map boundaries, metes and bounds, and field check final monumentation prior to bond exoneration. Review and assure that AutoCAD file submittals are complete. Review, checking, and approval of land divisions shall be performed by a registered Land Surveyor in the State of California or a registered Civil Engineer licensed to practice land surveying in the State of California.
3.2 Hydrology and Hydraulics Check
Consultant must have a thorough knowledge of hydrology and hydraulic principles and theories and must be familiar with the WSPG software programs and their 19 application. In addition, the Consultant shall have a good working knowledge of the Los Angeles County Hydrology Manual.
Task 4: Right of Way Acquisition
Consultant will provide right-of-way support to City of Sierra Madre staff. Tasks could include assisting staff in processing various deeds and agreements resulting from new subdivisions or assessment districts, and acquiring right-of-way for capital improvement projects. Consultant will work closely with and take direction from City staff. Provide legal description and sketch to be recorded with Los Angeles County.
1 PROFESSIONAL SERVICES AGREEMENT FOR DESIGN PROFESSIONALS (City of Sierra Madre / IMEG)
1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Sierra Madre, a California municipal corporation (“City”), and IMEG , a Corporation ______________ (“Consultant”).
RECITALS
2.1. City has determined that it requires the following professional services from a consultant:
The City of Sierra Madre is requesting proposals from professional engineering consultants to provide a full range of services on an as needed basis including Design Engineering, Construction Management, Design Plan Check, Surveying, Right-of-Way Acquisition (with legal descriptions and appraisals).
2.2. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
2.3. Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
DEFINITIONS
3.1. “Design Professional”: A Design Professional is any individual satisfying one or more of the following: (1) licensed as an architect pursuant to Business and Professions Code 5500 et seq., (2) licensed as a landscape architect pursuant to Business and Professions Code 5615 et seq., (3) licensed as a professional land surveyor pursuant to Business and Professions Code 8700 et seq., or (4) registered as a professional engineer pursuant to Business and Professions Code 6700 et seq.
3.2. “Scope of Services”: Such professional services as are set forth in Consultant’s ____________________________proposal to City attached hereto as Exhibit A and incorporated herein by this reference.
2 3.3. “Agreement Administrator”: The Agreement Administrator for this project is Brian A Dickinson. The Agreement Administrator shall
be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator.
The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant
3.4. “Approved Fee Schedule”: Consultant’s compensation rates are set forth in the fee schedule attached hereto as Exhibit B and incorporated herein by this reference.
This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.
3.5. “Maximum Amount”: The highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is Two Hundred Thousand Dollars ($200,000).
3.6. “Commencement Date”: _____________________.
3.7. “Termination Date”: June 30, 2029______________
TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 18 (“Termination”) below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.
CONSULTANT’S DUTIES
5.1. Services. Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.
5.2. Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.
5.3. Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.
3 5.4. Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.
5.5. Professional Standards. Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).
5.6. Campaign Contributions. This Agreement is subject to Government Code Section 84308, as amended by SB 1439. Consultant shall disclose any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party’s agent. Consultant shall provide a signed copy of the attached Campaign Contribution Disclosure Form to the City prior to, or concurrent with, the Consultant’s execution of this Agreement.
5.7. Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with performance under this Agreement. However, City may consent in writing to Consultant’s performance of such work.
5.8. Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. _______________________________ shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.
5.9. Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause.
5.10. Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.
5.11. Notification of Organizational Changes. Consultant shall notify the Agreement 4 Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.
5.12. Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
5.13. Skilled and Trained Workforce Requirement. When the use of a skilled and trained workforce is required to complete a contract pursuant to existing law, this contract is subject to such requirement and Contractor agrees to use a skilled and trained workforce.
SUBCONTRACTING
6.1. General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.
6.2. Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.
6.3. Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.
COMPENSATION
7.1. General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services. Compensation shall not exceed the Maximum Amount. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.
7.2. Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, 5 the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification or position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.
7.3. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.
7.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.
7.5. Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the City.
7.6. City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.
7.7. Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 11, City shall have the right to withhold payments under this Agreement to offset that amount.
PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including the design and preconstruction phases of a covered public works project. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.
RELATIONSHIP OF PARTIES
10.1. General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.
6 10.2. No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.
10.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.
10.4. Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
INDEMNIFICATION
11.1. Definitions. For purposes of this Section 11, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “City” shall include City, its officials, officers, agents, employees and volunteers.
11.2. Consultant to Indemnify City. Where the services to be provided by Consultant under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then Consultant’s indemnification and defense obligations shall be reduced in proportion to the established 7 comparative liability of the City and shall not exceed Consultant’s proportionate percentage of fault.
11.3. As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, and to the full extent permitted by law, Consultant agrees to indemnity, defend and hold harmless the City, its officers, officials, agents, employees, and volunteers from and against any claims, demands, losses, liability of any kind or nature (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses 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) where the same arise out of, are in connection with, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant, excepting those which arise out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers.
11.4. Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole active negligence or willful misconduct of the City. If it is finally adjudicated that liability is caused by the comparative negligence or willful misconduct of an indemnified party, then Consultant’s indemnification obligation shall be reduced in proportion to the established comparative liability.
11.5. Attorneys Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of City’s choice, expert fees and all other costs and fees of litigation.
Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.
11.6. Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.
11.7. Waiver of Statutory Immunity. The obligations of Consultant under this Section 11 are not limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City.
11.8. Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf.
11.9. Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. 8 Consultant’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
11.10. Civil Code. The parties are aware of the provisions of Civil Code 2782.8 relating to the indemnification and the duty and the cost to defend a public agency by a Design Professional and agree that this Section 11 complies therewith.
INSURANCE
12.1. Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.
12.2. Documentation of Insurance. City will not execute this agreement until it has received a complete set of all required documentation of insurance coverage.
However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
• Certificate of Insurance, indicating companies acceptable to City, with a Best’s Rating of no less than A:VII showing. The Certificate of Insurance must show the City, its City Council, Commissions, officers, and employees of Sierra Madre as additional insured parties.
The Certificate of Insurance must include the following reference:
_______________________________________________________ ________________________________________________________ ________
• Documentation of Best’s rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement.
• Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.
12.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $1,000,000 per occurrence $2,000,000 aggregate
• General Liability:
• General Aggregate: $2,000,000
• Products Comp/Op Aggregate $2,000,000
• Personal & Advertising Injury $1,000,000
• Each Occurrence $1,000,000
• Fire Damage (any one fire) $ 50,000
• Medical Expense (any 1 person)$ 5,000
9 • Workers’ Compensation:
• Workers’ Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
• Automobile Liability
• Any vehicle combined single limit
$1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the City as additional insured. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured
12.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form. Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.
12.5. Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers’ Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.
12.6. Automobile Liability Insurance. Covered vehicles shall include owned if any, non-owned, and hired automobiles and, trucks.
12.7. Professional Liability Insurance or Errors & Omissions Coverage. The deductible or self-insured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. Coverage shall be continued for two years after the completion of the work by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.
12.8. Claims-Made Policies. If any of the required policies provide coverage on a claims-made basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase 10 “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
12.9. Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees of Sierra Madre must be endorsed as an additional insured for each policy required herein, other than Professional Errors and Omissions, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be non-contributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.
12.10. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.
12.11. Notices. Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased.
Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of Sierra Madre, Attn: Brian A Dickinson, 232 W.
Sierra Madre Blvd., Sierra Madre, CA 91024.
12.12. Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City.
Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
12.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.
12.14. Report of Claims to City. Consultant shall report to the City, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant’s insurer in connection with the services under this Agreement. 11 12.15. Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement.
12.16. City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to City’s approval.
12.17. Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration or early termination of this Agreement.
MUTUAL COOPERATION
13.1. City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.
13.2. Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.
NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, electronic mail or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).
If to City
Brian A Dickinson
City of Sierra Madre
_____________________________
232 W. Sierra Madre Blvd. Sierra
Madre, CA 91024
Telephone: (626) 355-7135
Email: [email protected]
If to Consultant
Name: _________________________________
Address: _______________________________
______________________________________
Telephone: _____________________________
Email: ________________________________
With courtesy copy to:
Aleks R. Giragosian, Esq.
Sierra Madre City Attorney
Colantuono, Highsmith & Whatley,
PC 790 E. Colorado Blvd., Ste. 850
Pasadena, Angeles, CA 91101
Telephone: (213) 542-5700
12 Email: [email protected]
SURVIVING COVENANTS
The parties agree that the covenants contained in paragraph 5.11 (Records), paragraph
10.4 (Indemnification of CalPERS Determination), Section 11 (Indemnity), paragraph 12.8 (Claims-Made Policies), paragraph 13.2 (Consultant Cooperation in Defense of Claims), paragraph 12.13 (Waiver of Subrogation), paragraph 12.6 (Automobile Liability Insurance), Section 15 (Surviving Covenants), Section 17 (Interpretation of Agreement), and Section 18 (General Provisions) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.
TERMINATION
16.1. City Termination. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.
16.2. Consultant Termination. Consultant may terminate this Agreement for a material breach by the City of this Agreement upon 30 days’ notice.
16.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.
16.4. Remedies. City retains any and all available legal and equitable remedies for Consultant’s breach of this Agreement.
INTERPRETATION OF AGREEMENT
17.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.
17.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the provisions of this Agreement and its exhibits, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Consultant.
17.3. Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between 13 such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.
17.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).
17.5. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
17.6. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.
GENERAL PROVISIONS
18.1. Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.
18.2. Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
18.3. Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written 14 consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.
18.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.
18.5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.
18.6. Time of the Essence. Time is of the essence for each and every provision of this Agreement.
18.7. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation.
Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.
18.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.
18.9. Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
18.10. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.
18.11. Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs expended in the action. 15 18.12. Venue. The venue for any litigation shall be Los Angeles County, California and Consultant hereby consents to jurisdiction in Los Angeles County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.
18.13. Counterparts; Electronic Signatures. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed or emailed versions of an original signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature.
16 TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “CITY” “CONSULTANT”
City of Sierra Madre
Authorized Signatories:
Signature: Signature:
Printed:
Printed:
Title: Title:
Date: Date:
Attest:
Signature: Printed:
Title: City Clerk
Date:
Approved as to Form:
Signature: Printed:
Title: City Attorney
Date:
17 EXHIBIT A
SCOPE OF SERVICES
1.1 Engineering Design
The consultant will be expected to deliver completed and approved design assignments on or ahead of approved schedules. All designs shall be prepared and submitted in a manner that ensures a complete design approved by the City. The consultant must be proactive and knowledgeable of the design, environmental, and funding requirements of the project. They must be an advisor, advocate, and produce a product with the best interest intended for the City within the required schedule and project budget. The scope of work for all design projects includes conducting ground and/or aerial survey as necessary to facilitate preparation of the design; preparing cross sections, topographic surveys, and culture surveys; conducting right-of-way research and preparing legal descriptions; prepare signing, striping, detour, and traffic control design; coordinating geotechnical investigations and soils analysis reports; coordinating design and approvals with other agencies; conducting existing utility research and coordinate relocations; prepare and process environmental clearances; process plans and permits through other agencies; prepare storm water pollution prevention plans; prepare technical specifications; prepare cost estimates and quantity take-offs; and prepare all design in AutoCAD (or equivalent) format using City standard CAD symbology and layer naming conventions. The Consultant must have adequate knowledge of requirements for federally funded projects.
1.2 General Civil Engineering Design
The scope of work includes design engineering services for streets, bike trails, storm drains, storm drain channels, bridges, sewers, sewer capacity, waterlines, water facilities, land survey, and all related services.
Prepare plans and specifications for storm drain and drainage design; bridge design; sewer design; water design; grading design; and roadway and street design, to include Engineer’s Estimate of probable construction cost. Consultant must have ability to perform tasks related to pavement rehabilitation projects including preparation of materials reports.
Prepare Hydrology Report per Los Angeles County method and hydraulic calculations per Los Angeles County and prepare sewer capacity report.
Task 2: Survey
18 The scope of work includes field and office surveying services for the construction of streets, bridges, traffic signals, bike trails, storm drains, storm drain channels, utilities, and all related services including but not limited to the following:
Plan check and familiarity with the Subdivision Act, tract map, parcel map and provide sketches and write legal descriptions.
Comply with California Business and Professions Code 8771 concerning preservation of existing survey monuments that might be destroyed by City construction projects.
Research existing City and Los Angeles County Surveyor records to assure a complete record of existing monumentation. Perform survey measurements and calculations necessary to locate existing and/or set monuments. Set monuments and reference ties for monuments destroyed by construction or monuments not meeting County standards.
Prepare corner records for each location showing found and/or set monuments, record map references, reference ties and measured angles and/or distances. Corner records shall be filed with the County Surveyor and final copies shall be filed and indexed in the City of Sierra Madre, City Engineers Tie Book system. Provide construction survey stakeout services per construction plans. Provide survey field notes to the City in both hardcopy and electronic formats.
Task 3: Design Plan Check
Consultant will be required to make independent engineering judgments and decisions, and interact with private and public sector personnel.
3.1 Map Plan Check
Consultant must have a working knowledge of the "Subdivision Map Act," City's Subdivision Ordinance, and map checking procedures. Work independently with applicant to review tentative maps, final maps, easement deeds, and lot line adjustments. Review applicant's documents for compliance with the Conditions of Approval as set by the city staff, commissions, and the City Council. Check and review map boundaries, metes and bounds, and field check final monumentation prior to bond exoneration. Review and assure that AutoCAD file submittals are complete. Review, checking, and approval of land divisions shall be performed by a registered Land Surveyor in the State of California or a registered Civil Engineer licensed to practice land surveying in the State of California.
3.2 Hydrology and Hydraulics Check
Consultant must have a thorough knowledge of hydrology and hydraulic principles and theories and must be familiar with the WSPG software programs and their 19 application. In addition, the Consultant shall have a good working knowledge of the Los Angeles County Hydrology Manual.
Task 4: Right of Way Acquisition
Consultant will provide right-of-way support to City of Sierra Madre staff. Tasks could include assisting staff in processing various deeds and agreements resulting from new subdivisions or assessment districts, and acquiring right-of-way for capital improvement projects. Consultant will work closely with and take direction from City staff. Provide legal description and sketch to be recorded with Los Angeles County.
CITY OF
SIERRA MADRE STAFF REPORT
PUBLIC WORKS SERVICES
DATE: January 27, 2026
TO: Honorable Mayor and City Council
FROM: Miguel Hernandez, Assistant City Manager/Interim Public Works Director By: Brian A Dickinson, Public Works Project Manager
SUBJECT: Amendment No. 2 to the Professional Services Agreement for Consultant Services with GeoCon West, Inc. in the Amount of $49,000 for a Total Not-ToExceed Contract Amount of $101,600
RECOMMENDATION
It is recommended that the City Council approve Amendment No. 2 to the Professional Services Agreement with GeoCon West, Inc., in the amount of $49,000, for additional geotechnical testing and inspection services related to the Library Remodel and Construction Expansion Project.
SUMMARY
On August 22, 2023, the City Manager executed a Professional Services Agreement with GeoCon West, Inc. to provide geotechnical investigation and reporting, as well as private utility location services, for the Library Remodel and Construction Expansion Project. The agreement was approved in a not-to-exceed amount of $20,600, with a commencement date of August 24, 2023, and a termination date of July 1, 2026.
As the project progressed, the original agreement and associated purchase order were fully expended. To address additional project needs, City staff administratively executed Amendment No. 1 through a new requisition in an amount not-to-exceed $32,000.
Due to the complexity, duration, and evolving construction requirements of the project, further unanticipated testing services have been required. Public Works is therefore requesting City Council approval of Amendment No. 2 in the amount of $49,000 to ensure continuity of services through final project closeout.
Amendment No. 2 to Professional Services Agreement with GeoCon West January 27, 2026