James Vickers, P.E.
President
Yucaipa Valley Regional Water Filtraton Facility, Yucaipa, CAProject Manager – Jim is the Project Manager for the membrane system design of a 12 mgd MF and 6 mgd NF membrane treatment facility. SPI has assisted the District with various phases of the project including, MF procurement, MF and NF pilot testng, NF membrane procurement, membrane system engineering design, constructon services, O&M Manual preparaton and provided commissioning and start-up services. The facility was recognized as the 2010 AMTA Plant of the Year.
MONTEREY ONE WATER
Advanced Water Treatment Facility
Technical Specialist – Developed plans and specificatons for the procurement of a 6 mgd Universal Membrane Filtraton system designed to accommodate membranes from 4 different suppliers (Pall, Toray, Dow, Scinor).
Prepared the technical specificaton, developed programming and control requirements and selected equipment to satsfy the individual requirements.
WEST BASIN MUNICIPAL WATER DISTRICT
Tesoro-Carson Universal Membrane Filtraton System, Carson CAQuality Control and Universal Membrane System – Jim will assist the design engineering in the procurement and
design of a Universal Membrane system that will be used to replace an existng proprietary membrane system.
Actvites will include as needed consultaton with the design engineers, development of key requirements of specificaton content including control descriptons, development of procurement requirements, review of shop drawing submitals and start-up review.
ORANGE COUNTY WATER DISTRICT
Groundwater Replenishment System, Orange County,
CAProject Manager- Operatonal Support Services– Jim has been leading SPI’s efforts to support the GWRS at OCWD as an independent consultant retained to provide oversight and reportng of MF and RO operatons. There are 36 MF units and 21 RO units that are monitored and Jim advises the District on a bi-weekly basis. SPI has integrated the data management and reportng approach to allow the District access to the full report through its own SCADA system. SPI prepares periodic formal reports and assists the District as a technical advisor and performs periodic training of the OCWD staff.
ORANGE COUNTY WATER DISTRICT
Groundwater Replenishment System, Orange County, CA
Project Advisor – Jim assisted with the planning, pilot testng, design, constructon and startup of an 86mgd Microfiltraton and 70mgd Reverse Osmosis system to treat secondary effluent for injecton into the seawater intrusion barrier and for aquifer recharge. His responsibilites included development of the microfiltraton procurement documents for the 86mgd membrane treatment facility.
ORANGE COUNTY WATER DISTRICT
Groundwater Replenishment System, Orange County, CA (2013-2016) Constructon Manager (Subcontractor) – Jim is assistng with the constructon and start-up of the 30 mgd expansion (100 mgd total) Microfiltraton and Reverse Osmosis system to treat secondary effluent for injecton into the seawater intrusion barrier and for aquifer recharge. His responsibilites included oversight of the start up for microfiltraton reverse osmosis and chemical feed systems.
ORANGE COUNTY WATER
DISTRICTGroundwater Replenishment System, Orange County, CA (2016-present) Project Advisor/Extension of District Staff– Jim is currently assistng the District as a Project Advisor/Extension of the District Staff for the design of the 30mgd Final Expansion (130mgd total). His responsibilites include preparaton of procurement documents, review of Technical Memorandums and other deliverables developed by the design engineer.
Charles Cruz, P.E.
Vice President
Mr. Cruz is a registered Civil Engineer and a Vice President at SPI. He has
experience in the design of water, wastewater, and water reuse facilites.
His
assignments have included detailed design, pilot testng, equipment procurement, equipment selecton, life-cycle evaluatons, feasibility studies, and constructon services. He has experience with advanced treatment technologies
and equipment including membrane filtraton, membrane bioreactors, ozone,
reverse osmosis, granular actvated carbon, and UV as well as conventonal water treatment technologies.
EXPERIENC
EEASTERN IDAHO REGIONAL SEWER DISTRICT , Oxbow WRF Upgrades, Shelley, ID
Project Manager – Charles is the project manager for membrane bioreactor design and operatons support actvites for an existng 2 mgd average flow water reclamaton facility that discharges to the Snake River. The facility will be expanded to an average capacity of 4 mgd by adding additonal membrane bioreactor trains. Charles is assistng with membrane procurement, contract administraton and membrane bioreactor system design review for the expansion.
He is also providing operatons support for the existng MBR membrane system.
Educaton:
B.S., Chemical Engineering,
Stanford University, 1985
M.S., Civil Engineering,
Stanford University, 1992
Registratons/Certficatons: MOUNTAIN HOUSE COMMUNITY SERVICES DISTRICT, Mountain House Water
Reclamaton Facility Phase 3 Expansion, Mountain House, CA Professional Engineer,
Civil, California Project Manager – Mr. Cruz prepared performance-based preselecton documents for a 4.0 mgd average flow membrane bioreactor facility that will produce California Title 22 recycled water. An existng Sequencing Batch Reactor (SBR) process will be replaced with a membrane bioreactor system. He administered the membrane preselecton process and provided assistance for the final design of the membrane filtraton components of the membrane bioreactor system.
Professional Affiliatons:
Water Environment
Federaton
Employment History:
Separaton Processes, Inc. -
2005- to Present
CDM, Inc. – 1995 to 2005,
1991 to 1993
IT Corporaton – 1994
Dow Chemical, U.S.A. –
1985-1990
CITY OF SANTA MONICA, Sustainable Water Infrastructure Project (SWIP)
Advanced Water Treatment Facility (AWTF), Santa Monica, CAProject Manager – Charles led the membrane procurement support efforts for the MBR and reverse osmosis components of a 1 mgd indirect potable reuse facility. The facility will be located in a subterranean structure and will operate as a scalping plant to treat a blend of municipal wastewater and stormwater runoff for indirect potable and non-potable reuse. Actvites included assistance to the progressive design-build team for design criteria development, procurement specificaton review, and bid evaluaton.
Areas of Expertse:
MF/UF Treatment
Design/Constructon
MF and MBR Procurement
Advanced Water Treatment
Water Reuse
Membrane Bioreactor
Ozone Treatment
LOS ANGELES DEPARTMENT OF WATER AND POWER, Owner’s Agent for
Hyperion Advanced Treatment Facility, Los Angeles, CAProject Engineer – Developed process sizing and conceptual layouts for Indirect and Direct Potable Reuse facility alternatves to support the LADWP Operaton NEXT recycled water program. Technologies included up to 850 mgd of MBR, and membrane filtraton, and reverse osmosis to produce up to 274 mgd of advanced water treatmentYears of Experience:
38 CITY OF LATHROP, Phase 2 Expansion of Consolidated Treatment Facility,
Lathrop, CAYears with SPI:
18
Charles Cruz, P.E.
Vice President
Project Manager – Mr. Cruz was responsible for the membrane system preselecton and detailed design for a 2.5 mgd average flow membrane bioreactor facility that will produce California Title 22 recycled water. He developed and administered the membrane preselecton process, and oversaw the design and constructon bid document preparaton of the membrane filtraton system and associated ancillary facilites.
DELAWARE NORTH, Tenaya Lodge Wastewater Treatment Plant Assessment, Fish Camp, CA Project Manager – Charles led the assessment of an 80,000 gpd average/120,000 gpd peak flow flat sheet membrane bioreactor system. The plant has experienced significant operatonal issues since startup in 2016. The assessment report summarized design and infrastructure deficiencies and provided recommendatons. The report also provided recommendatons to assist the plant with upgrades to meet California Title 22 recycled water requirements.
CITY OF FILER, Wastewater Treatment Plant Expansion,
Filer, IDProject Manager – Charles prepared membrane bioreactor supplier screening evaluaton and contract documents for procurement of a 0.3 mgd average/0.99 mgd peak flow membrane bioreactor system. The plant will initally produce reclaimed water to meet Idaho Class B reclaimed water requirements, with future expansion/upgrades to meet Class A reclaimed water standards. Charles provided membrane procurement contract administraton, membrane bioreactor system design review, and constructon, commissioning, start-up and operatons services.
VALLEY CENTER MUNICIPAL WATER DISTRICT, Woods Valley Water Reclamaton Facility – MBR System
Evaluaton, Valley Center, CAProject Manager – Charles provided support in negotatng warranty claims with the membrane vendor to allow for successful replacement of inferior membrane product for a 104,000 gpd MBR system. The original membranes were not performing and could only achieve approximately half of the plant’s rated capacity. Mr. Cruz developed a periodic clean water flux testng protocol to confirm that the replacement membranes meet the requirements of the contract. He also inspected the membrane installaton and the control system modificatons to verify proper installaton.
CITY OF POST FALLS, Post Falls Water Reclamaton Facility Tertary Treatment Improvements, Post Falls, ID
Project Manager – Charles is the project manager for membrane filtraton pre-design procurement, and constructon support actvites for a tertary wastewater treatment system. The existng 5.2 mgd average/8.8 mgd peak water reclamaton facility will add tertary treatment to achieve ultra-low phosphorus removal for regulatory compliance and future recycled water use. He led the supplier prequalificaton and membrane filtraton equipment procurement efforts. The membrane filtraton system was be designed to accommodate membranes from at least two different membrane modules suppliers. Charles also oversaw the membrane filtraton component of a six-month pilot testng study to evaluate high-rate clarificaton and membrane filtraton. He led the membrane pilot design, constructon, operaton, data evaluaton, and pilot study report efforts.
TEXAS WATER DEVELOPMENT BOARD, Evaluatng the Potental of Direct Potable Reuse in Texas, Austn, TX Project Manager – The purpose of this project was to develop a resource document that could be used by Texas utlites to plan for future implementaton of direct potable reuse projects. The project team included natonal experts in water treatment, public health, regulatory issues, and risk assessment. Mr. Cruz developed direct potable reuse treatment schemes and evaluated removal performance for pathogens and chemical consttuents.
Feasibility level capital and operaton and maintenance costs were also prepared for each treatment scheme.
Results of the treatment scheme evaluation were included in overall project resource document.
John Halseth, PE
Senior Geotechnical Engineer Irvine, CA
John Halseth is a senior geotechnical engineer with fifteen years of experience as a design consultant to a diverse clientele including private developers, general contractors, design-build teams, and partner consultants. Mr.
Halseth’s experience includes program development, subsurface characterization, and providing geotechnical recommendations for a wide variety of projects. His project experience includes water treatment plants, deep excavations, mixed-use developments, airports, parking structures, institutional facilities (college laboratory and research buildings/educational facilities), and seismic retrofits projects.
Mr. Halseth is experienced in preparation of project scopes, fee estimates, and proposals as well as executing geotechnical investigations, performing analysis and design, and the preparation of comprehensive design reports.
He is experienced with coordination, submittal, and obtaining approval from several building officials including, city and county building departments, and the California Division of the State Architect (DSA) and their internal geotechnical review agency the California Geological Survey (CGS). He is also experienced in geotechnical instrumentation and remote sensing. His instrumentation experience includes in-place inclinometers, extensometers, load cells, tilt meters, accelerometers, and seismographs.
Professional Registrations
• Professional Engineer, PE 82559, California
Education
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•
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M.S., Civil Engineering (Geotechnical Engineering), California State Polytechnic University (2012) B.S., Civil Engineering, California State Polytechnic University (2008) A.S., Science, Riverside Community College (2004)
Project Experience
Riverside Water Quality Control Plant Expansion, Riverside, CA Project consisted of a major expansion to an existing wastewater treatment plant including the construction of new membrane bioreactor and activated treatment facilities, new solids handling facilities, and ancillary features such as generator pads, and chemical storage buildings. The project also included storm water detention basins, yard piping, paving, and grading. The native alluvial deposits were found to be susceptible to liquefaction. And therefore, remedial grading recommendations were provided to mitigate liquefaction- induced settlement.
Fort Irwin National Training Center Water Treatment Project, San Bernardino County, CA Geotechnical investigation and design of a new water treatment plant at the Fort Irwin US Army National Training Center. Project included subsurface investigation and site characterization for design and construction. The project included new pipelines, storage tanks, and conveyance channels. Geotechnical recommendations were provided for foundations, grading, and on-site stormwater basins.
Camp Pendleton Marine Corps Base Wastewater Treatment Plant, Camp Pendleton, CA Project consisted of a major design-build project involving water treatment plants, conveyance pipeline systems, deep wells, and a solar development on the active Marine Corps Base. Project included intensive subsurface investigation program and site characterization for design and construction. Geotechnical recommendations were provided for foundations, grading, and new pipeline systems.
Whittaker-Bermite Soil Mitigation Project, Santa Clarita, CA One of the nation’s largest perchlorate contamination mitigation projects resulting from previous manufacturing of explosives. Mitigation involved removal, treatment, and replacement of the impacted soils. Removal of the impacted soils required relatively deep and numerous excavations directly adjacent to the natural hill-side terrain.
UC Riverside Multidisciplinary Research Building, Riverside, CA Design-build project included the construction of a new five-story educational facility on the campus of the University of California, Riverside. The structure is situated partially within dense, native sandy material, and 1 of 2
John Halseth, PE
Senior Geotechnical Engineer Irvine, CA
partially within a previously infilled ravine, resulting in relatively deep undocumented fill materials that are present beneath approximately one-half of the building footprint. Customized foundation recommendations were provided that included a combination of spread footings bearing on dense native material and/or on properly compacted fill, and drilled shafts extending through areas of relatively deep undocumented fill.
New Indy Containerboard Facility Expansion, Ontario, CA Facility expansion of an existing packaging manufacturer and paper recycling plant. Project included the construction of a new 200,000 square foot warehouse facility. Project was situated within relatively loose alluvial deposits that were found to be susceptible to hydro-collapse. Remedial grading was recommended to allow for use of a spread footing foundation design.
Los Angeles International Airport Midfield Satellite Concourse, Los Angeles, CA Design-build project included the construction of a new international terminal, utility tunnels, passenger tunnels, and a new subterranean baggage handling facility. Jack and bore operations were also performed for the installation of new underground utilities. Project included the development and execution of a substantial geotechnical monitoring and instrumentation program that was utilized to assess the performance of shoring, and jack and bore tunnel operations.
Aquarium of the Pacific, Pacific Visions, Long Beach, CA The project was created by artificially extending the shoreline by placement of hydraulic fill. The original building is supported on stone-column improved soil to mitigate the potential for substantial liquefaction-induced settlement. The Pacific Visions expansion project is situated within an area that was not improved by the original stone columns and therefore, additional mitigation was required. Compaction grouting was selected as the preferred method of ground improvement for the new expansion due to the relatively low potential for construction-induced vibrations that would have otherwise impacted the existing aquarium building.
Temecula Valley Hospital First Floor Expansion, Temecula, CA Project included a building addition to expand Temecula Valley Hospital’s first floor by an additional 29,000 square feet. A rigorous geotechnical investigation was performed that included numerous borings, high frequency standard penetration testing (SPT), project-specific hammer energy measurements, as well as a robust laboratory testing program. This allowed for an exceptionally detailed liquefaction analysis and customized foundation recommendations that addressed the liquefaction and lateral spreading potential as well as insured performance compatibility between the first floor expansion and the existing hospital building. 5701 Katella Ave. Parking Structure, Cypress, CA
Multi-level parking structure for an existing medical office building. Project was situated within an area that was found to be susceptible to significant liquefaction-induced settlement. Drilled displacement columns (DDCs), a form of rigid inclusion, was selected as a foundation support alternative that is capable of transferring foundation loads into the underlying, competent bearing stratum. Down drag loads were utilized in the design to account for the effects of liquefaction. Full scale load testing was performed to evaluate downward capacity of the DDC elements and to confirm the computed theoretical values.
Memberships and Associations
• Member, American Society of Civil Engineers (ASCE)
2 of 2
Osman Pekin, PhD, PE, GE
Principal Irvine, CA
Osman Pekin has forty years of experience in civil engineering working on national and international, large, multi- disciplinary projects. He serves as SLR’s Technical Discipline Lead for geotechnical engineering. His project experiences include serving as Principal Engineer for the design-build of water treatment plants at Marine Corps Air Combat Center in Twentynine Palms, CA; water treatment plant and distribution systems at U.S. Army National Training Center in Fort Irwin, CA; and several other water treatment plant design and design-build projects. He specializes in value engineering, design-build, risk mitigation, foundations, temporary shoring, and dewatering systems. He has been named a Fellow of the American Society of Civil Engineers for his contributions to the profession.
Professional Registrations
•
•
Geotechnical Engineer, GE 2331, California
Professional Engineer, PE 49561, California
Education
•
•
•
Ph.D., Ocean / Geotechnical Engineering, University of Rhode Island (1988) M.S., Ocean / Geotechnical Engineering, University of Rhode Island (1981) B.S., Mechanical Engineering, Bosphorus University, Istanbul, Turkey (1978) Project Experience
Regional Water Quality Control Plant Expansion, Riverside DPW, Riverside CA Provide geotechnical services for a 26 MGD treatment plant expansion for design and construction of four new circular clarifiers, a primary effluent equalization basin, conversion of existing secondary basins to primary equalization, pump stations, and several other facilities. Provide geotechnical consultation during construction.
Water Treatment Plant, Marine Corps Air Ground Combat Center, Twentynine Palms, CA Serve as the lead geotechnical engineer for new water treatment plant, ponds, storage tanks, facility buildings, and water conveyance systems. Prepare geotechnical reports, provide CQA oversight and consultation during earthwork, foundation, and utility trench construction.
Water Treatment Plant and Distribution System, U.S. Army National Training Center, Ft Irwin, CA Serve as the lead geotechnical engineer for the design-build of a 6 mgd water treatment plant, 1 MG storage tank, several miles of water distribution systems, flood control channel, detention basins, and wells, valued at over $100 M. Develop a Value Engineering Change Proposal (VECP) for evaporation ponds using less costly on-site soil- cement mix materials.
Water Treatment Plant, Marine Corps Base, Camp Pendleton, CA Lead the geotechnical services of a design-build project involving two water treatment plants, conveyance systems, and solar development. Provide consultation for Differing Site Condition claims related to the discovery of a clay-infilled canyon during earthwork.
Ave. 62 Trunk Sewer, Coachella Valley Water District, Riverside County, CA Provide forensic investigation of 42-inch vitrified clay pipe failure. Identify the geotechnical and shoring related causes of failure and develop recommendations. Conduct pump tests to reduce risks during remedial construction.
Provide consultation during construction for pipe rehabilitation and replacement.
Leprino Plant Detention Basin, Lemoore, CA
Evaluate a detention basin and conveyance systems for an industrial facility. Develop a subdrain system to limit maximum groundwater level under the basin to achieve California Title 27 compliance. 1 of 2
Osman Pekin, PhD, PE, GE
Principal Irvine, CA
Baxter Bioscience pH Neutralization Facility, Los Angeles, CA Provide geotechnical services for a design-build project. Oversee earthwork, shoring, tiebacks, pile driving, and vibration monitoring. Obtain LADBS permits.
Harvard Avenue Trunk Sewer, Irvine Ranch Water District, CA For a design-build project with micro-tunneling and pump station deep excavations in a highly developed area, provide services related to excavation support, dewatering, vibration monitoring and pre-construction surveys.
This project received the ASCE Orange County Project Achievement Award.
Santa Maria Valley Levee Improvements, Santa Maria, CA
Serve as the reviewer for geotechnical design and constructability of levee improvements. The project included a sheet pile core to avoid encroachment into environmentally sensitive areas.
Lower Santa Ana River Embankment Protection, Orange County, CA Evaluation of embankment protection alternatives for Santa Ana River downstream of the Prado Dam. Project addressed the high flow and potential scour during dam release conditions. Evaluate sheet piles with tiebacks, improved earth structures, and scour-launched toe riprap. Improvements led to substantial savings. This project received an ‘Exceptional’ rating from the U.S. Army Corps of Engineers.
McKay Point Reservoir, Calaveras County, CA
Evaluate slope stability and slurry wall seepage cut-off system for a 75-foot deep water storage and re-regulation reservoir adjacent to St. John’s River.
Principal Engineer, Machado Lake Dredging, Harbor City, CA Evaluate the feasibility of dredging and dewatering lake bottom sediments using geotextile tubes and polymer injection. Project involved dredging and sediment handling in an urban setting with limited laydown areas. This project won the ENR California Best Project Award in Water/ Environment and was presented at the Battelle International Conference on Remediation of Contaminated Sediments.
Principal Engineer, Stevenot Dam, Calaveras County, CA
Perform Failure Modes Analysis (FMA) for a 70-foot tall earth dam under California Division of Safety of Dams (DSOD) jurisdiction.
Principal Engineer, Rehabilitation of Colma Creek Channel Walls, San Mateo, CA Lead geotechnical for the forensic assessment and remedial design of distressed concrete sheet pile walls in Bay mud. Oversee explorations and geophysical tests, develop alternatives and make presentations to stakeholders.
Provide reports and input for plans, specifications, and temporary stabilization. Provide construction consultation.
Memberships and Associations
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•
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Fellow, American Society of Civil Engineers (ASCE)
Member, SAVE International
Member, DBIA
Reviewer, ASCE Journal of Geotechnical and Geoenvironmental Engineering Member, Committee on Permanent Tiebacks, ASCE Los Angeles Chapter Selected Publications
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Development of Foundation Systems for Solar Array at Owens Lake, CA. Lead Author. Proceedings of the ASCE Geo-Congress on Geo-Characterization and Modelling for Sustainability (2014) Sediment Dewatering and Disposal Considerations in an Urban Setting. Co-Author. Sixth International Conference on Remediation of Contaminated Sediments (2011) Tunnelling Under Los Angeles. Co-Author. N. American Tunnelling (NAT) Conf. Proceedings (2010) 2 of 2
515 S. Flower Street, 18th Floor
Los Angeles, CA 90071
woodardcurran.com
ATTACHMENT C
1 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project CC24-099
CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
WOODARD & CURRAN, INC.
FOR
IWWTP EXPANSION 2024 DESIGN AND CONSTRUCTION SUPPORT,
PROJECT CC24-099
THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), dated this ay of , 2024, for reference purpose only, is made and entered into by and between THE CITY OF VICTORVILLE, a municipal corporation located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and Woodard & Curran, Inc., a corporation located in the state Maine, hereinafter referred to as “Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.” RECITALS:
WHEREAS, the City requires Consultant/Professional Services for IWWTP Expansion 2024 Design and Construction Support; and
WHEREAS, Consultant represents that it is fully qualified to perform the consulting and/or professional services required for performance under this Agreement by virtue of its experience and the training, education and expertise of its principals and its employees; and WHEREAS, in light of the facts set forth above, the City desires to retain the services of a qualified Consultant to provide, on an independent contractor basis, IWWTP Expansion 2024 Design and Construction Support; and
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein.
Section 2. SCOPE OF SERVICES
Consultant shall provide to the City those services set forth in the Scope of Services, attached hereto as Exhibit “A” and incorporated as part of this Agreement by this reference.
Section 3. COMPENSATION
The City shall pay to Consultant a sum not to exceed One Million Eight Hundred Eighteen Thousand Eighteen and 00/100 Dollars ($1,818,018.00) for faithful performance of the services to be rendered under this Agreement, subject to the Proposal provisions of Section 4, below. No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense 2 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project CC24-099
reimbursements: (i) are specifically provided for and described by nature and type in Exhibit “B”, below; (ii) appear on Consultant’s monthly invoices to City; (iii) are supported by the appropriate receipts and other such documentation as the Cit y shall require; and (iv) are directly related to the Scope of Services to be performed under this Agreement. In addition, any and all reimbursements shall be made in accordance with any City policy governing same.
Section 4. COST PROPOSAL (CHANGE AS APPLICABLE)
The City shall pay Consultant as provided in the Cost Proposal, attached hereto as Exhibit “B” and incorporated as part of this Agreement by this reference. The provisions of Exhibit “B” notwithstanding, in order to receive payments, Consultant shall be required to submit to the City detailed monthly invoices which include, if applicable, a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any, as required by Section 3, above. Provided that services have been satisfactorily rendered, invoices shall be paid by the City approximately thirty (30) working days following receipt of Consultant’s invoice.
Section 5. RESERVED
Section 6. TERM OF AGREEMENT
This Agreement shall be for an Initial Term of One (1) year commencing on the date of full execution of the Agreement (the “Commencement Date”) and expiring on One (1) year from the Commencement Date (the “Termination Date”) (the “Term”), unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent Agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 21 below.
This Agreement may be extended for Four (4) additional one-year periods (hereinafter “Option Periods”), at the option of the City, subject to satisfactory performance as determined by the City. The City shall give Consultant sixty (60) days advance written notice prior to the expiration the initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the City decide to exercise its option(s) to extend. In the event City does not give Consultant such written notice of its option to extend, this Agreement shall terminate at the end of the then- current Term or Option Period without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 below. Should the City fail to give Consultant the sixty (60) days written notice of its intention to exercise any Option Period, the City may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Consultant.
Section 7. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the Parties that Consultant is an independent contractor and not an employee, agent, joint venture, or partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or any employee or agent of Consultant. Both Parties acknowledge that Consultant is not an employee for state or federal tax purposes or any other purpose. Consultant shall retain the right to perform services for others during the term of this Agreement.
3 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project CC24-099
Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS OF
CONSULTANT
a. Consultant represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City.
(3) The services described in this Agreement can be performed without the use of City equipment, materials, tools, or facilities, unless otherwise provided under a separate Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by Consultant to perform the services described in this Agreement.
(6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The City represents and acknowledges the following:
(1) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement. (2) The City will not hire, supervise, or pay any employees or assistants working for Consultant pursuant to this Agreement. Nothing contained in this Agreement shall prevent the City from hiring Consultant’s employees or assistants after termination of this Agreement.
(3) Nothing in this Agreement shall be interpreted to imply that Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(4) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement. (5) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement.
(6) Unless deemed necessary under certain circumstances, Consultant is not required to perform the services set forth in this Agreement at City Hall or on City-owned property.
Other than attendance at required public meetings and public hearings, and complying with the provisions of the Proposal set forth in Exhibit B and any procedural requirements set forth by 4 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project CC24-099
law, Consultant is not required to perform the services set forth in this Agreement in any particular order or sequence.
(7) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.
Section 9. NOT AGENT OF THE CITY
a. Nothing contained in this Agreement shall be deemed, construed, or represented by the City or Consultant or by any third person to create the relationship of principal and agent. b. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.
Section 10. LICENSES AND PERMITS
Consultant represents that it has obtained and will maintain at all times during the Initial Term (and during the Option Period, if applicable) of this Agreement all business licenses, including but not limited to a City of Victorville business license, professional licenses or certifications, or permits necessary for performing the services described in this Agreement.
Section 11. STANDARD OF PERFORMANCE; WARRANTY
a. Consultant agrees to perform all services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar services under similar conditions in the same or similar locality. Such services shall also be performed in a manner which is reasonably satisfactory to Fredy A. Bonilla, City Engineer, or his designee. b. By executing this Agreement, Consultant warrants that it:
(1) Has thoroughly investigated and considered the services and work to be performed;
(2) Has investigated the issues regarding the scope of services to be provided;
(3) Has carefully considered how the services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.
Section 12. FAMILIARITY WITH WORK
Should Consultant discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not provide any services, except at Consultant's risk, until written instructions are received from Fredy A. Bonilla, City Engineer, or his designee. 5 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project CC24-099
Section 13. CONFLICTS OF INTEREST
Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s services under this Agreement. Consultant further covenants that in the performance of services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.
Section 14. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Consultant or its employees, officers, or board members.
Section 15. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY
INSURANCE
a. Consultant shall procure and maintain at its own expense, during the Initial Term of this Agreement (and during the Option Period, if applicable) , Commercial General Liability Insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the acts or omissions of the Consultant or its officers, employees, servants, volunteers, and agents and independent contractors.
b. Consultant shall further procure and maintain, at its own expense, during the Initial Term of this Agreement, (and during the Option Period, if applicable), Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement.
Section 16. WORKERS' COMPENSATION INSURANCE
a. Consultant shall procure and maintain at its own expense, during the Initial Term of this Agreement (and during the Option Period, if applicable), Workers' Compensation Insurance, providing coverage as required by the California State Workers' Compensation Law.
b. If any class of employees employed by the Consultant pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the City.
Section 17. PROFESSIONAL LIABILITY INSURANCE
a. Professional Liability Insurance or Errors and Omissions insurance as appropriate to Consultant’s profession shall be required and written on a policy form specifically designed to provide coverage for and protect against the negligent acts, errors and omissions of 6 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project CC24-099
the Consultant in the performance of the services required by this Agreement. A minimum limit of $1,000,000 per claim and in the aggregate must be provided.
Section 18. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation and Professional Liability, shall be endorsed to name the City and it s officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.
Section 19. WAIVER OF SUBROGATION RIGHTS
Consultant shall require the carriers of all required insurance policies, with exception to Professional Liability, to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, and independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
Section 20. PROOF OF INSURANCE COVERAGE; REQUIRED
ENDORSEMENTS
a. Consultant shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the City Clerk certificates of insurance evidencing the required coverage, and policy endorsements at least one (1) business day prior to the commencement of any services to be performed under this Agreement. b. The policies and certificates of insurance shall be endorsed to provide that in the event of cancellation of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
c. Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.
d. Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the Initial Term (and during the Option Period, if applicable), of this Agreement.
e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this contract, the Consultant’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be Section 21. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least 7 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project CC24-099
thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
Section 22. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 23. INDEMNIFICATION
a. Except as set forth in Subsection b of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.
b. The provisions of this Subsection b apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. (1) Notwithstanding the provisions of Subsection a above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.
(2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set for th in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference.
Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees.
c. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance 8 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project CC24-099
policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
d. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.
Section 24. REPORTS
Upon request by Fredy A. Bonilla, City Engineer, or his designee or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the services required by this Agreement.
Section 25. RECORDS
a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Fredy A. Bonilla, City Engineer, or his designee, to evaluate the cost and the performance of such services.
b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. Fredy A. Bonilla, City Engineer, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to Fredy A. Bonilla, City E ngineer, or his designee, for purposes of performing an audit for a period of five (5) excess of the Consultant’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.”
Section 26. RESERVED
Section 27. CONFIDENTIALITY; OWNERSHIP OF WORK
a. Any and all documents and information obtained from the City or prepared by Consultant for the City shall be kept strictly confidential unless otherwise provided by applicable law. All City data, documents and information shall be returned to the City upon termination of the Agreement.
b. Any drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of Fredy A. Bonilla, City Engineer, or his designee, or as required by applicable law.
9 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project CC24-099
c. Consultant shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of Fredy A. Bonilla, City Engineer, or his designee, or as required by applicable law.
d. A ll original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultant’s services or when requested by Fredy A. Bonilla, City Engineer, or his designee. Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant.
e. Consultant’s covenants under this Section 27 shall survive the termination of this Agreement.
Section 28. PRINCIPAL REPRESENTATIVES
a. Scott Goldman, Vice President, or his designee, is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement.
b. Fredy A. Bonilla, City Engineer, or his designee shall be t he principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement. c. Either Party may designate another individual as its principal representative b y giving written notice of such designation to the other Party.
Section 29. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES
a. This Agreement may be modified or amended only by a written instrument signed by both Parties.
b. During the Initial Term, the City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of IWWTP Expansion 2024 Design and Construction Support but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.
Section 30. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous Agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and Agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or Agreements have been made by or on behalf of any Party, except those covenants and Agreements in this Agreement. c. No Agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to 10 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project CC24-099
this Agreement, shall be valid or binding on either Party.
Section 31. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.
Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Notwithstanding the foregoing, the Parties agree that Exhibit “B” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Consultant/Professional Services Standard Provider Agreement and Exhibit “B” the terms of this Consultant/Professional Services Standard Provider Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Consultant/Professional Services Standard Provider Agreement.
Section 32. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the City: Fredy A. Bonilla, City Engineer
Engineering Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Consultant: Scott Goldman, Vice President
Woodard & Curran, Inc.
515 S. Flower Street, 18th Floor
Los Angeles, CA 90071
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 33. NON-LIABILITY OF CITY OFFICERS AND
EMPLOYEES
No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Consultant or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
11 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project CC24-099
Section 34. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.
Section 35. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.
Section 36. ASSIGNMENT
This Agreement shall not be assigned by either Party without prior written consent of the other Party.
Section 37. CARE OF WORK
The performance of services by Consultant or the payment of money by the City shall not relieve Consultant from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such incomplete, inaccurate or defective work is due to the negligence of Consultant.
Section 38. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 39. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.
Section 40. GENDER
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another. 12 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project CC24-099
Section 41. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 42. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 43. DEFAULT
a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.
b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein.
c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.
Section 44. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 45. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
13 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project CC24-099
Section 46. ATTORNEYS’ FEES
In the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 47. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Consultant, approved by the City’s Risk Manager, and executed by the authorized City personnel or Mayor.
Section 48. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING
AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 49. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.
(END OF THIS PAGE)
14 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project CC24-099
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
THE CITY OF VICTORVILLE WOODARD CURRAN, INC.
By: _ By:
Elizabeth Becerra, Scott Goldman,
Mayor Vice President
Dated: _ Dated:
ATTEST
By: _
Jennifer Thompson,
City Clerk
Dated: __
By:
Sandra Bostick,
Risk Manager
Dated: _____________________________
APPROVED AS TO STANDARD FORM:
By: _______________________________
Andre de Bortnowsky,
City Attorney
Dated: ____________________________
15 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project CC24-099
EXHIBIT A
SCOPE OF SERVICES
SEE ATTACHED
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Scope
Phase 1: Preliminary Design (30%) Services
Woodard & Curran will prepare a Preliminary Design Report, complete with 30% design drawings, applicable design criteria and assumptions, a cost estimate, a Project implementation timeline (including detailed design), and recommendations for the detailed design. The preliminary design services will start with a kickoff meeting and site reconnaissance.
Phase 1 Project Management and Administration
Project Administration: Project administration includes Project setup, invoices, coordination meetings, schedule development and monitoring, financial monitoring, and related work. The Project Manager/Deputy Project Manager and Project Assistant will conduct this work for the duration of the Project.
Kickoff Meeting: Woodard & Curran will meet via teleconference with the City of Victorville to initiate the Project. The tentative agenda includes:
• Introductions
• Review City of Victorville’s goal and objectives
• Review of design concept and key Project criteria
• Review of Project approach
• Review of scope of work
• Review schedule
• Discussion of data needs from the City of Victorville • Review of logistics of communications, reviews, and other coordination items Project Meetings: The Project Delivery Team will meet weekly during the Project to discuss project design progress and any related issues with the City of Victorville. These periodic meetings will be conducted via teleconference.
Project Workshops: Woodard & Curran will conduct up to five (5) workshops with the City of Victorville, typically after each design milestone deliverable. The workshops will provide stakeholders with the opportu- nity for input on the design.
QA/QC: We will implement several Quality Assurance/Quality Control (QA/QC) measures during the Project.
A team of senior experts, who are independent from the design team, will review the Project at the start and at the initial milestones. This Senior Technical Advisory Review, or STAR, will focus on big picture issues including operations, maintenance, constructability, opportunities for innovation, and a wide range of consid- erations to help the Project Team achieve overall Project success.
In addition, senior engineers will provide independent technical reviews of the designs, calculations, and drawings. These reviews focus on the design details.
Finally, via the workshops and design reviews (both internal and by the City), constructability, operability, and safety approaches will be validated.
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Initial Site Investigations
Site Visit: Up to three (3) members of our engineering team will conduct a site investigation to verify field conditions, obtain data needed for the detailed design, and identify potential field conditions that are not represented or that are inconsistent with record information. The engineers will meet with site personnel to obtain information. The scope will be primarily focused on verifying tie-in points for utilities and process equipment and reviewing existing control systems and requirements for the new system.
Initial Geotechnical Investigations: Woodard & Curran and SLR Consulting will conduct a desktop analysis and geotechnical survey at the proposed site for new treatment processes. The locations and scope of the investigations will be dependent on upgrading the existing IWWTP versus adding new treatment trains on an adjacent parcel.
The scope of work includes:
• Investigating subsurface utility records, notifying utility owners of anticipated work and requesting current record information, and mapping known utilities prior to drilling. • Drilling borings or rock probes in the areas of future structures or along pipes routes. This scope assumes up to six borings advanced to depths of 30, 50, and 80 feet below ground surface using hollow-stem-au- ger drilling equipment.
• Obtaining samples and performing analyses to establish soil characteristics, groundwater levels, and soil chemistry.
• Geotechnical recommendations including subgrade preparation, foundation and flooring design, dewa- tering during construction, soil bearing capacity, and seismic classifications.
The geotechnical investigations, findings, and recommendations will be recorded in a geotechnical report and included as an appendix to the Preliminary Design Report.
Financial Initiative Plan
Financial Initiative Plan: Woodard & Curran will develop a Financial Initiative Plan (FIP) that is tailored to the IWWTP expansion’s funding needs and will help the City develop a holistic plan to fund the Project. Funding programs whose drivers match specific elements of the City demographic characteristics and needs will be identified and evaluated for competitiveness and fit. Woodard and Curran will develop a demographic profile of the City to identify funding-related characteristics and will review available data associated with the IWWTP funding needs and technical plan. Using this data, our financial specialists will evaluate funding opportunities that best match the financial needs. As part of Woodard & Curran’s commitment to the City’s on-going success, the FIP is included at no additional cost. Specific components for the FIP include the following:
• Conduct a desktop survey, including:
» Investigate funding and financial resources and strategies to support the IWWTP expansion. » Review each project element with appropriate City officials to provide the most current program information and best program fit.
» Develop a community demographic funding profile.
• Identify available revenue sources for the project.
• Identify funding shortfalls for the project.
• Identify funding and financial agency opportunities for the projects and present alternative funding and finance agency requirements, notice of funding availability expectations, administrative requirements and process requirements.
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• Conduct a funding matrix evaluation of viable options for grant funding, low-interest financing, and other fiscal solutions, including an estimation of any funding gap. • Conduct a scenario analysis for the project, including:
» Funding and financial scenario calculations
» Funding and financial agencies outline and synopsis
» Fiscal recommendations
» Implementation schedule for application, planning, and administration for recommended programs • A Draft FIP with recommendations, to include an action plan based on findings and scenario analysis for project funding and financing, as well as considerations for project priorities if funding opportunities indicate a benefit exists.
• A Final FIP and presentation of findings and recommendations.
Conceptual Design
Conceptual Design: Based on our technical approach, Woodard & Curran will develop a conceptual design to meet the Project objectives. Key background information, performance parameters and potential technology, and layout alternatives will be identified. Woodard & Curran will then facilitate a Conceptual Design Workshop to present a summary of our understanding of the historical flows and loadings, confirm projections, and present initial design findings. Alternatives to meet the Project criteria will be presented and discussed.
Based on the Conceptual Design Workshop, supplemental investigations will be scoped as needed to address data gaps and performed only as authorized by the City. For the purpose of the level of effort, the following is assumed to be required following the Conceptual Design Workshop:
• Topographic Survey: Its assumed Woodard & Curran’s subcontractor will conduct a topographic survey at the location of new tankage/processes. The survey will include topography (1-foot intervals) within the limits of work, surface features, above-grade utilities, and above-grade structures. The survey will incor- porate buried utilities available from existing site utility plans provided by the City of Victorville (in Civil 3D 2023). The surveyor will be licensed in the state of California. The deliverable will be a sealed PDF copy of the survey and an unsealed Civil 3D, 2023 file (complete with COGO points in accordance with Woodard & Curran standard layering and linetype standards).
• Geotechnical Investigations: No supplemental geotechnical investigations are required. • Utility Potholing: Utility potholing will be performed to verify City and utility infrastructure as needed to facilitate improvements. Utilities known to be connection points for or in conflict with the Project will be located. Where coordination is required, elevations of existing utilities will be mapped and provide to the applicable utility. Utilities will be updated on the design drawing basemap. If needed, Woodard & Curran will prepare Second Utility Notification Letters (Prepare to Relocate), Third Utility Notification Letters (Notice to Relocate), and if necessary, Fourth Utility Notification Letters (Notice to Relocate immediately).
Initial Permitting and Environmental Documentation
Environmental Constraints: Woodard & Curran and its subconsultants will perform the following and provide an Environmental Constraints section in the Preliminary Design Report. These field and desktop surveys will include the proposed seven acres where a second treatment train may be placed. The scope of work includes developing a constraints memorandum that includes evaluation and documentation of:
• Biological Resources: Reconnaissance of level field surveys with field notes, geospatial data, and the constraints memorandum to report common habitats and flora and fauna as well as special status D | Workplan
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species, and jurisdictional water features. A Biological Resources Technical Memorandum would be prepared and included as an Appendix to the environmental constraints report. • Cultural Resources: The results of the Record Search will be reviewed and evaluated to inform a site survey that will be used to identify and help avoid potential archaeological, historical, or Tribal cultural resources. A Cultural Resources Technical Memorandum would be prepared and included as an Appendix to the environmental constraints report.
• Other CEQA Guidelines Appendix G Resources: The field visit will assess land use conditions of proposed Project areas for potential constraints related to sensitive land uses, receptors, and potential environmental impacts.
• Recommendations for Avoidance and Minimization Measures: Recommendations for avoiding potential impacts to resources identified or ways to reduce potential impacts will be incorporated into the report and used to help inform design.
• Permitting Strategy: The Environmental Constraints section will include a preliminary identification of environmental permits likely to be required. Potential permits will be summarized in table format with brief description of permit name and jurisdictional agency, permit trigger, approximate timeline, and the likelihood of the permit being required.
Permitting Review: Woodard & Curran will use the information developed for the Environmental Constraints Report and other local and state permitting requirements to prepare a list of permits required for the Project to be incorporated into the Engineering Report. This work is limited to the identification of the needs and generic anticipated timelines of approval.
California Environmental Quality Act Compliance & Permitting Woodard & Curran will support the City in the preparation of CEQA compliance documents. Woodard & Curran will use the findings of the Environmental Constraints in the Preliminary Design Report to inform the preparation of an Initial Study and assumed Mitigated Negative Declaration (IS/MND). The IS/MND will follow the CEQA Guidelines and evaluate impacts as listed in CEQA Appendix G. After the City’s approval of the Project Description, Woodard & Curran will prepare the following:
• an Administrative Draft IS/MND,
• a Screencheck Draft IS/MND,
• a public draft IS/MND, and
• a draft Notice of Intent of Availability.
The IS/MND would at a minimum include the following sections:
• Title Page and Tables of Contents
• Introduction: This section provides a preamble to the document with an explanation of CEQA requirements.
• Project Description: A draft of the Project Description will be provided to the City for approval before the Administrative Draft is prepared. The Project Description will be updated as needed throughout the permitting process.
• Environmental Impact Analysis: Woodard & Curran will follow the CEQA Appendix G checklist to evaluate potential impacts of the selected Project.
• List of document preparers
• References
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New Waste Discharge Requirements Permit Amendment
Woodard & Curran will perform the following tasks in assistance with the City’s permit renewal, including permitting the increased flow.
Report of Waste Discharge (ROWD) Strategy: Woodard & Curran will conduct the perform the following in support of the ROWD renewal:
• Project Kick-off Meeting: Schedule, prepare an agenda, and lead, a permitting specific kick-off meeting with City staff to discuss issues of potential concern, planned changes at the IWWTP, compliance considerations, expected and requested Permit changes, preliminary contents for the ROWD, project milestones, and proposed project schedule.
• Regional Water Quality Control Board (Regional Board) Coordination: Conduct a workshop to under- stand Regional Board priorities and expectations related to the Permit amendment. • Permit Strategy Meeting: Develop a strategy based on insights from the Regional Board Workshop.
Conduct a meeting with City staff to present and refine an appropriate permit amendment strategy.
ROWD Application: Woodard & Curran will collaborate with the City in the preparation of the ROWD appli- cation package. The Woodard & Curran team will prepare the draft ROWD in accordance with the following sub-tasks:
• Request for Information: Collect and review available facilities descriptions, as-builts and water quality data that are needed for the ROWD preparation. Conduct a gap analysis to determine what additional information is needed in order to complete the ROWD application package. • Prepare Draft ROWD: Produce a draft ROWD permit renewal application package for City review and comment. Draft package will include a cover letter, required forms (Form 200 & any required forms from the Regional Board), facility and infrastructure descriptions, requested changes to the current Permit, and any special technical analyses completed that may be requested by the Regional Board. Following City review of the ROWD application package, a meeting will be held to discuss City comments. • Antidegradation Analysis: As required as part of the ROWD, conduct an Antidegradation Analysis to evaluate whether the increase in flow is consistent with federal and state antidegradation policies in 40 CFR Section 131.12 and State Water Board Resolution 68-16. The Antidegradation Analysis report is expected to include the following primary elements:
» Overview of the proposed discharge condition
» Water quality assessment
» Evaluation of best practicable treatment or control (BPTC) » Socioeconomic considerations
» Antidegradation analysis findings
• Prepare/Submit Final ROWD: Prepare a draft ROWD for City review. Following receipt of City comments on the draft ROWD application package, incorporate the City comments and produce a final ROWD appli¬cation package for submittal to the Regional Board. The final package will include City representa- tive signature on the cover letter and certification signatures on state and federal forms. • Negotiate Permit: Immediately following Regional Board issuance of an Administrative Draft Order, review the Administrative Draft Order and provide suggested comments to the City for review. Meet (vir- tually) with the City to discuss sug¬gested Administrative Draft comments. (Typically, the Regional Water Board provides approximately one week to review the Administrative Draft Order and submit comments.
Given the short review period, meetings associated with the review of the Administrative Draft Order D | Workplan
Project CC24-099
D.16
will be held virtually.) Produce final comments, including City input, for submittal to the Regional Board.
Correspond with Regional Water Board staff, as necessary, to answer questions and negotiate permit terms and conditions.
• Tentative Order: Review the Tentative Order, following issuance by the Regional Water Board, and provide suggested comments to the City for review. Meet with the City to discuss suggested Tentative Order comments. If necessary, conduct additional research for citations of precedent-setting activity.
Produce final comments for submittal to the Regional Water Board. Correspond and meet with Regional Water Board and City staff, as necessary, to answer ques¬tions and negotiate permit language. • Revised Tentative Order: Review responses to comments and revised Tentative Order for consistency with previous negotiations and to check whether any new issues need to be discussed with Regional Board staff. Correspond with Regional Board and City staff, as necessary, to resolve any issues or concerns.
• If requested by the City, assist in preparing a presentation for delivery in front of the Regional Board during the Permit adoption hearing. If the Permit is not in the consent calendar, assist the City in prepar- ing for the adoption hearing and attend to help answer any technical questions. 30% Design Documents
Basemapping: In addition to leveraging existing IWWTP record information and drawings, Woodard & Curran will perform a three-dimensional (3D) scan of the existing facilities that will be integrated into the design. The scope will include applicable above ground and visible buildings, structures, equipment, piping, and cable tray. The extent of the scanning will be established during the Conceptual Design Workshop. Note that the original design of the IWWTP was completed in a program known as MEP which is not directly compatible with the current standard of 3D design (Revit 2024).
30% Drawings: Woodard & Curran will develop the 30% preliminary design that defines the design basis for the different disciplines. It will incorporate design standards established by the City of Victorville and by authorities having jurisdiction. Woodard & Curran will summarize the design criteria necessary for each discipline. Woodard & Curran will prepare preliminary drawings including civil/site, process mechanical, electrical and instrumentation as follows:
• Civil/Site - includes existing and proposed site layouts, utility identification, rights-of-way and easement identification, grading, site constraints, initial erosion and sedimentation details and post-construction stormwater management.
• Process Mechanical – existing and proposed process flow diagrams with mass balance, existing and proposed hydraulic profile, initial plans and sections of proposed or modified conditions. • Electrical – existing and proposed one line diagram, initial electrical site plan • Instrumentation – network architecture diagram
30% Opinion of Probable Construction Cost: Woodard & Curran will prepare a Class 3 opinion of probable construction cost (30% cost estimate) as defined by the AACE to develop a summary of capital expenditures (CAPEX) using the 30% design drawings. A Class 3 estimate is a Project Budget Estimate or Funding Request Estimate. The expected accuracy for Class 3 estimates typically ranges from -20 to +30 percent. We will also prepare a cost estimate for IWWTP operations expenditures (OPEX). The cost estimating methodology will be provided as an appendix to the Preliminary Design Report.
Preliminary Design Report: We will prepare an Engineering Design Report that summarizes the design criteria and rationale as described below:
D | Workplan
Project CC24-099
D.17
• Executive Summary
• Project Background including
» Design objectives
» General condition assessment of existing facilities
» Identification of stakeholders and their respective interfaces » Prioritize upcoming capital improvements
• Permitting Review
• Historical and Projected influent flows and loadings
• Summary of effluent water quality criteria
• Project alternatives analysis
• Basis of design details for civil/site, architectural, structural, process mechanical, HVAC, plumbing, electri- cal, instrumentation, facilities protection disciplines • Preliminary equipment list
• 30% Cost Estimate
• Summary of financial funding opportunities
• Conceptual Full Advanced Treatment Design
» Development and execution of a water sampling campaign to characterize the existing IWWTP’s treated effluent for reverse osmosis.
» Identification of the steps and upgrades needed for the IWWTP to provide advanced treatment for potable reuse with regards to meeting regulatory requirements and to developing design documents.
» Preliminary sizing of the Department of Drinking Water’s standard DPR treatment train process components for the City of Victorville’s application.
» Development of a facility approach, including planimetric layout, location, and waste stream management.
• Project delivery options and next steps
30% Design Workshop and Review: We will facilitate a workshop with City of Victorville to review the draft Preliminary Design Report. Following the workshop, Woodard & Curran will incorporate the City’s consoli- dated comments into the final Preliminary Design Report Phase 1 Deliverables: The deliverables for this phase include:
• Monthly invoice and progress report (pdf)
• Agenda, meeting materials, and minutes from workshops (pdf) • Draft and Final Preliminary Design Report (pdf), including:
» Geotechnical Report
» Written acknowledgements from utility owners of data request » Biological Resources Technical Memorandum
» Cultural Resources Technical Memorandum
» Topographical survey (sealed PDF and unsealed Civil 3D 2024 .dwg format) » Utility Potholing Findings (pdf)
• Initial Study and assumed Mitigated Negative Declaration (IS/MND)(pdf), including an Administrative Draft IS/MND, a Screencheck Draft IS/MND, a public draft IS/MND, and a draft Notice of Intent of Availability. • ROWD Kickoff, RWB Workshop, and Strategy Meeting agenda, meeting materials, and minutes (pdf) D | Workplan
Project CC24-099
D.18
• Draft and Final ROWD (pdf)
• Responses to City’s 30% Design Workshop
• Financial Initiative Plan
• Agenda, meeting materials as needed, and meeting minutes (pdf) for the following:
» Kickoff Meeting
» Conceptual Design Workshop
» 30% Design Workshop
Phase 1 Assumptions: The following assumptions are included in this phase of services:
• Drawings will illustrate the “design intent” and not “as-built” conditions. For example, if pipes or conduits sag slightly, they will be drawn as straight lines without the sag. Building walls will be drawn as plumb even if they are slightly out of plumb. Modeling the existing IWWTP will be based on a Level of Development (LOD) level 200 in accordance with the American Institute of Architects. • The original design of the IWWTP was completed in a program known as MEP which is not directly compatible with the current standard of 3D design (Revit 2024). • For the basemapping, the surveyor will condition the scan through Recap to remove extraneous or reflected content and convert the resulting point cloud into Rcp or Rcs format for direct import to Revit 2024.
• Woodard & Curran will visit the site after the Revit model is developed to confirm the model is repre - sentative of existing conditions and sufficient to be used to depict design intent and to validate the other findings of the site investigations as practical. • Water sampling and laboratory costs for advanced treatment water quality characterization will not exceed $5,000.
• Drawings will be prepared on Woodard & Curran’s standard layout, unless the City provides an alter - native at the kickoff meeting.
• CEQA Documentation
» The City of Victorville will be the lead agency.
» The IS/MND is the appropriate documentation.
» Project specific technical analysis will be completed based on general industry practices. » All submittals will be done electronically and the City will be responsible for distribution of all public noticing.
» It is assumed the City will provide one consolidated set of comments. » It is assumed public comments will be limited and no response to comments would be necessary. » The Preliminary Design Report, in particular the biological and cultural technical memorandums, will be used to reasonably disclose the environmental impacts of the Project to the public. • ROWD
» Required items, such as sewer collection system materials and age, and lift station details, will be requested from the City.
» Kickoff , RWB, and Strategy Meetings will be virtual. • Drawings, Specifications, and Cost Estimates
» On the following page is the estimated sheet list, which is based on a $45 to $55M wastewater treat- ment capital improvement project (without advanced treatment) to achieve a 4.95 MGD capacity and used as the basis for the fee estimate.
D | Workplan
Project CC24-099
D.19
DELIVERABLE SHEET SUMMARY 30% DESIGN
GENERAL 1
CIVIL 4
ARCHITECTURAL 0
STRUCTURAL 0
HVAC 0
PLUMBING 0
PROCESS 4
PID 0
MECHANICAL 13
INSTRUMENTATION 0
ELECTRICAL 0
TOTAL 22
• Phase 1 is anticipated to take 12 months.
• Weekly, ½ hour teleconferences with City.
Optional Task Services
NPDES Application Support: Woodard & Curran understands the City’s interest in obtaining a NPDES permit for discharge of effluent to the desert wash that flows between the IWWTP and Pond 14. Woodard & Curran understands that the outfall would be utilized as a “last resort,” when recycled water demand is satisfied and when flow is greater than the percolation rates in the City’s percolation ponds (current and future). Key parameters of the outfall would be its capacity, its alignment, its material, and its restrictions (e.g., seasonal flow limitations; water quality).
With approval from the City, Woodard & Curran and its subconsultants will conduct a scope of services. The scope of services would be negotiated with the City, following a meeting with the Regional Water Board to validate the City’s and Woodard & Curran’s strategy for a NPDES permit application.
Deliverables:
• To be determined in collaboration with the City, following the task scoping • A draft NPDES application for the City’s use (MA word format) Assumptions:
• 2-hour in-person meeting with the Regional Water Quality Control Board to understand their criteria for a potential NDPES permit
• 2-hr meeting with the City to develop an NPDES application • Following the meeting with the Regional Water Quality Control Board, additional services may be iden- tified to support the NPDES application. The City will determine if Woodard & Curran scope needs to be further augmented.
16 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project CC24-099
EXHIBIT B
COST PROPOSAL
SEE ATTACHED
515 S. Flower Street | 18th Floor
Los Angeles, California 90071
www.woodardcurran.com
T 800.426.4262
May 22, 2024
Cel
este Calderon
Finance Department
City of Victorville
14343 Civic Drive, 2nd Floor
Victorville, California 92392
R
e: Project CC24-099 Industrial Wastewater Treatment Plant (IWWTP) Expansion 2024 Design And Construction Support – Cost Proposal
Dear Ms. Calderon,
Included in this submittal is Woodard & Curran’s cost proposal for the IWWTP Expansion 2024 Design and Construction Support. As stated in our separate technical proposal, this project still requires a degree of conceptual development to determine how the I WWTP capacity will be expanded. Because of this, our cost proposal is based on the assumption that only one expansion option proposed will be selected by the City and the new IWWTP capacity will be 4.95 MGD, as this has been expressed by the City for over a year as the target capacity.
Furthermore, the cost for all phases, especially Phases II & III, are subject to change based on the expansion option the City selects to move forward. Also, there are many variables that impact the cost for Phase III at this early stage of the project, an d the proposed cost will likely be refined during the design process. Because of these factors indicated, Woodard & Curran requests and recommends that the scope, schedule, and cost be reassessed and refined at the following milestones – selection of expansion option following the Conceptual Design Workshop, completion of Phase I, completion of Phase II, and following other significant changes to the scope or schedule. Additionally, upon Woodard & Curran’s selection by the City, we anticipate final scope and fee negotiations will result in further refinement of this cost proposal.
Woodard & Curran looks forward to working with the City to provide this necessary capacity increase to the IWWTP, and if you have any further questions regarding this proposal, please contact Anthony Naccarato at 949.248.5027 or [email protected].
W
OODARD & CURRAN, INC.
S
cott Goldman, PE, BCEE Tony Elberti, PE
Project Manager Principal-in-Charge
Vice President, Senior Principal Municipal Wastewater Practice Leader, Principal EXHIBIT B, COST PROPOSAL, PROJECT CC24-099
Fee Estimate
Client: City of Victorville May 2024
Project: CC24-099 IWWTP Expansion Design and Construction Support Phases Total
Tony Elberti Scott
Goldman Greg Sands Harpreet Rai Tia Trate Josh Jondo Kim Clyma Richard Harmon
Chris
McMahon Brian Wickes
Sue Guswa,
Tech.
Advisors
Multiple Multiple
Electrical,
Structural,
and I&C
Leads
Multiple Manager Drafter Project
Assistant
SLR
Consulting
Rincon
Consulting
Charlie Cruz
SPI
Chris Nelson &
Associates
DEVCO
Development
& Engineering
Sub Markup ODC Markup
PIC PM Deputy PM Sr. Tech Ldr Design
Manager Sr. Tech Ldr TM2 TM2 TM2 TM1 QAQC PE1 E2 TDG
Managers TDG Staff BIM BIM/CADD SUB SUB SUB SUB SUB 10% 10% $350 $335 $300 $335 $320 $320 $300 $300 $300 $285 $335 $255 $220 $300 $240 $210 $160 $120 Phase 1: Preliminary Design (30%) Services
1.1 Project Management and Administration
1.1.1 Invoicing, Contracting, and Team Management 36 162 12 210 $62,100 $0 $0 $0 $0 $0 $62,100
1.1.2 Kickoff Meeting 2 2 3 2 3 2 2 16 $5,110 $0 $0 $0 $0 $0 $5,110
1.1.3 Meetings 8 16 61 46 16 4 8 8 167 $50,460 $0 $0 $0 $15,000 $1,500 $16,500 $66,960
1.1.4 Quality Control 32 2 14 2 6 2 1.5 1.5 33.5 2 96 2 2 1 1 1 1 1 201.5 $64,960 $25,870 $25,870 $2,587 $28,457 $3,000 $300 $3,300 $96,717
1.2 Initial Site Investigations
1.2.1 Site Visits 8 16 8 8 16 56 $16,400 $17,980 $17,980 $1,798 $19,778 $5,000 $500 $5,500 $41,678
1.2.2 Initial Geotechnical Investigations 4 4 $1,200 $153,260 $153,260 $15,326 $168,586 $0 $0 $169,786
1.2.3 Utility Potholing and Utility Coordination 2 2 8 8 16 60 20 24 16 40 196 $45,190 $31,875 $31,875 $3,188 $35,063 $0 $0 $80,253
1.3. Financial Initiative Plan 2 80 16 98 no fee $0 $0 $0 $0 $0 no fee
1.4. Conceptual Design
1.4.1 Conceptual Design Development 8 1 100 40 28 100 60 30 32 40 80 519 $134,975 $0 $0 $0 $0 $0 $134,975
1.4.2 Conceptual Design Workshop 2 1 4 16 8 4 16 51 $15,515 $0 $0 $0 $0 $0 $15,515
1.5. Initial Permitting and Environmental Documentation
1.5.1 Environmental Constraints 2 4 40 46 $13,870 $63,958 $63,958 $6,396 $70,354 $0 $0 $84,224
1.5.2 Permitting Review 2 2 24 28 $8,470 $4,745 $4,745 $475 $5,220 $0 $0 $13,690
1.5.3 California Environmental Quality Act Compliance & Permitting 2 200 202 $60,670 $16,270 $16,270 $1,627 $17,897 $0 $0 $78,567
1.5.4 New Waste Discharge Requirements Permit Amendment 2 280 282 $80,470 $0 $0 $0 $3,000 $300 $3,300 $83,770
1.6. 30% Design Documents
1.6.1 Basemapping 2 2 24 24 20 100 100 20 40 332 $84,070 $20,250 $20,250 $2,025 $22,275 $0 $0 $106,345
1.6.2 30% Drawings 16 4 12 36 80 16 60 100 160 220 240 400 1344 $305,820 $0 $0 $0 $5,000 $500 $5,500 $311,320
1.6.3 30% Opinion of Probable Construction Cost 4 8 12 8 30 16 80 120 278 $74,290 $0 $0 $0 $0 $0 $74,290
1.6.4 Draft Preliminary Design Report 8 12 24 12 8 12 80 60 100 150 466 $123,220 $12,900 $12,900 $1,290 $14,190 $0 $0 $137,410
1.6.4a Draft Preliminary Design Report (AWTF Addendum) 4 20 40 24 12 4 2 4 100 60 60 100 18 448 $119,850 $86,104 $86,104 $8,610 $94,714 $5,000 $500 $5,500 $220,064
1.6.5 Final Preliminary Design Report and Response to Comments 4 4 12 6 24 12 16 40 118 $31,460 $3,440 $3,440 $344 $3,784 $0 $0 $35,244 Subtotal Phase 1: 68 104 330 208 291 90 273.5 81.5 37.5 322 100 484 394 575 795 335 561 13 5062.5 $1,298,100 $187,580 $84,973 $111,974 $20,250 $31,875 $436,652 $43,666 $480,318 $36,000 $3,600 $39,600 $1,818,018 Phase 2: Final Design (30%-100%) Services
2.1 Project Management and Administration
2.1.1 Invoicing, Contracting, and Team Management 81 242 18 341 $101,895 $0 $0 $0 $0 $0 $101,895
2.1.2 Meetings 8 30 92 69 24 6 12 12 253 $76,450 $0 $0 $0 $45,000 $4,500 $49,500 $125,950
2.1.3 Quality Control (60%, 90%, 100%) 32 16 26 6 18 6 4 78 4 360 2 2 1 1 1 1 1 559 $182,370 $73,320 $73,320 $7,332 $80,652 $0 $0 $263,022
2.2. 60% Design Documents
2.2.1 Drawings 16 24 4 80 80 48 200 240 250 1000 160 240 2342 $573,400 $0 $0 $0 $2,500 $250 $2,750 $576,150
2.2.2 Specifications 2 4 40 40 40 140 240 100 400 1006 $255,370 $38,780 $38,780 $3,878 $42,658 $0 $0 $298,028
2.2.3 Opinion of Probable Construction Costs 2 8 12 24 8 24 40 20 80 20 238 $60,650 $0 $0 $0 $0 $0 $60,650
2.2.4 Response to 30% Design Comments 2 8 8 8 40 40 20 80 206 $52,670 $0 $0 $0 $0 $0 $52,670
2.2.5 Supplemental Site Visits 2 16 8 16 24 12 40 8 126 $33,310 $0 $0 $0 $20,000 $2,000 $22,000 $55,310
2.3. 90% Design Documents
2.3.1 Drawings 12 20 8 80 80 48 200 280 80 600 240 400 2048 $476,060 $0 $0 $0 $25,000 $2,500 $27,500 $503,560
2.3.2 Specifications 2 4 32 40 40 200 280 60 400 1058 $264,790 $38,780 $38,780 $3,878 $42,658 $0 $0 $307,448
2.3.3 Opinion of Probable Construction Costs 2 8 8 24 8 40 60 40 36 20 246 $63,230 $0 $0 $0 $0 $0 $63,230
2.3.4 Response to 60% Design Comments 2 6 8 24 12 40 24 116 $31,760 $0 $0 $0 $0 $0 $31,760
2.4. 100% Design Documents
2.4.1 Drawings 8 16 8 24 60 36 200 120 60 400 120 200 1252 $297,920 $0 $0 $0 $2,500 $250 $2,750 $300,670
2.4.2 Specifications 2 4 24 40 8 100 120 40 200 538 $137,170 $0 $0 $0 $0 $0 $137,170
2.4.3 Opinion of Probable Construction Costs 2 8 8 12 8 16 16 12 24 20 126 $32,310 $0 $0 $0 $0 $0 $32,310
2.4.4 Response to 90% Design Comments 2 6 8 8 24 12 24 84 $22,320 $0 $0 $0 $0 $0 $22,320 Subtotal Phase 2: 76 207 432 342 527 266 4 0 78 4 360 1258 1480 735 3321 529 901 19 10539 $2,661,675 $77,560 $0 $73,320 $0 $0 $150,880 $15,088 $165,968 $95,000 $9,500 $104,500 $2,932,143 Phase 3: Bidding and Construction Services
3.1 Project Management and Administration
3.1.1 Invoicing, Contracting, and Team Management 26 52 24 102 $27,190 $0 $0 $0 $0 $0 $27,190
3.1.2 Meetings 8 50 120 96 16 24 16 24 354 $106,190 $43,100 $43,100 $4,310 $47,410 $58,000 $5,800 $63,800 $217,400
3.1.3 Quality Control 14 2 14 2 6 2 1.5 49.5 2 108 2 2 1 1 1 1 1 210 $67,030 $39,940 $39,940 $3,994 $43,934 $0 $0 $110,964
3.2 Advertising Support
3.2.1 Prebid Meeting 2 2 4 4 12 $3,890 $0 $0 $0 $0 $0 $3,890
3.2.2 Responses to Questions 2 6 20 12 40 $10,420 $4,800 $4,800 $480 $5,280 $0 $0 $15,700
3.2.3 Conformed Contract Documents 2 2 4 8 2 9 6 12 45 $10,530 $0 $0 $0 $2,500 $250 $2,750 $13,280
3.3 Construction Support
3.3.1 Meetings 2 196 192 4 394 $121,930 $31,810 $31,810 $3,181 $34,991 $0 $0 $156,921
3.3.2 Request for Information Responses 2 10 10 20 100 150 180 472 $127,120 $0 $0 $0 $0 $0 $127,120
3.3.3 Construction Change Order 2 200 125 180 20 60 587 $146,170 $7,400 $7,400 $740 $8,140 $0 $0 $154,310
3.3.4 Submittal Reviews 2 10 10 15 200 125 180 542 $143,520 $23,320 $23,320 $2,332 $25,652 $0 $0 $169,172
3.3.5 Inspection 2 8 8 8 384 60 60 530 $138,630 $217,510 $217,510 $21,751 $239,261 $65,500 $6,550 $72,050 $449,941
3.3.6 Record Drawings 2 80 60 120 262 $52,870 $11,910 $11,910 $1,191 $13,101 $2,500 $250 $2,750 $68,721 Subtotal Phase 3: 22 96 414 40 345 2 1.5 0 49.5 2 108 1014 38 479 634 87 193 25 3550 $955,490 $339,850 $0 $39,940 $0 $0 $379,790 $37,979 $417,769 $128,500 $12,850 $141,350 $1,514,609 TOTAL 166 407 1176 590 1163 358 279 81.5 165 328 568 2756 1912 1789 4750 951 1655 57 19151.5 $4,915,265 $604,990 $84,973 $225,234 $20,250 $31,875 $967,322 $96,733 $1,064,055 $259,500 $25,950 $285,450 $6,268,150
2. Subconsultants will be billed at actual cost plus 10%.
5. Additional Woodard & Curran staff may perform work on the project, based on our standard billing rate schedule currently in effect.
3. Other direct costs (ODCs) such as reproduction, delivery, mileage (rates will be those allowed by current IRS guidelines), and travel expenses, will be billed at actual cost plus 10%.
4. W&C reserves the right to adjust its hourly rate structure and ODC markup at the beginning of the calendar year for all ongoing contracts.
Total ODCs (3)
ODCs Labor Outside Services
Total
FeeODCsSubtotal
1. The individual hourly rates include salary, overhead and profit.
Total Hours
Sub
Consultant
Total Cost (2)
Total Labor
Costs (1)
EXHIBIT B, COST PROPOSAL, PROJECT CC24-099
STAFF TYPE HOURLY RATE
Project Assistant $140
Drafter $160
Designer / Engineer 1 / Planner 1 / Technical Specialist 1 $190 Engineer 2 / Planner 2 / Technical Specialist 2 $220
Engineer 3 / Planner 3 / Senior Designer / Technical Specialist 3 $240 Project Engineer 1 / Project Planner 1 / Project Technical Specialist 1 $255 Project Engineer 2 / Project Planner 2 / Project Technical Specialist 2 $270 Project Manager 1 / Technical Manager 1 $285
Project Manager 2 / Technical Manager 2 $300
SCADA Service Manager / Senior Project Manager / Senior Technical Manager $320 Senior Technical Leader $335
National Practice Leader $350
EXPENSES
Travel $0.655 / mile
Other Direct Costs At Cost Plus 10%
Subconsultants/Subcontractors At Cost Plus 10%
NOTES
Mileage rate will change as the federal allowable rate is modified.
Rate Schedule
#5000
This rate schedule is confidential and for customer internal use only.
Woodard & Curran reserves the right to adjust billing rates annually. Page 1 of 1 EXHIBIT B, COST PROPOSAL, PROJECT CC24-099
SEPARATION PROCESSES, INC
277 Rancheros Dr., Suite 370, San Marcos, CA 92069 | 760-400-3660 | www.spi-engineering.com SPI Standard Billing Rates
(effective January 1, 2024):
Name Classification Rate
James Vickers, P.E. Principal $300
Alex Wesner, P.E. Principal $300
Charles Cruz, P.E. Technical Director $295
Michael Dummer, P.E. Sr. Project Engineer II $200
Chu Nguyen Sr. Project Engineer I $190
Gabriela Downey Sr. Engineer I $180
Jan Guenther Engineer II $160
Lisa Valle Engineer I $140
Miguel Sanchez Sr. CAD Designer III $160
Edison Phu CAD Designer II $150
Eric Mercionis CAD Designer I $140
Dawn Wright Sr. Office Manager III $140
Travel Expenses billed as incurred (mileage reimbursement at 67¢/mile Sub-consultant fees and other authorized expenses: 8% mark-up EXHIBIT B, COST PROPOSAL, PROJECT CC24-099
R
incon C
onsultants, Inc.
Eff
ective January 1, 2024
Sta
ndard Fee Schedule for Environmental Sciences and Planning Services Pr
ofessional, Technical and Support Personnel* Ja
nuary 1, 2024 – December 31, 2024
Senior Principal $319
Principal $307
Director $307
Senior Supe
rvisor II $292
Supervisor
I $272
Senior Pro
fessional II $255
Senior Pro
fessional I $238
Profession
al IV $211
Profession
al III $196
Profession
al II $174
Profession
al I $155
Associate
III $130
Associate
II $117
Associate
I $109
Fie
ld Technician $94
Da
ta Solutions Architect $196
Senior GIS
Specialist $187
GI
S/CADD Specialist II $167
GI
S/CADD Specialist I $150
Te
chnical Editor $147
Project
Accountant $125
Bi
lling Specialist $107
Publi
shing Specialist $120
C
lerical $107
* P
rofessional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, and other professionals. Expert witness services consisting of depositions or in-court testimony are charged at the hourly rate of $400.
Reimbu
rsable Expenses
Direc
t Cost Rat
es
Photocopies – B/W $0.25 (single-sided), $0.45 (double-sided) Photocopies – Color $1.55 (single-sided), $3.10 (double-sided) Photocopi
es – 11” by 17” $0.55 (B/W), $3.40 (color)
Oversized
Maps $8.50/square foot
Digital Prod
uction $15/CD, $20/flash drive
Light-D
uty and Passenger Vehicles* $90/day
4W
D and Off-Road Vehicles* $150/day
* Curr
ent IRS mileage rate for mileage over 50 and for all miles incurred in employee-owned vehicles.
Direct
Costs. Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 16%. These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.
Annual Escalation. Standard rates subject to 3.5% annual escalation, on January 1.
Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within 10 days from receipt or per the contractually required payment terms.
EXHIBIT B, COST PROPOSAL, PROJECT CC24-099
R
incon C
onsultants, Inc.
Eff
ective January 1, 2024
Equi
pment Rat
e
Environ
mental Site Assessment
Soil Vapor Extraction Monitoring Equipment $160
Four Gas Monitor $137
Fl
ame Ionization Detector $110
Photo Ioniz
ation Detector $82
Hand A
uger Sampler $62
Wate
r Level Indicator, DC Purge Pump $46
C
APDash $7,500
Na
tural Resources Field Equipment
UAS Drone $300
Spotting or Fiberoptic Scope $170
Pett
ersson Bat Ultrasound Detector/Recording Equipment $170 Soun
d Level Metering Field Package (Anemometer, Tripod and Digital Camera) $113 GPS
(Submeter Accuracy) $67
Inf
rared Sensor Digital Camera or Computer Field Equipment $57 Scent Sta
tion $23
Laser R
angefinder/Altitude $11
Pitfall T
raps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $9 Mammal Trap,
Large/Small $1.55/$0.55
Wa
ter and Marine Resources Equipment
Boat (20-foot Boston Whaler or Similar) $800
Multiparameter Sonde (Temperature, Conductivity, Turbidity, DO, pH) with GPS $170 Wate
r Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature) $62 Refra
ctometer (Salinity) or Turbidity Meter $38
Lar
ge Block Nets $114
Minnow Trap $98
Ne
t, Hand/Large Seine $57
Field
Equipment Packages
Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Equipment)
$114
Remote Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet and Mifi, Delorme Satellite Beacon, 24‐Hour
Safety Phone)
$144
Am
phibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hand Net, Field Microscope)
$170
Fisheries Eq
uipment Package (Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets) $57 U
nderwater and Marine Sampling Gear (Photo/Video Camera, Scuba Equipment [Tanks, BCD, Regulators, Wetsuits, etc.])
$57/diver
Marine
Field Package (Personal Flotation Devices, 100-foot Reel Tapes with Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various Field Guides)
$100
Insu
rance, Hazard, and Fees
Historic Research Fees $55
L&H Dive Insurance $57/diver
Level C
Health and Safety $70/person
EXHIBIT B, COST PROPOSAL, PROJECT CC24-099
2024 US DISCOUNTED RATE SCHEDULE
PROFESSIONAL SERVICES Hourly Rate
Senior Advisor $330
Senior Principal $275
Principal 2 $255
Principal 1 $240
Senior 2 $225
Senior 1 $220
Associate 2 $195
Associate 1 $190
Project 2 $170
Project 1 $165
Staff 2 $150
Staff 1 $140
Chief Inspector $195
Senior Inspector $170
Inspector $150
Senior Draftsperson/Technician $140
Draftsperson/Technician $130
Party Chief $140
Survey Crew Member $115
Administrative $105
Note: Time will be billed to the nearest ¼ hour
EXHIBIT B, COST PROPOSAL, PROJECT CC24-099
Item Number: 10
City Council / Board of Directors
Written Communications
Meeting of: September 3, 2024
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Consultant/Professional Services Provider Agreement for On-Call Plan & Map Checking Services with Transtech Engineers, Inc.
Recommendation:
That the Honorable City Council approve the Consultant/Professional Services Provider Agreement with Transtech Engineers, Inc for on-call engineering plan check and study services, in the amount of $150,000.00 for Fiscal Year 2024-2025.
Fiscal Impact:
This action will result in a fiscal impact of $150,000.00. This project will be funded entirely from Fund No. 100 General Fund. The project budget has an available balance of $150,000.00; thus, there are sufficient funds to cover this contract amount.
Budget Account Number:
1004513-52300 $150,000.00
The term of the Consultant/Professional Services Provider Agreement may be extended, at the City’s discretion, for four (4) additional one-year periods. This type of renewal option is typically evaluated during the City’s annual budget preparation and adoption period, which occurs in the spring of each year.
Strategic Plan Goal:
This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. The use of the on-call engineering plan check consultant will allow for the timely review of private development projects ensuring that City Standards and Specifications for public infrastructure are adhered to. 3 7
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Background:
Review of civil improvement plans and special studies are essential functions performed by the Development Engineering Division. To ensure that the improvement plans and special studies submitted for private development projects can be reviewed in a timely manner, sometimes it is necessary to use an on-call engineering consultant.
The scope of work may include preliminary and final plan reviews, as well as special study reviews related to Water Quality Management Plans (WQMP), Hydrology studies, and/or Geotechnical Studies. Contracting these services ensures excellent customer service to our development customers, given staff can utilize this contract to supplement City staff to ensure timely review of the aforementioned services.
Most of the work assigned will involve plan reviews and special study review support for private development projects, including those conditioned to complete public improvements.
Discussion:
On April 15, 2024, the City issued a Request for Proposals (RFP) for on-call engineering plan check and study services. The RFP was emailed to five consultants and posted on the City’s website. Proposals were due by 2:00 p.m. on May 2, 2024, and ten proposals were received.
The following Consultants submitted their proposals:
•Hunsaker & Associates, Riverside, CA
•Transtech Engineers, Inc., Chino, CA
•HR Green, Corona, CA
•Ladayu Consulting, Palos Verdes Estate, CA
•Carlos Seanez Engineering, Rancho Cucamonga, CA
•ERSC, Redlands, CA
•Charles Abbot Associates, Mission Viejo, CA
•RKA Consulting, Walnut, CA
•Bureau Veritas, Irvine, CA
•D. Woolley & Associates, Tustin, CA
A selection committee, composed of staff from Development Engineering, Building, and Planning was appointed at the onset of the selection process. The committee meticulously reviewed each written proposal submitted by the consultants to ensure compliance with the RFP requirements. These proposals were ranked according to the criteria specified in the RFP. The initial ranking revealed a near tie between the top three consultants. Below are the top three consultants in alphabetical order:
•Bureau Veritas, Irvine, CA
•ERSC, Redlands, CA
•Transtech Engineers, Inc., Chino, CA
As a result, the top three consultants were invited to deliver live presentations to the selection committee. The final decision was made based on the combined evaluation of 3 7
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the written proposals and the interviews. Transtech Engineers, Inc. was the selected consultant based on demonstrated competence and professional qualifications to provide the requested services, with cost not being a factor in the selection process.
This procedure adheres to Victorville Municipal Code (VMC) §2.28.280, "Award of consultant/professional services contracts based upon competence," specifically subsection (a), "Factors to consider."
Staff recommends that the Honorable City Council approve the Consultant/Professional Services Provider Agreement with Transtech Engineers, Inc., in an amount not to exceed of $150,000.00 for On-Call Plan Checking & Map Checking Services.
Staff remains available for any questions Council may have.
Attachments: A. Transtech Engineers, Inc. Proposal
B. Consultant/Professional Services Provider Agreement, CC24-097 Attachment A
Transtech Engineers, Inc.
Proposal
Technical Proposal
RFP
ON-CALL
PLAN & MAP CHECKING
SERVICES
CC24-097
Envelope 1 - Statement of Qualifications and Section D Forms “RFP – ON-CALL PLAN & MAP CHECKING SERVICES, CC24-097”
Submitted To
City of VICTORVILLE
14343 Civic Drive, 2nd Floor
Victorville, CA 92392
Attn.: Celeste Calderon
City of Victorville – Finance Department
Submitted By
TRANSTECH Engineers, Inc.
Contact Person for this Proposal:
Ahmad Ansari, PE, Principal
E: [email protected]
C: 949-702-5612; O: 909-595-8599
www.transtech.org
855.595.2495 (toll-free)
Proposal 1
RFP -- ON-CALL PLAN & MAP CHECKING SERVICES, CC24-097
1. Proposal Cover Sheet
May 2, 2024
City of VICTORVILLE
14343 Civic Drive, 2nd Floor; Victorville, CA 92392
Attn.: Celeste Calderon (City of Victorville – Finance Department)
Technical Proposal, RFP -- ON-CALL PLAN & MAP CHECKING SERVICES, CC24-097
Transtech is pleased to submit this Proposal for the subject services.
Established in 1989, Transtech (a California Corporation) is a multi-disciplinary engineering consulting firm. Transtech has been in business for 35 years and provides municipal services to approximately 80 public agencies. Transtech has a large pool of well experienced staff (approximately 200) and resources readily available to provide requested services, and respond to requests in a timely, efficient, and cost-effective manner.
Our multi-disciplinary service capabilities include:
• Building & Safety Services, Building Official, Building Inspection, Plan Check, Building Code Enforcement
• Civil Engineering
• Staff Augmentation
• CIP Program Management
• Construction Management and Inspection
• Federally Funded Project Management
• Grant Writing
• CDBG Project Management
• City Engineer, City Traffic Engineer, Development
Review, Public Works Engineering, Plan Check,
Inspection
• Labor Compliance
• Planning Support
• Traffic and Transportation Planning and Eng
• Water Resources Engineering
• Surveying, Mapping, ALTA, Right-of-way Eng
• Emergency, Support Services
Transtech’s Plan Check and Inspection Capacity in numbers:
• We maintain and manage electronic plan submittal portals for over 25 cities. • In 2023, we processed and reviewed approximately 11,000 projects with 76,000 documents and performed approximately 52,000 inspections.
Transtech has integrated many technological assets into its services to provide the most efficient and cost -effective service possible. We provide fully automated electronic plan submittal, plan checking, and tracking virtual counter. We provide this on our company portal, as well as offer same portal access to our client cities on their web sites.
We have extensive experience working with Public Agencies in similar assignments. We are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies. Successfully providing similar services to many agencies for 35 years. Proven track record in on time and within budget project delivery. Multi-disciplinary engineering consulting service capabilities to provide an array of municipal services. Ability to work collaboratively with agencies, project applicants, and other stake holders, and communicate effectively with diverse audiences and stakeholders at public forums. Committed to producing a high-quality work product and deliver a high level of customer care. Commitment of principal level management and involvement throughout the contract duration. Well experienced in-house staff readily available to commence with the services upon City’s authorization.
Transtech shares the City’s commitment and strive on delivering a top -quality customer experience to the communities we serve through innovation and responsiveness, with integrity, flexibility, and professionalism. We strive to push the envelope beyond bureaucracy who think outside the box and who provide excellent customer service.
www.transtech.org
855.595.2495 (toll-free)
ISO 9001 Certified
About Transtech Video
Highlight:
CLICK HERE
Thank you for the opportunity to submit this proposal. Should you have any questions, or require additional information, please contact the undersigned.
Sincerely
Ahmad Ansari, PE, Contract Principal
E: [email protected]; C: 949-70 2-5612
Proposal 2
RFP -- ON-CALL PLAN & MAP CHECKING SERVICES, CC24-097
2. Table of Contents
Our proposal is submitted in the format and section orders specified in RFP Section titled “ 3. PROPOSAL FORMAT AND REQUIRED CONTENTS”.
Section Page
1. Proposal Cover Sheet 1
2. Table of Contents 2
3. Statement of Qualifications 3
a. Company Qualifications 3
b. Staff Qualifications 5
c. Examples of similar Projects 7
4. References 8
5. Work Plan 9
a. Project Understanding 9
b. Service Approach 11
c. Staff Availability 14
d. Response Times 14
6. Fee Summary (per RFP requirement, submitted separately) 15
7. Staff Resumes 16
8. Required Forms (Section D of RFP) 22
Appendix: Insurance 35
Proposal 3
RFP -- ON-CALL PLAN & MAP CHECKING SERVICES, CC24-097
3. Statement of Qualifications
a. Company Qualifications
Company Profile:
Established in 1989, Transtech (a California Corporation) is a multi- disciplinary engineering consulting firm.
Transtech has been in business for 3 5 years and provides municipal services to approximately 80 public agencies.
Our multi-disciplinary service capabilities include:
• Building & Safety Services, Building Official, Building Inspection, Plan Check, Building Code Enforcement
• Civil Engineering
• Staff Augmentation
• CIP Program Management
• Construction Management and Inspection
• Federally Funded Project Management
• Grant Writing
• CDBG Project Management
• City Engineer, City Traffic Engineer, Development
Review, Public Works Engineering, Plan Check,
Inspection
• Labor Compliance
• Planning Support
• Traffic and Transportation Planning and Eng
• Water Resources Engineering
• Surveying, Mapping, ALTA, Right-of-way Eng
• Emergency, Support Services
One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers. We serve as Building Official, Building Plans Examiner, Building Inspector, Permit Technician, Building Code Enforcement, City Engineer, City Traffic Engineer, Map/Plan Checker, Public Works/Permit Inspector, CIP Manager, Construction Manager, Construction Inspector, Designer, Federally Funded Project Manager and in other capacities for a number of public agencies.
Transtech’s Plan Check and Inspection Capacity in numbers:
• We maintain and manage electronic plan submittal portals for over 25 cities. • In 2023 , we processed and review ed approximately 1 1,000 projects with 76,000 documents and performed approximately 52,000 inspections.
Innovative and Advanced Technology:
Transtech has integrated many technological assets into its services to provide the most efficient and cost - effective service possible. We provide fully automated electronic plan submittal, plan checking, and tracking. We provide this on our company portal, as well as offer same portal access to our client cities on their web sites.
Electronic Plan Check:
Transtech provides all Electronic Plan Check. Please click here for a sample of our electronic plan check
portal at one of our contract Cities. We offer electronic plan check submittal portal to our client cities at no additional cost.
Virtual Counter:
We offer virtual meetings with plan checkers. Please click here to explore the virtual plan check counter
appointment calendar for one of the Cities,
Transtech’s unique “Customer Care” approach in delivering Building and Safety Services in an efficient, cost- effective, and timely manner:
• Transtech is well known in providing Cost Effective Services on time with a customer friendly and responsive approach. Our services are founded on the principles of Total Quality Management for Total Customer Care.
• Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, which helps eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify
Proposal 4
RFP -- ON-CALL PLAN & MAP CHECKING SERVICES, CC24-097
in the field. This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit much sooner, and reduces the overall time our staff is required to spend on that particular plan. • All telephone calls or e-mails received are returned within the same working day, or the following day. We take pride in our “Same Day Response” motto.
• Responsiveness is an integral part of Transtech’s “customer friendly” service approach. • We will strive to enhance the City’s image by public trust to be the most desirable community to live, invest and conduct business.
Quick Turn Around Time and Expedited Services / Expedited/Off -Business Hours/Weekend Services:
Transtech will provide plan checks on a quick turn- around schedule. Transtech also provides expedited service when requested. If the City receives a request from applicants for expedited plan check services, Transtech staff will provide additional resources to accommodate such a request. If the City requests inspection services, Transtech staff will provide additional resources to accommodate inspection request s during off business hours and weekends.
Readily Available Staff:
Transtech has a large pool of well experienced staff and resources readily available to provide requested services, and respond to requests in a timely, efficient, and cost -effective manner. Our staff and resources include approximately 200 staff, including building officials, plan checkers, inspectors, permit technicians , engineers, project managers, designers, plan checkers, inspectors, construction managers, traffic and transportation analysts, technicians, support personnel.
Community Involvement:
We are proud to support civic and community activities, which demonstrates our commitment to the progress, health, and well-being of the communities we serve. In services and partnership with our client cities, we have a proven record of active engagement in City and Community events, programs, causes, and initiatives. Our goal is not just to serve as an engineering consultant which is what we are best at, but activity partnering with our clients, to further enhance the City’s reputation as an ideal community to live, invest, work, and play in. The Transtech Team is very passionate about giving back, especially through youth empowerment and workshops to encourage middle school and high school students to pursue higher education and to get involved in STEM related fields, like engineering. Several of our team members have been involved in various organizations and spoke at countless events to encourage the youth and young women in particular to pursue Engineering in both their academic and career paths.
We believe our team is well qualified to perform the services requested:
We have extensive experience working with Public Agencies in similar assignments. We are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies.
Successfully providing similar services to many agencies for over 33 years. Proven track record in on time and within budget project delivery. Multi-disciplinary engineering consulting service capabilities to provide an array of municipal services. Ability to work collaboratively with agencies, project applicants, and other stake holders, and communicate effectively with diverse audiences and stakeholders at public forums. Committed to producing a high-quality work product and deliver a high level of customer care. Commitment of principal level management and involvement throughout the contract duration. Well experienced in-house staff readily available to commence with the services upon City’s authorization. Transtech shares the City’s commitment and strive on delivering a top -quality customer experience to the communities we serve through innovation and responsiveness, with integrity, flexibility, and professionalism. We strive to push the envelope beyond bureaucracy who think outside the box and who provide excellent customer service.
Proposal 5
RFP -- ON-CALL PLAN & MAP CHECKING SERVICES, CC24-097
b. Staff Qualifications
One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers. We serve as Building Official, Building Plans Examiner, Building Inspector, Permit Technician, Building Code Enforcement, City Engineer, City Traffic Engineer, Map/Plan Checker, Public Works/Permit Inspector, CIP Manager, Construction Manager, Construction Inspector, Designer, Federally Funded Project Manager and in other capacities for a number of public agencies.
Several of our engineers are licensed as Professional Engineers by the State of California Board for Professional Engineers, Land Surveyors, and Geologists ( BPELSG). Our staff professional licenses, registrations and certifications include:
• PE (Licensed Civil Engineer
• TE (Licensed Traffic Engineer)
• PLS (Licensed Land Surveyor)
• QSD (Construction General Permit Qualified SWPPP Practitioner) • QSP (Construction General Permit Qualified SWPPP Developer) • QISP (Industrial General Permit Qualified Industrial Stormwater Practitioner) • PMP (Professional Transportation Planner)
• RSP (Registered Safety Professional)
• CASp (Certified Access Specialist)
• PMP (Certified Project Management Professional)
• CPSWQ (Certified Professional in Storm Water Quality
• CPESC (Certified Professional in Erosion and Sediment Control) • LEED AP (Professional with specialty credential with knowledge in green building practices • Registered Construction Inspector by American Construction Inspectors Association
Also, several of our staff members are certified by the International Code Council (ICC). We have staff who have reached the highest possible level of code administration with the Master Code Professional designation certification from the ICC. In addition, some of our staff members are certified as Fire Plan Checkers and Inspectors, as we provide these services to some agencies Building Official Certifications:
Certified Master Code
Professional
Building Code Official
Building Official
Plan Check Certifications:
Residential Building Plans
Examiner
Commercial Building Plans
Examiner
California Building Plans
Examiner
Certified Sustainability
Professional
CalGreen Plans Examiner
Accessibility Plans Examiner
Commercial Energy
Conservation Plans Examiner
Residential Plans Examiner
Mechanical Plans Examiner
Plumbing Plans Examiner
Electrical Plans Examiner
Inspection Certifications:
Combination Inspector
Commercial Building Inspector
Residential Building Inspector
Accessibility Inspector
Commercial Energy Conservation
Inspector
Electrical Inspector
Commercial Electrical Inspector
Residential Electrical Inspector
Residential Energy Conservation Inspector
Residential Building Inspector
Residential Mechanical Inspector
Mechanical Inspector
Commercial Mechanical Inspector
Plumbing Inspector
CalGreen Inspector
Building Inspector CBC
Building Inspector UBC
Plumbing Inspector UPC
California Building Inspector
California Commercial Plumbing
Inspector
California Residential Mechanical
Inspector
California Residential Mechanical
Inspector
Additional Inspection Certifications:
IAPMO Plumbing, Mechanical Inspector
Fire Code Inspector
Fire Inspector II
California UST Inspector
Permit Technician Certification:
Permit Technician
CACEO Certified Code Enforcement
Officer
State of California Safety Assessment
Program:
CalOES SAP Evaluator
Proposal 6
RFP -- ON-CALL PLAN & MAP CHECKING SERVICES, CC24-097
c. Examples of similar Projects
SAMPLE PROJECTS REPRESENTATIVE OF TRANSTECH’S EXPERIENCE IN REQUESTED SERVICES
Agency: CITY OF WEST COVINA
Project: Asteria Residential Development (Valuation $40 m).
This development includes 158-unit residential homes.
Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.
Agency: CITY OF SOUTH EL MONTE
Project: Chico Residential Development (Valuation $15 m).
This development includes 13 buildings with 70 residential units.
Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.
Agency: CITY OF COMMERCE
Project: Warehouse with Office Space Development
(Valuation $20 m). This development includes one -story of warehouse with mezzanines for office use of 114,898 square feet of total floor area in a 5.65-acre lot.
Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.
Agency: CITY OF ALHAMBRA
Project: Main Street Collection (Valuation $23 m). This development includes 4-story mixed-use project with 8,200 s ft retail space, 52 condos, 9 live/work units, 19 townhomes, and 6 shopkeeper units.
Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.
Proposal 7
RFP -- ON-CALL PLAN & MAP CHECKING SERVICES, CC24-097
Agency: CITY OF TEMPLE CITY
Project: Blossom Walk Residential Development (Valuation $6 m). This development includes 24-unit condominiums and 4 single family homes.
Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.
Agency: CITY OF WEST COVINA
Project: Medical Center Building (Valuation $20 m). This project is a new Medical Office Building of approximately 55,000 sf that will operate 24/7 providing a radiation
oncology department and infusion department.
Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.
Proposal 8
RFP -- ON-CALL PLAN & MAP CHECKING SERVICES, CC24-097
4. References
Transtech has been in business for 35 years and is providing municipal services to approximately 80 public agencies.
Per the RFP, 3 references of Public Agencies are required where Transtech is providing similar services (additional references can be provided is requested by the City):
CITY OF ALHAMBRA (Year started and completed: 1993 – Ongoing Service) Reference Contact:
• Andrew Ho, Community Development Director; T: 626-570-5041; E: [email protected]
Services Provided:
Building & Safety Services: Building Official, Plan Review, Inspection, Permit Technician City Engineering Services: City Engineer, City Traffic Engineer, Engineering Plan Check, Map Check, Design, CIP and Construction Management, PW Inspection, Fed Proj Management
CITY OF SOUTH EL MONTE (Year started and completed: 2018 – Ongoing Service) Reference Contact:
• Contact: Rene Salas, City Manager, T: 626-579-6540, E: [email protected] Services Provided:
Building & Safety Services: Building Official, Plan Review, Inspection, Permit Technician City Engineering Services: City Engineer, City Traffic Engineer, Engineering Plan Check, Map Check, Design, CIP and Construction Management, PW Inspection, Fed Proj Management
CITY OF COMMERCE (Year started and completed: 2003 – Ongoing Service) Reference Contact:
• Vilko Domic, Assistant City Engineer; T: 323-722-4805; E: [email protected] Services Provided:
Building & Safety Services: Building Official, Plan Review, Inspection, Permit Technician City Engineering Services: City Engineer, City Traffic Engineer, Engineering Plan Check, Map Check, Design, CIP and Construction Management, PW Inspection, Fed Proj Management
Proposal 9
RFP -- ON-CALL PLAN & MAP CHECKING SERVICES, CC24-097
5. Work Plan
a. Project Understanding
Section C of the City’s RFP includes a detailed scope of services, which is cited below a reference. Transtech will provide the requested services in the scope of services.
1. STATEMENT OF PURPOSE
The City of Victorville (the “City”) invites qualified engineering consultants to submit proposals to provide specialized planning services for its On-Call Plan & Map Checking Services to perform on-call plan and map check review and approval services on a project-by project basis. The Service Provider shall perform, coordinate, and manage the tasks listed in this scope of services. The following tasks are not intended to be comprehensive or exclusive; they are merely set forth as a general outline of the work that shall be expected.
The work under this agreement shall include the following:
2. CITY’S RESPONSIBILITIES
1. Receive submittal package from developer and check for completeness.
2. Provide copies of reference plans and studies of the surrounding area that are pertinent to the project.
3. Provide copies of the conditions of approval, and mitigation measures identified in the environmental review process.
4. Notify Service Provider that submittal package is ready for review.
5. Transmit map, special studies, and plan check comments received from Service Provider to developer.
3. SERVICES PROVIDER’S RESPONSIBILITIES
1. Coordinate online file sharing/digital transfer(s) of submittal packages, map check comments, plan check comments, and special studies comments to the City.
2. Check submittal package, plans, maps, and/or studies for completeness.
3. Review the following reference plans of surrounding areas to check for inconsistencies in design and/or boundary conditions:
a. Subdivision Map
b. Street Improvement Plans
c. Grading Plans
d. Storm Drain Plans
e. Sewer Improvement Plans
f. Water Improvement Plans
g. Site Plans
4. Perform Site visits to verify field conditions and look for unique site conditions.
5. Review and recommend for approval subdivision maps, certifying that they are technically correct and comply with the Subdivision Map Act and City ordinances.
6. Review and recommend for approval the following improvement plans to assure that City standards and generally accepted engineering principles and practices are met:
a. Street Improvement Plans
b. Storm Drain Plans
c. Grading Plans
d. Erosion Control Plans
Proposal 10
RFP -- ON-CALL PLAN & MAP CHECKING SERVICES, CC24-097
e. Sewer Improvement Plans
f. Water Improvement Plans
g. Street Light Plans
7. Review and recommend for approval construction cost estimates submitted by developer.
8. Review soils reports and geotechnical/infiltration studies to identify unique design recommendations or conditions, checking for consistency with project design parameters and improvement plans, recommending for approval or requiring additional review by engineering department.
9. Review hydrology/drainage studies to identify unique design recommendations or conditions, checking for consistency with project design parameters and improvement plans, recommending for approval or requiring additional review by engineering department.
10. Review sewer and water feasibility studies to identify unique design recommendations or conditions, checking for consistency with project design parameters and improvement plans, recommending for approval or requiring additional review by engineering department.
11. Review PCMP/WQMP to identify unique design recommendations or conditions, checking for consistency with project design parameters and improvement plans, recommending for approval or requiring additional review by engineering department.
12. Review Scoping Agreements, VMT, and Traffic Impact Analysis Studies to identify unique design recommendations or conditions, checking for consistency with project design parameters and improvement plans, recommending for approval or requiring additional review by engineering department.
13. Review subdivision maps to check for consistency with improvement plans.
14. Review the conditions of approval, and mitigation measures identified in the environmental review process to check for consistency with improvement plans.
15. Check improvement plans for conformance with City standards and specifications, master planning documents, and NPDES requirements.
16. The service provider shall provide a written statement that the subdivision maps (if requested) and improvement plans are recommended for approval. The subdivision maps and improvement plans shall be approved and signed by a Civil Engineer registered by the State of California to practice civil engineering.
17. Review of the subdivision maps and improvement plans submittal shall be completed and returned to the City in a timely manner. It is expected that first time review of plans be returned to the City within four weeks and subsequent reviews of the plan returned within two weeks.
4. EXTRA WORK
Extra work is new or unforeseen work performed by the Consultant when the City determines that it is not covered by the Scope of Work. No extra work is authorized without written approval from the City. The Consultant shall immediately submit an RFI to the City requesting authorization to perform any extra work.
5. MONTHLY PROGRESS REPORT AND INVOICE
The Consultant shall submit a monthly invoice which shall be accompanied by a progress report that summarizes the work completed within the period. The Consultant can only invoice for costs actually incurred before invoicing the City. All work shall be billed per the agreed unit prices set forth in the Cost Proposal.
6. PROJECT RECORDS AND DOCUMENTS
The Consultant is required to maintain copies of all required records at its office for the duration of services and submit to the City all original documents. All draft reports, final reports, or other documents shall be typed.
Handwritten documents will not be accepted. The City, duly authorized representatives, and other jurisdictional agencies shall have access to any documents, books, papers, and records of the consultant (which are directly pertinent to this project) for the purpose of making an audit, examination, excerpts, and
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RFP -- ON-CALL PLAN & MAP CHECKING SERVICES, CC24-097
transcriptions. The City will be the owner of all original documents, and digital information. All digital and/or computer-generated drawings shall be the property of the City and two (2) original hard copies shall be submitted to the City with a digital copy.
b. Service Approach
Service philosophy:
Our service philosophy is defined by our unique “Customer Care” approach in delivering our services in an efficient, cost-effective, timely and customer friendly manner:
Transtech is well known in providing Cost Effective Services on time with a customer friendly and responsive approach.
Our services are founded on the principles of Total Quality Management for Total Customer Care. We have a structured approach to execute projects in an efficient manner that makes Transtech capable of providing the City with the highest quality product. We start by working with the applicant early on and during plan review to help them prepare a set of plans which have all of the required information clearly and logically presented. Additionally, we never hesitate to make suggestions which help eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field . Experience has taught us well that inspection time and applicant frustration can both be substantially reduced, while increasing overall compliance, by producing a better set of plans during the plan review process. And in the case of homeowners, this policy often demonstrates early on that the City really is truly a partner in a process that can often be a source of stress and tension for many applicants, and we fully understand that. This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit much sooner, and reduces the overall time our staff is required to spend on that particular plan. Transtech provides all plan check comments on electronic files. All plan check comments are provided on pdf format electronically, as well as hard copies. Plan review corrections are written clearly and are fully detailed to explain the Code deficiency.
To help the applicant better understand the problem, Transtech provides as much information during plan review as possible. We believe that if the applicant has a clear understanding of the problem, he or she can take the necessary steps to correct the condition. This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit much sooner , and reduces the overall time our staff is required to spend on that particular plan. Unclear and/or cryptic corrections are never written, and all correction lists, except those written over the counter, are typed and printed on a laser printer. Our plan checkers confer early on and respond to questions from the architect, engineer, designer, applicant, etc. When requested, our plan checkers also meet with the architect, engineer, designer, applicant, etc. at our offices to answer questions or for rechecks where the plan corrections. Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, which helps eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field.
All telephone calls or e- mails received are returned within the same working day, or the following day.
We take pride in our “Same Day Response” motto.
Responsiveness is an integral part of Transtech’s “customer friendly” service approach. We will strive to enhance the City’s image by public trust to be the most desirable community to live, invest and conduct business.
Customer Care means highest quality customer service. Transtech is committed to providing “Customer Care” to the City, City's patrons, responding quickly and effectively to the walk -in, telephone, and
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electronic inquiries of the public related to our services.
Plan Check Processing:
When a plan check order is received, it is logged and reviewed by Building Staff and then assigned to applicable plan checkers. The plan check duration is monitored thru the plan check log data base, which generates messages at identified intervals to info rm plan checker and supervising Sr. Staff so that they are aware of how the progress and status continuously. If any potential delay is monitored, necessary steps are taken, such as meeting with plan checker to review the schedule, workload, performance, and identify actions, including assigning additional staff, if necessary, to ensure timely completion of assignment.
Plan Check Coordination:
Our plan checkers respond to questions from the architect, engineer, designer, applicant, etc. When requested, our plan checkers also meet with the architect, engineer, designer, applicant, etc. at our offices to answer questions or for rechecks.
• Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, which helps eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field. This pro -active approach reduces inspection time and questions, and applicant frustration, while increasing overall compliance, by producing a better set of plans during plan review process.
Especially, when the applicant is a homeowner trying to improve his/her property, this policy often demonstrates early on that the City really is here to help.
Approach to Meeting with Applicants:
Our staff is available to applicants by phone and through email or through virtual meeting for questions or available to meet for rechecks if necessary. Our policy is to meet with applicants virtually via TEAMS or ZOOM or when necessary, at City Hall, but we also have an available facility at our office meetings with applicants.
Expedited/Off-Business Hours/Weekend Services:
If the City receives a request from applicants for expedited plan check services, Transtech staff is able to provide additional resources to accommodate such a request. If the City requests inspection services, Transtech staff will provide additional reso urces to accommodate inspection requests during off business hours and weekends.
Quick Turn Around and Expedited Service:
Transtech will provide plan checks on a quick turn- around schedule. Transtech also provides expedited service when requested. Applicant will be able to see online on real time the progress of plan check submittals.
Weekend, Holiday & Atter Work Inspection:
Transtech is readily available and has the resources to provide weekend, holiday, and after -work hour inspections as requested by the City Manager or designee.
Electronic Plan Check:
• Transtech provides Electronic Plan Check. Please click here for a sample of our electronic plan check portal at one of our contract Cities.
• We offer electronic plan check submittal portal to our client cities at no cost.
Virtual Counter:
We offer virtual meetings with plan checkers. Please click here to explore the virtual plan check counter
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appointment calendar for one of the Cities,
Following are sample snap shots of various types of electronic plan checks.
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c. Staff Availability
Readily Available Staff:
Transtech has a large pool of well experienced staff and resources readily available to provide requested services, and respond to requests in a timely, efficient, and cost -effective manner. Our staff and resources include approximately 200 staff, including building officials, plan checkers, inspectors, permit technicians , engineers, project managers, designers, plan checkers, inspectors, construction managers, traffic and transportation analysts, technicians, support personnel.
d. Response Times
Quick Turn Around Time and Expedited Services / Expedited/Off -Business Hours/Weekend Services:
Transtech will provide plan checks on a quick turn- around schedule. Transtech also provides expedited service when requested. If the City receives a request from applicants for expedited plan check services, Transtech staff will provide additional resources to accommodate such a request. If the City requests inspection services, Transtech staff will provide additional resources to accommodate inspection requests during off business hours and weekends.
Average Response Times:
• Based on the size of project and types and number of plans submitted, initial plan reviews are generally completed within 2 to 3 weeks.
• Subsequent plan reviews are generally completed within 2 weeks.
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6. Fee Summary (per RFP requirement, submitted
separately)
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7. Staff Resumes
SR. STAFF PROJECT ORGANIZATION CHART
RESUMES
AHMAD ANSARI, PE, Contract Principal
Education
• BS in Engineering, MBA
Registrations/Certifications
• Registered Civil Engineer
Subconsultants:
SOILS REPORT REVIEW SUPPORT: GEO-ADVANTEC, INC. (www.geoadvantec.com) LANDSCAPE PLAN REVIEW SUPPORT: WITHERS & SANDGREN, LTD. (www.withersandsandgren.com)
City of Victorville
MICHAEL ACKERMAN, PE, QSD/P,
QISP
Sr. Engineer
20 yrs of experience.
Serves as PM, Plan Checker at various TT
Contract Cities.
Prior experience includes working for public
agencies and Caltrans.
AZITA FAKOORBAYAT, PE
Sr. Engineer
30 yrs of experience.
Serves as City Eng., PM, Plan Checker at
various TT Contract Cities.
Prior experience includes working for public
agencies as Sr. Eng, PM, Assist. City Eng.
JEFFREY KAO, PE, CASp, CBO
Sr. Engineer
20 yrs of experience.
Serves as Plan Checker at various TT
Contract Cities.
Prior experience includes working as a
structural engineer.
AHMAD ANSARI, PE
Sr. Engineer, Contract Principal
30 yrs of experience.
Prior experience includes working for public agencies as PW Director, City Engineer.
JOSEPH DEPERALTA, PE, QSD
Sr. Engineer
30 yrs of experience
Serves as Plan Checker at various TT
Contract Cities.
DAVID RAGLAND, PE, PLS, QSD/P,
QISP
Sr. Engineer
35 yrs of experience
Licensed Civil engineer and Land Surveyor.
Diverse experience in a wide variety of
projects.
CARLOS PINEDA, PE, QSD/P, LEED
Sr. Engineer
30 yrs of experience
Serves as Plan Checker at various TT
Contract Cities.
MICHAEL DAVID LLOYD, PE, QSD,
QSP
Sr. Engineer
30 yrs of experience.
Serves as PM, Plan Checker at various TT
Contract Cities.
Prior experience includes working for public
agencies.
ZIAD Y. MAZBOUDI, PE, QSD/P,
CPSWQ, CPESC, LEED AP, D.WRE
Sr. Engineer
34 yrs of experience.
Serves as PM, Plan Checker at various TT
Contract Cities.
Prior experience includes working for public
agencies.
BAHMAN JANKA, TE
Sr. Traffic Engineer
30 yrs of experience.
Serves as City Traffic Eng. at TT
Contr. Cities.
Prior experience includes working for public
agencies as City Traffic Engineer.
MARIA FRASER, PE, QSD/P
Sr. Engineer
33 yrs of experience.
Serves as PM, Plan Checker at
various TT Contract Cities.
Prior experience includes working for public
agencies as City Eng, CIP Manager
Our staff and resources include approximately 200 staff, including building official, plan checkers, inspectors, engineers, project managers, designers, construction managers, traffic and transportation analysts, technicians, admin support personnel.
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Highlights
Mr. Ansari has over 30 years of past experience in City and County Public Works and has worked at several municipalities in Southern California, including:
• City of Moreno Valley- Public Works Director/City Engineer • City of Rialto- Public Works Director/City Engineer
• City of Perris- Public Works Director
• City of Pomona- Deputy Public Works Director/Assistant City Engineer.
He has managed CIP Programs and Public Works Operations, and served as the responsible in charge of numerous multi-disciplinary teams, including:
• Capital Improvement Program project management and delivery • Real Property/Right of Way acquisition and management • Traffic and Transportation engineering
• Private Development/Entitlement process review and approval • Maintenance and Operations including roads, storm drains, sewers, parks, facilities, traffic signals, signs/striping, fleet
• Special Districts, Landscape/Lighting Assessment
• Electric Utility
MICHAEL ACKERMAN, PE, QSD, QSP, QISP, Sr. Engineer
Education
• BS in Engineering
Registrations/Certifications
• RE Academy, Caltrans
• Water Pollution Control Compliance on Construction Sites for RE, Caltrans • Construction Program Management Workshop, FHWA
• Field Office Procedures Course, Caltrans
• California Work Zone Inspection – High Speed, Caltrans • Asphalt Concrete Inspection and Rehabilitation Strategies, Caltrans Highlights
Mr. Ackerman has over 20 years of experience. At Transtech, he has been working as a Sr. Engineer at various Transtech City Engineering Contracts. He has served at various Cities under Transtech’s City Engineering Contracts, including Temple City, Huntin gton Park, and Alhambra. He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies.
Mr. Ackerman’s experience also includes working at Caltrans and other agencies:
o Caltrans District 8: Mr. Ackerman was a civil transportation engineer for Caltrans District 8 where he was involved in the design and construction of various projects. • City of San Bernardino: Mr. Ackerman was involved in various projects, including Development Review and Plan Check, Design and Project Management.
• City of Huntington Park: Mr. Ackerman worked as contract City Engineer under Transtech’s municipal services contract and later as City Engineer and Interim Director of Public Works under the City.
MARIA FRASER, PE, QSD, QSP, Sr. Engineer
Education
• BS in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer
Highlights
Ms. Frazer has over 33 years of experience in design, planning, project Management and construction of public works and commercial development infrastructure field. Ms. Fraser has spent the last four (4) years in the public sector as the Capital Improvements Program Manager for the City of Chino. H er responsibilities include planning, managing, and directing the work of a division of the Public Works Department staffed by professional and sub -professional engineers. She has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies.
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As the Public Works CIP Manager, Ms. Fraser has been responsible for the programming, designing and delivery of multi-disciplinary capital improvement program projects, including street, water, sewer, storm drain, transportation, paving and slurry maintenance program, and other infrastructure systems.
Ms. Fraser is competent in the management and coordination of all construction activities ensuring that the projects are delivered with regards to safety, quality, program and cost.
As the CIP Engineering Manager, Ms. Fraser assumed the role of Acting Public Works Director when the PW Director is away. During the Public Works Directors absence, she participated in the weekly Executive Management Team (EMT) and responsible for decision making during his absence.
Ms. Fraser’s experience also includes working at various positions for public and private agencies including:
• City of Palm Desert, City Engineer
• City of Chino, Senior Project Manager:
• City of Adelanto, City Engineer:
• Consultant for the Caltrans’s District 8 NPDES unit as Storm Water Coordinator/Water Pollution Control Manager CLM Professional Services
• Fraco Engineering Consultants, Principal Engineer
AZITA FAKOORBAYAT, PE, Sr. Engineer
Education
• BS in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer
Highlights
Ms. Fakoorbayat has over 25 years of experience. She has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies.
Recent Experience with Transtech’s contract Cities:
Contract CIP Project Manager, City of Chino: As contract CIP Project Manager, coordinate various CIP projects throughout project design phase, including concrete, asphalt, storm drain, sewer, water, grading, traffic signal, accessibility. Conduct design review, PS&E review, constructability and biddability review, and manag e design phase of various CIP projects, and manage and coordinate various CIP projects with various design engineers to ensure project design phases are completed within time and budget, and proceed with construction.
Public Agency Experience:
• Principal Engineer, City of Costa Mesa, CA
• As Principal Engineer, perform a broad range of highly complex and professional • Civil Engineer I, Pierce County Public Works Utilities and Transportation • Services, Design Section, Tacoma, WA
• Assistant City Engineer, City of Sumner, Sumner, WA
Private Consulting Experience:
• Senior Project Manager, Afb Group, Laguna Niguel, Ca
• Senior Project Manager, Berryman & Henigar, Santa Ana, Ca • Project Manager, CNC Engineering, Newport Beach, Ca
• Senior Design Engineer/ Project Manager, Harding Lawson Associates Group Inc., Bellevue, Wa
CARLOS A. PINEDA, PE, QSD, QSP, LEED, Sr. Engineer
Education
• BS in Civil Engineering,
Registrations/Certifications
• Registered Civil Engineer
Highlights
Mr. Pineda has over 30 years of experience in c ivil engineering and project management. He has
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extensive experience working for both private and public sectors. He has participated on numerous multi-disciplinary teams dealing with the planning and development of civil and traffic engineering, urban and rural development, and public works projects. He has served as Principal Project Manager for a variety of projects. Public works design experience covers a wide variety of projects, including the improvement of major arterials, secondary highways and collectors, flood control and drainage projects, water and waste water projects, ADA retrofit, and safe routes to school projects. He has a good understanding and knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other go vernmental agencies. Private sector design experience covers a wide range of projects including residential master planned communities and “in tract” residential improvements . In -tract residential improvements included the design and construction of domestic and reclaimed water infrastructure to serve the new developments.
DAVID RAGLAND, PE, PLS, QSD, QSP, Sr. Engineer
Education
• Humboldt State University, CA, Bachelor of Science
Registrations/Certifications
• Registered Civil Engineer
• Licensed Land Surveyor
Highlights
Mr. Ragland is a civil engineer and land surveyor has over 30 years of diverse experience in a wide variety of projects in civil engineering. He has managed numerous multi -disciplinary teams dealing with the planning, engineering, entitlement, environmen tal permitting, development and construction of urban and rural development, and public works projects. His experience also includes special emphasis on complex grading and hillside developments (has worked on the civil engineering and development of more than 40,000 acres of hillside properties), preparation of due diligence and project feasibility analysis, through conceptual planning and design to entitlement and construction.
JEFFREY KAO, PE, CBO, CASp, ICC Certified Building Official, Plans Examiner and Inspector Education
• MS, BS Civil Engineering, Cal Poly
Registrations/Certifications
• Registered Civil Engineer; CASp
• ICC Certified Building Official, California Building Plans Examiner, CalGreen Inspector, CalGreen Plans Examiner, Mechanical Plans Examiner, Plumbing Plans Examiner, Building Inspector Highlights
Mr. Kao has over 20 years of experience and has been working at Transtech as Deputy Building Official, Senior Plans Examiner, On-Site Over the Counter Plans Examiner and performed plan checks for a variety of residential and commercial projects in Cities of Alhambra, South Pasadena, and Temple City. Mr. Kao has broad knowledge of building and safety operations, including working in the capacity of Deputy Building Official and Plans Examiner. His past experience includes working as a structural engineer for 4 years at a structural design firm.
MICHAEL DAVID LLOYD, PE, QSD, QSP, Sr. Engineer
Education
• MS Civil Engineering, Texas A&M University
• BS Civil Engineering, Southern Methodist University
• MS Public Policy, Georgetown University
Registrations/Certifications
• Licensed Civil Engineer
• QSD, QSP
Highlights
Mr. Lloyd has over 30 years of experience, including working in both public and private sector. He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies.
Mr. Lloyd has worked for the City of Moreno Valley for 25 years and been responsible for the
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programming, designing and delivery of multi -disciplinary capital improvement program projects, and served in various capacities as:
• Assistant City Manager responsible for Public Works and Community Development Departments • Public Works Director
• City Engineer Land Development Division Manager
• Land Development Engineer
• Sr. Engineer
• Civil Design Engineer
• Traffic Engineer
• CIP Project Manager
• Construction Manager
As part of his responsibilities, Mr. Lloyd has:
• Maintained regular communications with developers and business owners working within the City to ensure satisfactory project progress.
• Represented the City at WRCOG committees.
• Oversaw upgrades to Accela / Digital Plan Room that streamlined the submittal process. • Oversaw the restructuring of Moreno Valley Utility and staffing of new positions. • Assisted with the restaffing of the Business and Safety Division, Planning Division, and Community Enhancement Division.
• Ensured City Council priorities are addressed in a timely manner with positive outcomes. • Oversaw Department’s preparation and submittals for various grant applications consistent with City Council priorities and the CIP.
ZIAD Y. MAZBOUDI, PE, QSD, QSP, CPSWQ, CPESC, LEED AP, D.WRE, Sr. Engineer Education
• BS in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer (#61216)
Highlights
Mr. Mazboudi has 34 years of progressively responsible, diversified experience in public works, engineering, utilities, development engineering, facilities maintenance, sustainability, environmental programs and project management in both the public and private sector, supported by a strong educational background in civil engineering, geographic information systems, water quality/urban runoff, and environmental programs. His experience includes:
• City of San Clemente - PW Department, Deputy Director/Engineering • City of San Juan Capistrano - PW/Utilities Department, Senior Civil Engineer • City of Westminster - PW Department, Associate Civil Engineer/Development Engineer • City of La Habra - PW Department, Assistant Civil Engineer.
Special International Projects:
• US Green Building Council (www.usgbc.org), Egyptian Green Building Council (EGBC) Represented the US Green Building Council, to assist in the formation of the EGBC. Provided lectures on the role of government in Green Building and on the US Green Building Program, LEED. • USAID International Development Agency ( www.usaid.gov), In partnership with USAID and ICMA Kingdom of Jordan Commercial/Industrial Environmental Audit In partnership with USAID and ICMA, developed a training manual for the audit of commercial and industrial facilities in Jordan. Performed audits in Jordan and provided recommendations to the Minister of the Environment and the Minister of Local Government.
JOSEPH DEPERALTA, PE, QSD, Sr. Engineer
Education
• BS in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer
Highlights
Mr. Peralta has approximately 30 years of experience. His experience includes working as
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contract/consultant City Engineer, Plan Checker, Design Engineer for various Cities. His experience includes dealing, coordinating and navigating thru the permitting processes with municipal, county and state level and other governmental agencies, architects and consultant, utility companies, and regional entities, including Caltrans, Water Quality Board, AQMD, US Corps of Engineers, Department of Fish and Game, Union Pacific Railroad and others.
BAHMAN JANKA, TE, Sr. Traffic Engineer
Education
• MS, BS in Civil Engineering
Registrations/Certifications
• Registered Traffic Engineer
Highlights
Mr. Janka has over 35 years of experience in Traffic Engineering and Transportation Planning.
He has served as City Traffic Engineer and Transportation Director for public agencies, including:
• City of Pasadena, California: Transportation Administrator • City of Santa Clarita, California: City Traffic Engineer • City of Fremont, California: Associate Transportation Engineer • City of Palo Alto, California: Associate Transportation Engineer • Entranco Engineers, Bellevue, Washington: Transportation Engineer.
Subconsultants:
• SOILS REPORT REVIEW SUPPORT: GEO-ADVANTEC, INC. (www.geoadvantec.com )
Geo-Advantec, Inc. offers comprehensive services in various areas from site feasibility evaluation thought project completion for a wide range of projects and services, which include: Geotechnical Eng.; Eng. Geology; Geotechnical Earthquake Eng.; Geotechnical Instrumentation; Pavement Eng.; Forensic Geotechnical Eng.; Grading Monitoring and Field Testing; Soils & Materials Laboratory Testing; Special Inspection Services. Geo- Advantec owns a certified laboratory accredited by AMRL (ASSHTO Materials Reference Laboratory), in conformity to the requirements of the AASHTO Accreditation Program (AAP), AASHTO R -18, ASTM D3740 and ASTM E329; CCRL (Cement and Concrete Reference Laboratory); Caltrans; DSA (the Department of the State Architects); Army Corp of Engineers.
• LANDSCAPE PLAN REVIEW SUPPORT: WITHERS & SANDGREN, LTD. www.withersandsandgren.com )
Withers & Sandgren has been involved in providing varying levels of support to Community Development Departments for over twenty years. The firm has provided counter support for walk in plan reviews, been monthly Design Review Committee attendees, as well as presenters with planning staff to Planning Commissions and City Councils.
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8. Required F orms (Section D of RFP)
Transtech Engineers, Inc.
O: 909-595-8599
Ahmad Ansari, PE, Contract Principal 5/2/24
X
X
X
X
X
X
X
X
X
X
X
X
Per RFP requirement, submitted separately
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Per RFP requirement
COST PROPOSAL
is submitted separately
Proposal 24
RFP -- ON-CALL PLAN & MAP CHECKING SERVICES, CC24-097
Per RFP requirement
COST PROPOSAL
is submitted separately
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RFP -- ON-CALL PLAN & MAP CHECKING SERVICES, CC24-097
Transtech Engineers, Inc.
13367 Benson Ave, Chino CA 91710
909-595-8599
909-590-8599
[email protected]
x
CA
38768 Chino
Ahmad Ansari, PE, Principal
95-4314745
95-4314745
Allen Cayir, President
Consulting Firm
13367 Benson Ave, Chino CA 91710
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CITY OF ALHAMBRA (Year started and completed: 1993 – Ongoing Service) Reference Contact:
• Andrew Ho, Community Development Director; T: 626-570-5041; E: [email protected] Services Provided:
Building & Safety Services: Building Official, Plan Review, Inspection, Permit Technician City Engineering Services: City Engineer, City Traffic Engineer, Engineering Plan Check, Map Check, Design, CIP and Construction Management, PW Inspection, Fed Proj Management CITY OF SOUTH EL MONTE (Year started and completed: 2018 – Ongoing Service) Reference Contact:
• Contact: Rene Salas, City Manager, T: 626-579-6540, E: [email protected] Services Provided:
Building & Safety Services: Building Official, Plan Review, Inspection, Permit Technician City Engineering Services: City Engineer, City Traffic Engineer, Engineering Plan Check, Map Check, Design, CIP and Construction Management, PW Inspection, Fed Proj Management CITY OF COMMERCE (Year started and completed: 2003 – Ongoing Service) Reference Contact:
• Vilko Domic, Assistant City Engineer; T: 323-722-4805; E: [email protected] Services Provided:
Building & Safety Services: Building Official, Plan Review, Inspection, Permit Technician City Engineering Services: City Engineer, City Traffic Engineer, Engineering Plan Check, Map Check, Design, CIP and Construction Management, PW Inspection, Fed Proj Management
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Transtech Engineers, Inc.
Ahmad Ansari, PE
5/2/24 Contract Principal
Per RFP, t he Consultant shall obtain a City
business license prior to commencing work for
the City of Victorville.
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Transtech Engineers, Inc.
X
954314745
X
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RFP -- ON-CALL PLAN & MAP CHECKING SERVICES, CC24-097
X
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RFP -- ON-CALL PLAN & MAP CHECKING SERVICES, CC24-097
Transtech Engineers, Inc.
Ahmad Ansari, PE Contract Principal
Contract Principal Transtech Engineers, Inc.
5/2/24 Chino
CA
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Company Profile:
Established in 1989, Transtech (a California Corporation) is a multi-disciplinary engineering consulting firm.
Transtech has been in business for 35 years and provides municipal services to approximately 80 public agencies.
One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers. We serve as Building Official, Building Plans Examiner, Building Inspector, Permit Technician, Building Code Enforcement, City Engineer, City Traffic Engineer, Map/Plan Checker, Public Works/Permit Inspector, CIP Manager, Construction Manager, Construction Inspector, Designer, Federally Funded Project Manager and in other capacities for a number of public agencies.
Transtech’s Plan Check and Inspection Capacity in numbers:
• We maintain and manage electronic plan submittal portals for over 25 cities. • In 2023, we processed and reviewed approximately 11,000 projects with 76,000 documents and performed approximately 52,000 inspections.
Innovative and Advanced Technology:
Transtech has integrated many technological assets into its services to provide the most efficient and cost - effective service possible. We provide fully automated electronic plan submittal, plan checking, and tracking.
We provide this on our company portal , as well as offer same portal access to our client cities on their web sites.
Electronic Plan Check:
Transtech provides all Electronic Plan Check. Please click here for a sample of our electronic plan check portal at one of our contract Cities. We offer electronic plan check submittal portal to our client cities at no additional cost.
Virtual Counter:
We offer virtual meetings with plan checkers. Please click here to explore the virtual plan check counter appointment calendar for one of the Cities,
Readily Available Staff:
Transtech has a large pool of well experienced staff and resources readily available to provide requested services, and respond to requests in a timely, efficient, and cost-effective manner. Our staff and resources include approximately 200 staff, including building officials, plan checkers, inspectors, permit technicians, engineers, project managers, designers, plan checkers, inspectors, construction managers, traffic and transportation analysts, technicians, support personnel.
Community Involvement:
We are proud to support civic and community activities, which demonstrates our commitment to the progress, health, and well-being of the communities we serve. In services and partnership with our client cities, we have a proven record of active engagement in City and Community events, programs, causes, and initiatives. Our goal is not just to serve as an engineering consultant which is what we are best at, but activity partnering with our clients, to further enhance the City’s reputation as an ideal communi ty to live, invest, work, and play in.
The Transtech Team is very passionate about giving back, especially through youth empowerment and k h iddl h l d hi h h l d hi h d i d
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Transtech Engineers, Inc.
Ahmad Ansari, PE Contract Principal
954314745
13367 Benson Ave, Chino, CA 91710
909-595-8599 909-590-8599 [email protected] 5/2/24
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RFP -- ON-CALL PLAN & MAP CHECKING SERVICES, CC24-097
j. Acknowledgement Pages for All Addenda (if any) acknowledgement pages will be included as part of any issued addenda
N/A
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Appendix: Insurance
Transtech’s current Insurance Info is provided below. Transtech is currently under contract with the City for services. If selected by the City for this project, we will appreciate the opportunity of having our Attorney discuss the final contract language to ensure our insurance is in compliance with current laws and regulations and meets the City’s requirements with the City’s Attorney. Following items may be discussed:
• For insurability purposes, any duty to
defend which is not expressly
deleted or defined as a
reimbursement to the extent of the
adjudicated negligence will
present insurability issues.
• Insurance may not cover payment
for any of the City’s’ defense
related cost prior to a final
determination of liability or to pay
any amount that exceeds
Contractor’s finally determined
percentage of liability based upon
the comparative fault of
Contractor. Consultant should
reimburse all reasonable attorneys’
fees as part of City’s total damages
tied directly to Consultant’s
determined percentage of fault.
• For insurability purposes, one of the
most important contract terms is to
ensure the word "negligent" is
evident in the indemnity clause.
Absent a negligence trigger for
claims, a client or owner could
present claims with no allegations of
negligence, and the professional
liability may have coverage
implications. Inserting "negligent"
acts, errors, or omissions can help
make the entire indemnity subject
to an appropriate standard of care.
• Many contracts use phrases such
as: “arising out of or in connection
with". This can allow the certificate
holder to assert claims that vaguely
involve our scope of services. By
replacing such phrases with "but
only to the extent actually caused
by", the claimant must establish that
the negligence was the proximate
cause of the damage, otherwise
known as direct causation, would
be insurable.
• For insurability purposes, we suggest
limiting the obligation to only those
parties with whom we have the
contract, or who are in direct
contractual privity to the project
owner.
• For insurability purposes, in the event of any dispute between the Parties related to this Agreement or this Project, we recommend that the Parties agree to first negotiate in good faith toward a resolution with participation by representatives of each Par ty holding sufficient authority to resolve the dispute. If such dispute cannot be resolved in this manner, before any action or litigati on is initiated other than as required to secure lien rights, the dispute should be submitted to mediation using the Ame rican Arbitration Association or another mediator as mutually selected by the Parties. Such mediation should be completed within a reasonable period of tim e following either Party’s written demand with each Party to bear an equal share of the mediation fees and its own respective attorney and consultant fees and costs.”
Attachment B
Consultant/Professional
Services Provider
Agreement,
CC24-097
1 Consultant/Professional Services Provider Agreement/Transtech Engineers, Inc./Project CC24-097
CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
TRANSTECH ENGINEERS, INC.
FOR
ON-CALL PLAN & MAP CHECKING SERVICES, PROJECT CC24-097
THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), dated this _______ day of ______________, 2024, for reference purpose only, is made and entered into by and between THE CITY OF VICTORVILLE, a municipal corporation located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and Transtech Engineers, Inc., a California corporation, hereinafter referred to as “Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.”
RECITALS:
WHEREAS, the City requires Consultant/Professional Services to provide On-Call Plan & Map Checking Services; and
WHEREAS, Consultant represents that it is fully qualified to perform the consulting and/or professional services required for performance under this Agreement by virtue of its experience and the training, education and professional skill of its principals and its employees; and
WHEREAS, in light of the facts set forth above, the City desires to retain the services of a qualified Consultant to provide, on an independent contractor basis, On-Call Plan & Map Checking Services; and
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein.
Section 2. SCOPE OF SERVICES
Consultant shall provide to the City those services set forth in the Scope of Services, attached hereto as Exhibit “A” and incorporated as part of this Agreement by this reference.
2 Consultant/Professional Services Provider Agreement/Transtech Engineers, Inc./Project CC24-097
Section 3. COMPENSATION
The City shall pay to Consultant a sum not to exceed One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) for faithful performance of the services to be rendered under this Agreement, subject to the Proposal provisions of Section 4, below. No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements: (i) are specifically provided for and described by nature and type in Exhibit “B”, below; (ii) appear on Consultant’s monthly invoices to City; (iii) are supported by the appropriate receipts and other such documentation as the City shall require; and (iv) are directly related to the Scope of Services to be performed under this Agreement. In addition, any and all reimbursements shall be made in accordance with any City policy governing same.
Section 4. COST PROPOSAL
The City shall pay Consultant as provided in the Cost Proposal, attached hereto as Exhibit “B” and incorporated as part of this Agreement by this reference. The provisions of Exhibit “B” notwithstanding, in order to receive payments, Consultant shall be required to submit to the City detailed monthly invoices which include, if applicable, a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any, as required by Section 3, above.
Provided that services have been satisfactorily rendered, invoices shall be paid by the City approximately thirty (30) working days following receipt of Consultant’s invoice.
Section 5. PREVAILING WAGES
a. In accordance with the provisions of the California Labor Code (1720,1770- 1776, 1810, 1813 and 1815, as amended and applicable), the State Director of Industrial Relations has determined the general prevailing rates of per diem wages in the locality where the Project is to be done. Copies of the updated Wage Determination rates are available from the State of California via the internet at
www.dir.ca.gov. Additionally, copies of the prevailing rate of per diem wages are on file at the City of Victorville Finance Department and shall be made available for review to any interested party on request. Notwithstanding anything in the Contract Documents to the contrary, to the extent applicable to Consultant’s services, Contractor and all subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the work contemplated by this Agreement. Contractor shall be responsible for using correct and current prevailing wage rates.
b. AB219 (as applicable) adds Section 1720.9 to the Labor Code, the hauling and delivery of ready -mixed concrete to carry out a public works contract, with respect to contracts involving state agency or any political subdivision of the state. Section 1720.9 defines the term “ready-mixed” concrete and specifies that the rate of pay shall be the current prevailing wage “for the geographical area in which the factory or batching plant is located” as determined by the DIR.
The statute also requires a written agreement between the party hauling or delivering the ready - mixed concrete and the party that engaged its services.
The delivery company shall provide certified payroll records under Labor Code section 1776(a) to the party that engaged its services and to the general contractor within five working days after the employee has been paid, accompanied by a written time record within five working days after the
3 Consultant/Professional Services Provider Agreement/Transtech Engineers, Inc./Project CC24-097
employee has been paid, accompanied by a written time record. The time record must be certified by each driver for the performance of job duties.
c. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct State prevailing wage and compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at work site, employment of apprentices, and other requirements of California Labor Code Section 1720, et seq.; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its subcontractors.
NOTE: Copies of the Certified Payrolls, Proof of Payroll submissions and appropriate Lien Releases are required with each invoice to the City. Payment of the invoice may be delayed when Payroll related documents and/or lien releases are not included with the invoice. An error on the part on any awarding body does not relieve the Contractor from responsibility for payment of the prevailing wage of per diem wages and penalties pursuant to Labor Code (1770 - 1776).
Section 6. TERM OF AGREEMENT
This Agreement shall be for an Initial Term commencing on the date of full execution of the Agreement (the “Commencement Date”) and expiring on June 30, 2025 (the “Termination Date”) (the “Term”), unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent Agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 21 below.
This Agreement may be extended for Four (4) additional one-year periods (hereinafter “Option Periods”), at the option of City, subject to satisfactory performance as determined by the City. City shall give Consultant sixty (60) days advance written notice prior to the expiration the initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the City decide to exercise its option(s) to extend. In the event City does not give Consultant such written notice of its option to extend, this Agreement shall terminate at the end of the then-current Term or Option Period without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 below. Should the City fail to give Consultant the sixty (60) days written notice of its intention to exercise any Option Period, the City may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Consultant.
Section 7. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the Parties that Consultant is an independent contractor and not an employee, agent, joint venture, or partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or any employee or agent of Consultant. Both Parties acknowledge that Consultant is not an employee for state or federal tax purposes or any other purpose. Consultant shall retain the right to perform services for others during the term of this Agreement.
4 Consultant/Professional Services Provider Agreement/Transtech Engineers, Inc./Project CC24-097
Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS OF
CONSULTANT
a. Consultant represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City.
(3) The services described in this Agreement can be performed without the use of City equipment, materials, tools, or facilities, unless otherwise provided under a separate Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by Consultant to perform the services described in this Agreement.
(6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City.
b. The City represents and acknowledges the following:
(1) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement.
(2) The City will not hire, supervise, or pay any employees or assistants working for Consultant pursuant to this Agreement. Nothing contained in this Agreement shall prevent the City from hiring Consultant’s employees or assistants after termination of this Agreement.
(3) Nothing in this Agreement shall be interpreted to imply that Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(4) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement.
(5) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement.
(6) Unless deemed necessary under certain circumstances, Consultant is not required to perform the services set forth in this Agreement at City Hall or on City-owned property.
5 Consultant/Professional Services Provider Agreement/Transtech Engineers, Inc./Project CC24-097
(7) Other than attendance at required public meetings and public hearings, and complying with the provisions of the Proposal set forth in Exhibit B and any procedural requirements set forth by law, Consultant is not required to perform the services set forth in this Agreement in any particular order or sequence.
(8) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.
Section 9. NOT AGENT OF THE CITY
a. Nothing contained in this Agreement shall be deemed, construed, or represented by the City or Consultant or by any third person to create the relationship of principal and agent.
b. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.
Section 10. LICENSES AND PERMITS
Consultant represents that it has obtained and will maintain at all times during the Initial Term (and during the Option Period, if applicable) of this Agreement all business licenses, including but not limited to a City of Victorville business license, professional licenses or certifications, or permits necessary for performing the services described in this Agreement.
Section 11. STANDARD OF PERFORMANCE
a. Consultant agrees to perform all services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar services under similar conditions in the same or similar locality. Such services shall also be performed in a manner which is reasonably satisfactory to Fredy A. Bonilla, City Engineer, or his designee.
b. By executing this Agreement, Consultant represents that it:
(1) Has thoroughly investigated and considered the services and work to be performed;
(2) Has investigated the issues regarding the scope of services to be provided;
(3) Has carefully considered how the services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.
Section 12. FAMILIARITY WITH WORK
Should Consultant discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the City, Consultant shall immediately inform the City
6 Consultant/Professional Services Provider Agreement/Transtech Engineers, Inc./Project CC24-097
of such fact and shall not provide any services, except at Consultant's risk, until written instructions are received from Fredy A. Bonilla, City Engineer, or his designee.
Section 13. CONFLICTS OF INTEREST
Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s services under this Agreement. Consultant further covenants that in the performance of services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.
Section 14. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Consultant or its employees, officers, or board members.
Section 15. COMMERCIAL GENERAL AND AUTOMOBILE
LIABILITY INSURANCE
a. Consultant shall procure and maintain at its own expense, during the Initial Term of this Agreement (and during the Option Period, if applicable) , Commercial General Liability Insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by Consultant or its officers, employees, servants, volunteers, and agents and independent contractors.
b. Consultant shall further procure and maintain, at its own expense, during the Initial Term of this Agreement, (and during the Option Period, if applicable), Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement.
Section 16. WORKERS' COMPENSATION INSURANCE
a. Consultant shall procure and maintain at its own expense, during the Initial Term of this Agreement (and during the Option Period, if applicable), Workers' Compensation Insurance, providing coverage as required by the California State Workers' Compensation Law.
b. If any class of employees employed by the Consultant pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the City.
7 Consultant/Professional Services Provider Agreement/Transtech Engineers, Inc./Project CC24-097
Section 17. PROFESSIONAL LIABILITY INSURANCE
Professional Liability Insurance or Errors and Omissions insurance as appropriate to Consultant’s profession shall be required and written on a policy form specifically designed to provide coverage for and protect against the negligent acts, errors and omissions of the Consultant in the performance of the services required by this Agreement. A minimum limit of $1,000,000 per claim and in the aggregate must be provided.
Section 18. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation and Professional Liability, shall be endorsed to name the City and its officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.
Section 19. WAIVER OF SUBROGATION RIGHTS
Consultant shall require the carriers of all required insurance policies, with exception to Professional Liability, to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, and independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
Section 20. PROOF OF INSURANCE COVERAGE;
REQUIRED ENDORSEMENTS
a. Consultant shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the City Clerk certificates of insurance evidencing the required coverage, and policy endorsements at least one (1) business day prior to the commencement of any services to be performed under this Agreement.
b. The policies and certificates of insurance shall be endorsed to provide that in the event of cancellation of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
c. Each policy and certificate of insurance shall provide that the policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.
d. Each policy and certificate of insurance shall provide that the policy will be maintained throughout the Initial Term (and during the Option Period, if applicable), of this Agreement.
e. The Commercial General Liability and Vehicle Liability policies shall be endorsed to contain the following provision: “For any claims related to this Agreement, Consultant’s coverage shall be primary with respect to the City. Any insurance maintained by the City shall be in excess of Consultant’s insurance and shall not contribute with it.”
8 Consultant/Professional Services Provider Agreement/Transtech Engineers, Inc./Project CC24-097
Section 21. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
Section 22. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 23. INDEMNIFICATION
a. Except as set forth in Subsection b of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) to the extent they arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.
b. The provisions of this Subsection b apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is l imited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.
(1) Notwithstanding the provisions of Subsection a above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.
(2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference.
Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees.
9 Consultant/Professional Services Provider Agreement/Transtech Engineers, Inc./Project CC24-097
c. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
d. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.
Section 24. REPORTS
Upon request by Fredy A. Bonilla, City Engineer, or his designee. or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the services required by this Agreement.
Section 25. RECORDS
a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Fredy A. Bonilla, City Engineer, or his designee, to evaluate the cost and the performance of such services.
b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. Fredy A. Bonilla, City Engineer, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to Fredy A. Bonilla, City Engineer, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
Section 26. RESERVED
Section 27. CONFIDENTIALITY; OWNERSHIP OF WORK
a. Any and all documents and information obtained from the City or prepared by Consultant for the City shall be kept strictly confidential unless otherwise provided by applicable law. All City data, documents and information shall be returned to the City upon termination of the Agreement.
b. Any drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be
10 Consultant/Professional Services Provider Agreement/Transtech Engineers, Inc./Project CC24-097
released publicly without the prior written approval of Fredy A. Bonilla, City Engineer, or his designee, or as required by applicable law.
c. Consultant shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of Fredy A. Bonilla, City Engineer, or his designee, or as required by applicable law.
d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultant’s services or when requested by Fredy A. Bonilla, City Engineer, or his designee. Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant.
e. Consultant’s covenants under this Section 27 shall survive the termination of this Agreement.
Section 28. PRINCIPAL REPRESENTATIVES
a. Allen Cayir, President, or his designee is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement.
b. Fredy A. Bonilla, City Engineer, or his designee. shall be the principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement.
c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.
Section 29. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES
a. This Agreement may be modified or amended only by a written instrument signed by both Parties.
b. During the Initial Term, the City may request that the Consultant perform Extra Services.
As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of PROJECT TITLE, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.
Section 30. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous Agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and Agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that
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no representations, inducements, promises, or Agreements have been made by or on behalf of any Party, except those covenants and Agreements in this Agreement.
c. No Agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.
Section 31. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Notwithstanding the foregoing, the Parties agree that Exhibit “B” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Consultant/Professional Services Standard Provider Agreement and Exhibit “B” the terms of this Consultant/Professional Services Standard Provider Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Consultant/Professional Services Standard Provider Agreement.
Section 32. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the City: Fredy Bonilla, City Engineer
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Consultant: Allen Cayir, President
Transtech Engineers, Inc.
13367 Benson Ave.
Chino, CA 91710
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 33. NON-LIABILITY OF OFFICERS AND
EMPLOYEES
No officer or employee of the City or Consultant shall be personally liable to Consultant or City, or any successor in interest, in the event of any default or breach by the City or Consultant
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or for any amount, which may become due to Consultant or City or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
Section 34. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney(s) review this Agreement and all related documents.
Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.
Section 35. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.
Section 36. ASSIGNMENT
This Agreement shall not be assigned by either Party without prior written consent of the other Party.
Section 37. CARE OF WORK
The performance of services by Consultant or the payment of money by the City shall not relieve Consultant from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such incomplete, inaccurate or defective work is due to the negligence of Consultant.
Section 38. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 39. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.
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Section 40. GENDER
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 41. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 42. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 43. DEFAULT
a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.
b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein.
c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.
Section 44. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
14 Consultant/Professional Services Provider Agreement/Transtech Engineers, Inc./Project CC24-097
Section 45. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 46. ATTORNEYS’ FEES
In the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 47. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Consultant, approved by the City’s Risk Manager, and executed by the authorized City personnel or Mayor.
Section 48. REPRESENTATIONS OF PARTIES AND PERSONS
EXECUTING AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 49. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.
(END OF THIS PAGE)
15 Consultant/Professional Services Provider Agreement/Transtech Engineers, Inc./Project CC24-097
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
THE CITY OF VICTORVILLE TRANSTECH ENGINEERS, INC.
By: ______________________________ By: _____________________________ Elizabeth Becerra, Allen Cayir,
Mayor President
Dated: ____________________________ Dated: ___________________________________
ATTEST
By: _______________________________
Jennifer Thompson,
City Clerk
Dated: _____________________________
By: ________________________________
Sandra Bostick,
Risk Manager
Dated: _____________________________
APPROVED AS TO STANDARD FORM:
By: ________________________________
Andre de Bortnowsky,
City Attorney
Dated: _____________________________
16 Consultant/Professional Services Provider Agreement/Transtech Engineers, Inc./Project CC24-097
EXHIBIT A
SCOPE OF SERVICES
SEE ATTACHED
17 Consultant/Professional Services Provider Agreement/Transtech Engineers, Inc./Project CC24-097
SCOPE OF SERVICES
1. STATEMENT OF PURPOSE
Qualified engineering consultants shall submit proposals to provide specialized planning services for its On -Call Plan & Map Checking Services to perform on -call plan and map check review and approval services on a project -by project basis. The Consultant shall perform, coordinate, and manage the tasks listed in this scope of services. The following tasks are not intended to be comprehensive or exclusive; they are merely set forth as a general outline of the work that shall be expected. The work under this agreement shall include the following:
2. CITY’S RESPONSIBILITIES
1. Receive submittal package from developer and check for completeness.
2. Provide copies of reference plans and studies of the surrounding area that are pertinent to the project.
3. Provide copies of the conditions of approval, and mitigation measures identified in the environmental review process.
4. Notify Service Provider that submittal package is ready for review.
5. Transmit map, special studies, and plan check comments received from Service Provider to developer.
3. SERVICES PROVIDER’S RESPONSIBILITIES
1. Coordinate online file sharing/digital transfer(s) of submittal packages, map check comments, plan check comments, and special studies comments to the City.
2. Check submittal package, plans, maps, and/or studies for completeness.
3. Review the following reference plans of surrounding areas to check for inconsistencies in design and/or boundary conditions:
a. Subdivision Map
b. Street Improvement Plans
c. Grading Plans
d. Storm Drain Plans
e. Sewer Improvement Plans
f. Water Improvement Plans
g. Site Plans
4. Perform Site visits to verify field conditions and look for unique site conditions.
5. Review and recommend for approval subdivision maps, certifying that they are technically correct and comply with the Subdivision Map Act and City ordinances.
6. Review and recommend for approval the following improvement plans to assure that City standards and generally accepted engineering principles and practices are met:
a. Street Improvement Plans
b. Storm Drain Plans
c. Grading Plans
d. Erosion Control Plans
e. Sewer Improvement Plans
f. Water Improvement Plans
18 Consultant/Professional Services Provider Agreement/Transtech Engineers, Inc./Project CC24-097
g. Street Light Plans
7. Review and recommend for approval construction cost estimates submitted by developer.
8. Review soils reports and geotechnical/infiltration studies to identify unique design recommendations or conditions, checking for consistency with project design parameters and impr ovement plans, recommending for approval or requiring additional review by engineering department.
9. Review hydrology/drainage studies to identify unique design recommendations or conditions, checking for consistency with project design parameters and improvement plans, recommending for approval or requiring additional review by engineering department.
10. Review sewer and water feasibility studies to identify unique design recommendations or conditions, checking for consistency with project design parameters and improvement plans, recommending for approval or requiring additional review by engineering department.
11. Review PCMP/WQMP to identify unique design recommendations or conditions, checking for consistency with project design parameters and improvement plans, recommending for approval or requiring additional review by engineering department.
12. Review Scoping Agreements, VMT, and Traffic Impact Analysis Studies to identify unique design recommendations or conditions, checking for consistency with project design parameters and improvement plans, recommending for approval or requiring additional review by engineering department.
13. Review subdivision maps to check for consistency with improvement plans.
14. Review the conditions of approval, and mitigation measures identified in the environmental review process to check for consistency with improvement plans.
15. Check improvement plans for conformance with City standards and specifications, master planning documents, and NPDES requirements.
16. The service provider shall provide a written statement that the subdivision maps (if requested) and improvement plans are recommended for approval. The subdivision maps and improvement plans shall be approved and signed by a Civil Engineer registered by the State of California to practice civil engineering.
17. Review of the subdivision maps and imp rovement plans submittal shall be completed and returned to the City in a timely manner. It is expected that first time review of plans be returned to the City within four weeks and subsequent reviews of the plan returned within two weeks.
4. EXTRA WORK
Extra work is new or unforeseen work performed by the Consultant when the City determines that it is not covered by the Scope of Work. No extra work is authorized without written approval from the City. The Consultant shall immediately submit an RFI to the City requesting authorization to perform any extra work.
5. MONTHLY PROGRESS REPORT AND INVOICE
The Consultant shall submit a monthly invoice which shall be accompanied by a progress report that summarizes the work completed within the period. The Consultant can only
19 Consultant/Professional Services Provider Agreement/Transtech Engineers, Inc./Project CC24-097
invoice for costs actually incurred before invoicing the City. All work shall be billed per the agreed unit prices set forth in the Cost Proposal.
6. PROJECT RECORDS AND DOCUMENTS
The Consultant is required to maintain copies of all required records at its office for the duration of services and submit to the City all original documents. All draft reports, final reports, or other documents shall be typed. Handwritten documents will not be accepted.
The City, duly authorized representatives, and other jurisdictional agencies shall have access to any documents, books, papers, and records of the consultant (which are directly pertinent to this project) for the purpose of making an audi t, examination, excerpts, and transcriptions. The City will be the owner of all original documents, and digital information.
All digital and/or computer-generated drawings shall be the property of the City and two (2) original hard copies shall be submitted to the City with a digital copy.
20 Consultant/Professional Services Provider Agreement/Transtech Engineers, Inc./Project CC24-097
EXHIBIT B
COST PROPOSAL
See Attachment
EXHIBIT B
21/Consultant/Professional Services Provider Agreement/Transtech Engineers, Inc./Project CC24-097
EXHIBIT B
22/Consultant/Professional Services Provider Agreement/Transtech Engineers, Inc./Project CC24-097 Special Studies Fixed Cost
STUDY CONSULTANT COST
(FIXED)
WQMP
Preliminary $2310
Final $660
GEOTECHNICAL STUDY
Preliminary $2640
Final $3300
HYDROLOGY
Preliminary $990
Final $2640
DRAINAGE
Preliminary $1320
Final $1650
Additional fees will apply beyond the 3rd
submittal at an hourly rate of $165
The above fees are increased each year July 1st
automatically by the percentage change Los
Angeles-Long Beach-Anaheim California Consumer
Price Index-All Urban Consumers (“CPI-U”) for the
preceding twelve-month period as calculated for
February by the U.S. Department of Labor Bureau
of Labor Statistics and published by the United
States Bureau of Labor Statistic.
EXHIBIT B
23/Consultant/Professional Services Provider Agreement/Transtech Engineers, Inc./Project CC24-097 Item Number: 11
City Council / Board of Directors
Written Communications
Meeting of: September 3, 2024
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Green Tree Boulevard Extension Project – San Bernardino County Transportation Authority Loan Repayment
Recommendation:
That the Honorable City Council approve a full-term loan payment in the amount of $2,500,000.00 to the San Bernardino County Transportation Authority (SBCTA) for the Green Tree Boulevard Extension Project.
Fiscal Impact:
The recommended action will result in a fiscal impact of $2,500,000.00. Funding for this project was approved in the FY 2023/24 Budget. There are sufficient funds remaining to repay the full amount borrowed against the Term Loan Agreement required of Fund 352, Road Development Impact Fees (DIF). The account number and available budget for this repayment are provided in the following table.
Account Available Budget
3524500-52300-60013 $2,500,000.00
Strategic Plan Goal:
This project aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. Repayment of the loan debt incurred for the construction of the Green Tree Blvd Extension project will enable the City to budget remaining road DIF funds for future road capacity improvement projects.
Background:
There are two approved funding agreements by the City Council between the City and SBCTA to cover the costs associated with the planning, design, and construction of the Green Tree Blvd Extension Project. Each agreement covers one of two types of funding 3 7
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sources identified as a Public Share of Cost and Development Share of Cost. The Public Share of Cost can be defined as funding which may include earmarks and grants obtained by the City specifically for the project. The Development Share of Cost can be defined as funding which includes DIF fees collected by the City to plan for and mitigate the impact of increased congestion new developments will introduce on the existing transportation network. Road DIF is collected to fund new road construction or road capacity increase projects. Between these two types of funding sources, the reimbursement ratio varied depending on the activity. The activities included planning, engineering, environmental, Right-of-Way acquisition, construction, and construction management. The ratio among these activities varied requiring 0% to 49% of certain costs be funded by development and the other 51% to 100% of the same activity be public funds. All of this required much work to track and monitor by the City, SBCTA, and Caltrans.
The first agreement (15-1001115) with SBCTA involving a Public Share of Cost was approved on December 16, 2014, for design and Right-of-Way acquisition. There have been seven amendments to that agreement approved by the Council which have either extended the term or added funding to the project. Amendment No. 5 to the agreement was approved by the Council on July 16, 2019, adding $21,635,594 of public funding for the construction phase of the project. Amendment No. 6 to the agreement was approved by the Council on March 2, 2021, adding an additional $1,082,424 to the Public Share of Cost totaling $22,718,018 due to the increased estimated cost of the project. These funds include: federal demonstration earmark grant funds; Measure I Major Local Highway Program (MI MLHP) funds for the Victor Valley; County MI MLHP funds; Surface Transportation Program (STP), and Highway Improvement Program (HIP) federal grant funds. Some of these funds are administered by SBCTA such as the Measure I component, the other federal grant funds are administered by Caltrans. All of the funding sources are reported to SBCTA in the agreement to account for the ratios in the share of cost between public and development funds.
The second agreement (16-1001481) with SBCTA involving a Development Share of Cost was approved on September 6, 2016, for right-of-way acquisition and construction.
This Term Loan Agreement committed SBCTA to loan up to two-thirds of the development share for the Green Tree Blvd Extension Project and committed the City to repay the loan from available Road Development Impact Fees after the project was completed. On October 5, 2016, both parties entered into the agreement which authorized SBCTA to loan the City the estimated Local Share of Project Costs in an amount estimated to be $12,511,320 from the City’s Major Local Highway Program funds. In 2021, the development share of cost based upon construction estimates was re-evaluated and determined to be $19,888,492. Therefore, on March 2, 2021, the City Council approved Amendment No. 1 to the Term Loan Agreement with SBCTA in an amount of $747,675 increasing the two-thirds loan amount from $12,511,320 to $13,258,995.
In 2023, the City submitted a claim for $2,500,000 to SBCTA against the Term Loan Agreement for construction costs incurred during the period of 06/01/2021 to 04/30/2023 for Green Tree Blvd to replenish the Road DIF fund balance to support construction costs as needed. The fund transfer was received by the City in July of 2023. Subsequently, the 3 7
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Green Tree Boulevard Extension Project was accepted as complete, and the issuance of the Notice of Completion was approved by the City Council on October 3, 2023.
Discussion:
With construction of the Green Tree Boulevard Extension Project being complete, repayment of the funds lent by SBCTA to the City are due Per Section 3.4.1 of the agreement, “Not later than September 30 of each year after the first Draw has been made by Lender, Borrower shall transfer to Lender all Uncommitted Development Impact Fees collected by Borrower in the prior Fiscal Year until the Loan Amount is paid in full.” With $3,090,189.61 remaining in the budget, there are more than sufficient funds available to repay the loan in full.
Staff recommends that the City Council approve the full-term loan payment in the amount of $2,500,000.00 to the SBCTA for the Green Tree Boulevard Extension Project.
Staff remains available for any questions Council may have.
Attachments: A. SBCTA Invoice
B. SBCTA Term Loan Agreement
ATTACHMENT A
January 30, 2024
City of Victorville
14343 Civic Drive
PO Box 5001
Victorville, CA 92393- 5001
Billing No: 01
Term Loan Agreement No. 16- 1001481
Project: Green Tree Boulevard Extention
2/ 3 Loan
16- 1001481 ( Loan Agreement) Allocation
Authorization Date 09/ 07/ 2016
Participating cost from 06/ 01/ 2021
to 04/ 30/ 2023
2/ 3 Loan Amount:$ 12, 511, 320. 00
Amend. # 1 $ 747, 675. 00
TOTAL $ 13, 258, 995. 00
Total Costs $ 2, 500, 000. 00
Less: Participating Costs on
Previous Invoices $ 0. 00
Subtotal $ 2, 500, 000. 00
Reimbursement Ratio 100. 00%
Subtotal $ 2, 500, 000. 00 Total $ 2, 500, 000. 00
0. 00
2, 500, 000. 00
2, 500, 000. 00
Remaining 2/ 3 Loan Allocation Amount: $ 10, 758, 995. 00 I certify the charges for work billed are proper and that project progress is commensurate with cash disbursements being claimed on the " Net Amount due" line above.
Hilda Flores Date
Chief Financial Officer
For questions regarding this invoice, please contact Daniel Rodriguez ( 909) 884- 8276 EXT: 108 Total 2/ 3 Loan Amount Due:
Previous Draw Against 2/ 3 Loan Amount:
Current Loan Amount Due:
Victorville Loan 16- 1001481 BILLING SUMMARY 01/ 18/ 2024 City of Victorville 16-1001481
Invoice No: 01- 16- 1001481 ( Loan Agreement)
2/3 Loan
Vendor Invoice Period of Performance Check # Cost Reimbursement Ratio Total Reimbursement Amount City of Victorville 1 06/01/2021- 04/30/2023 1005815 2,500, 000. 00 100. 00% 2,500, 000. 00 Total 2,500, 000. 00$ 2,500, 000. 00$
Total 2,500, 000. 00$
Total To- Date Loan
Amount Due 2,500, 000. 00$
FINANCE DEPARTMENT
@;""
1170 W. 3rd Street, 2nd Floor Check No. 1005815
c
San Bernardino, CA 92410
909- 884- 8276
son bernardlno county
transportation authority
CHECK DATE CHECK NUMBER VENDOR NUMBER VENDOR CHECK VOUCHER NO. 7/ 11/ 2023 1005815 02324 CITY OFVICTORVILLE 1005815
INVOICE CONTRACT PURCHASE INVOICE INVOICE ACCOUNT DISTRIBUTION AMOUNT DOC NO. NO. ORDER NO. NUMBER DESCRIPTION DUE
117299 16- 1001481 1 4/ 30/ 23 GREEN TREE BOULEVARD EXTENTION TERN 4230. 50. 0550. 0516. 54840. 41100000 2, 500, 000. 00 Total 2, 500, 000. 00
ACCOUNTS PAYABLE CHECK NO. 1005815
INVOICE NUMBER DATE P. O. NUMBER DESCRIPTION DISCOUNT AMOUNT 1 4/ 30/ 23 06/ 28/ 2023 GREEN TREE BOULEVARD EXTENTION TEF 0. 00 2, 500, 000. 00 2, 500, 000. 00
PLEASE DETACH BEFORE DEPOSITING
ACCOUNTS PAYABLE PAYABLE THROUGH 16- 24
1170 W. 3RD ST, 2ND FLOOR
WELLS FARGO BANK, N. A 1220
S
SAN BERNARDINO, CA 92410 VENDOR CHECK
909- 884- 8276
NUMBER DATE NUMBER CHECK AMOUNT
02324 07/ 11/ 2023 1005815 2, 500, 000. 00
PAY SUA PAYMENT NOTICE ONLY- DO NOT CASH *****
TO THE
CITY OF VICTORVILLE NON- NEGOTIABLE
ORDER P. O. BOX 5001
OF
VICTORVILLE, CA92393- 5001 NON- NEGOTIABLE
COPY COPY COPY COPY COPY
Measure I 2010- 2040
Mountain/ Desert Subarea
Major Local Highway Program
Request for Reimbursement
Form 403 Rev. 04/19 1 of 2
1. Agency named in SBCTA Funding Agreement.
2. Individual SBCTA should contact for questions regarding this request or the attached material.
3. SBCTA Contract #: 16-1001481 Agency Invoice #: 1
4. Project Name: Green Tree Boulevard Extension Project Project name as shown on SBCTA Funding Agreement.
5. Payment Amount Requested: $ 2,500,000
Total amount being requested for reimbursement for this project with this Request for Payment.
CHECK HERE IF FINAL INVOICE. Please see instructions in Funding Agreement regarding the Submittal of the Final Invoice and the Final Report of Expenditures, both due within 120 days following the
completion of those expenditures
6. Authorizing Signature: Date: 6/28/2023
Signature and date of the City/ Town Manager or Chief Administrative Officer.
7. Summary of Project Costs Table
Phase Agreement
Allocation
Total
Reimbursement
to Date
Current
Reimbursement
Request
from Summary)
Environmental Studies ( PA& ED) $ 0 $ 0 $ 0
Plans, Specs & Estimates ( PS& E) $ 0 $ 0 $ 0
Right of Way ( ROW) $ 0 $ 0 $ 0
Construction ( CON) $ 0 $ 0 $ 2,500, 000
TOTAL $ 13,258, 995 $ 0 $ 2,500, 000
8. INSTRUCTIONS:
a. Submit a copy of the contractor/ consultant invoices and associated checks. b. Submit a summary of the invoices using the form attached. c. Submit one summary for each project.
d. Please include a copy of any invoice to Caltrans relating to the invoices provided.
Agency Name: City of Victorville
Contact Person: Brian Gengler Phone: 760- 955 Email: bgengler@victorvilleca. gov Measure I 2010- 2040
Mountain/ Desert Subarea
Major Local Highway Program
Request for Reimbursement
Form 403 Rev. 04/19 2 of 2
INVOICE SUMMARY
VENDOR NAME 20203 SCOPE OF WORK INVOICE
NUMBER
INVOICE
AMOUNT
CHECK
NUMBER
SkanskaPay Estimate No. 1 June2021 1 635,629.05 782931
SkanskaPay Estimate No. 1.1 June2021 1.1 35,500.00 782295 SkanskaPay Estimate No. 2 July 2021 2 3,527,373.60 783494 SkanskaPay Estimate No. 3 August 2021 3 2,345,936.70 783677 SkanskaPay Estimate No. 4 September2021 4 1,891,578.51 783677 SkanskaPay Estimate No. 5 October 2021 5 900,670.11 328330 SkanskaPay Estimate No. 6 November 2021 6 768,321.10 328610 SkanskaPay Estimate No. 7 December 2021 7 875,286.96 328962 SkanskaPay Estimate No. 8 January 2022 8 2,068,742.55 328962 SkanskaPay Estimate No. 9 February 2022 9 900,162.65 329517 SkanskaPay Estimate No. 10 March 2022 10 680,706.83 330106 SkanskaPay Estimate No. 11 April 2022 11 2,586,641.53 330445 SkanskaPay Estimate No. 12 May 2022 12 2,068,637.52 331038 SkanskaPay Estimate No. 13 June2022 13 1,919,986.87 331306 SkanskaPay Estimate No. 14 July 2022 14 2,313,431.77 331768 SkanskaPay Estimate No. 15 August 2022 15 1,495,745.28 332211 SkanskaPay Estimate No. 16 September2022 16 1,080,619.09 332439 SkanskaPay Estimate No. 17 October 2022 17 1,036,172.23 332788 SkanskaPay Estimate No. 18 November 2022 18 429,339.24 333592 SkanskaPay Estimate No. 19 December 2022 19 608,771.62 333733 SkanskaPay Estimate No. 20 January 2023 20 1,207,566.64 333733 SkanskaPay Estimate No. 21 February 2023 21 1,121,707.66 334334 SkanskaPay Estimate No. 22 March 2023 22 1,111,788.91 334552 SkanskaPay Estimate No. 23 April 2023 23 1,117,861.99 334952 SkanskaPay Estimate No. 24 May 2023 24 569,833.85 Pending Total Construction Spent To Date 33,298,012.26
Billedto SBCTATermLoan
Invoice # Amt Retention Total
1 17,395.00$ 869.75$ 16,525.25$
2 353,190.59$ 17,659.53$ 335,531.06$
3 1,031,394.00$ 51,569.70$ 979,824.30$
4 792,373.12$ 39,618.66$ 752,754.46$
5 244,598.32$ 12,229.92$ 232,368.40$ To-date items billed to SBCTATerm Loan16-1001481. 6 257,669.48$ 12,883.47$ 244,786.01$ Amount-to-date exceedthe payment amount requested of $2,500,000. 7 153,866.83$ 7,693.34$ 146,173.49$
8 348,367.11$ 17,418.36$ 330,948.75$
9 181,494.21$ 9,074.71$ 172,419.50$
10 187,292.67$ 9,364.63$ 177,928.04$
11 364,500.52$ 18,225.03$ 346,275.49$
12 950,653.31$ 47,532.67$ 903,120.64$
13 448,932.06$ 22,446.60$ 426,485.46$
14 388,760.94$ 19,438.05$ 369,322.89$
15 403,568.64$ 20,178.43$ 383,390.21$
16 370,650.25$ 18,532.51$ 352,117.74$
17 271,066.80$ 13,553.34$ 257,513.46$
19 152,618.06$ 7,630.90$ 144,987.16$
20 462,052.76$ 23,102.64$ 438,950.12$
22 275,452.16$ 13,772.61$ 261,679.55$
23 472,387.65$ 23,619.38$ 448,768.27$
8,128,284.48$ 7,721,870.26$
GL Fund Program Task Sub Task Object Revenue Amount
Expense 4230 50 0550 0516 54840 41100000 2, 500, 000. 00) Project Level 1 Level 2 Object
GL Fund Program Task Sub Task Object Revenue Amount
Expense 4230 50 0550 0516 54840 42433003 2, 500, 000. 00 Project Level 1 Level 2 Object
0516 022 225 54840
Initial
Eden Post:
Initial Initial Initial
Prepared By:
Project Manager:
Director/ Task Manager:
EDEN Posting No.:
Budget Adjustment in
Process
Approved By:
Invoice Note
12/ 12/ 2023
Finance Use Only
FY Applicable to:
Name
12/ 12/ 2023
Date
Date
Name
12/ 12/ 2023
DateName
PA String if applicable)
Green Tree Term Loan
String Increase
Fund Source
Sub Task Description: MSI Mt/ Desert Allocation Term Loan Agreement 16 1001481 PA String if applicable)
MSI VV MLHP
Fund Source
Sub Task Description: MSI Mt/ Desert Allocation
Reason for Adjustment/ Reclassification
Invoice miscoded.
String Reduction
Transaction Date: Check Date: 7/ 11/ 2023
Invoice Date: Check Amount:$ 2, 500, 000.006/28/ 2023
6/ 25/ 2023
Vendor No.: Invoice Amount:$ 2, 500, 000. 00
Contract or PO: 1005815CheckNo.:16 1001481
02324
Request for General Journal Adjustments/ Reclassifications This form is only for GL Adjustments to Correct Paid Invoices Posted to Wrong Strings.
EDEN Invoice History MUST be Attached)
Invoice Detail
Vendor Name: Invoice No.: 1 4/ 30/23Cityof Victorville
Form 108 12/18 Refer to Procedure20005.
ATTACHMENT B
Item Number: 12
City Council / Board of Directors
Written Communications
Meeting of: September 3, 2024
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Capital Project Needs Analysis Reports for San Bernardino County Transportation Authority
Recommendation:
That the Honorable City Council approve the submission of the Capital Project Needs Analysis (CPNA) Reports to the San Bernardino County Transportation Authority for Fiscal Years 2025/2026 through 2029/2030.
Fiscal Impact:
The approval of the CPNA does not have a direct fiscal impact. Planned expenses for this fiscal year were included in the approved budget. An additional appropriation is not required.
Strategic Plan Goal:
This item aligns with Goal E in the City of Victorville Strategic Plan 2023-2026, “Invest in Infrastructure.” The CPNA is a tool utilized by San Bernardino County Transportation Authority (SBCTA) to budget and fund projects that fall under the Victor Valley Major Local Highways Program including bridge projects or major road improvement projects.
Background:
The Measure I 2010-2040 Strategic Plan requires local jurisdictions to annually adopt a five-year CPNA. The CPNA is used to analyze the cash flow needs for the Victor Valley Major Local Highways Program (local high desert area) and the Valley Freeway Interchange and Arterial Programs (San Bernardino/Inland Empire area) to support decisions that will be made by the SBCTA Board as part of their annual budgeting process. Jurisdictions are required to submit to SBCTA by September 30, 2024, both the CPNA reports for Fiscal Years 2025/2026 - 2029/2030 and an adopting resolution or minute action.
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The CPNA includes an estimate of project costs by funding type, fiscal year, and phase for the five-year period following the beginning of the subsequent fiscal year. It also demonstrates that the jurisdiction has the development mitigation fair share funds for the projects as assigned by the SBCTA Nexus Study. The SBCTA Board approves the projects listed in the first two years of the CPNA as eligible for reimbursement subject to several factors within the Victor Valley Major Local Highways Program.
Approval of the CPNA by the SBCTA Board does not guarantee fund availability. The CPNA serves to establish eligibility for reimbursement. Jurisdictions like Victorville must be aware of their allocation balances and anticipated equitable share revenue to determine financial constraints. The approval of the list of projects eligible for reimbursement is approved by the SBCTA Board in conjunction with the annual budget.
The Victor Valley Major Local Highways Program (MLH) Program requires that a master list of projects eligible for funding be maintained and periodically updated. The list of eligible projects must be approved by the SBCTA Board, based on a recommendation of the Victor Valley subarea representatives and the Mountain/Desert Committee. The current list of near-term approved projects was included in the 2021 update to the 10- Year Delivery Plan and through subsequent Board allocations; however, there is flexibility to add projects to the list of eligible projects if funding capacity is available. At minimum, the CPNA should include the projects that are contained in the 10-Year Delivery Plan and/or under existing funding agreements with the current cash flow needs. The Green Tree Extension and Bear Valley Road Overhead projects are contained in the 10-Year Delivery Plan. Construction for both of these projects is complete, but the project closeout housekeeping is still on going with the California State Water Board, Caltrans, and SBCTA to finalize the projects.
The majority of the projects listed in the Nexus Study for Victorville are currently completed or removed from the list. Some of the completed projects include the Nisqualli bridge, Green Tree bridge and Bear Valley BNSF bridge. Future projects listed in the Nexus study include widening of National Trails Hwy from I-15 to Air Expressway from two to four lanes and widening Monte Vista Rd to four lanes. These two future projects are not listed in the pass-through Five-Year Measure I Capital Improvement Plan for FY 2024/25 through 2028/29 that was approved by the Council on August 20, 2024.
Discussion:
The Green Tree Blvd Extension and Bear Valley Road Overhead at BNSF Railroad Projects need to be included in the CPNA to comply with SBCTA’s requirements. The CPNA project reports attached show the funding organized in a table by phase, fund type and fiscal year. The funding for the reports must be entered in an SBCTA form that has a pre-determined format. The funding for both projects is consistent with funding agreements (and subsequent amendments) which have been previously approved by both SBCTA and the City. The funded phases are: PS&E (plans, specifications, and estimates); ROW (right of way); and CONST (construction). The fund types are as follows:
“DEMO” (federal demonstration grant funds); “MSI MLHP” (Measure I Major Local Highway Program); “MI LOCAL ST” (Victorville’s Measure I local pass-through); “STP” 3 7
7 5
(Federal Surface Transportation Program); “Other” (Federal Highway Infrastructure Program) and Federal Bridge National Highway Performance Program); “HBP” (Federal Highway Bridge Program); “DEV LOAN” (road development impact fee loan from SBCTA); and “DEV FEE” (road development impact fees).
The funds shown in the “Prior” column are funds programmed prior to FY 24/25. Expenses have spanned several fiscal years on both projects. The Bear Valley Road Overhead at BNSF Railroad Project was completed in FY 2023/24. The Green Tree Extension Project construction was completed in FY 2022/23; however, there is a loan from SBCTA for $2,500,000 of Road Development Impact Fees. Staff is requesting approval by a separate written communication to pay this loan off this fiscal year.
Staff recommends that the Honorable City Council approve the submission of the Capital Project Needs Analysis Reports including the Green Tree Blvd Extension and the Bear Valley Road Overhead at BNSF Railroad Projects for Fiscal Years 2025/2026 through 2029/2030.
Staff is available for any questions Council may have.
Attachments: A. Capital Project Needs Analysis Reports
ATTACHMENT A
Nexus Project Cost 43,920,000$
Dev. Loan? Yes
5-Year Advance? No
Public Share: 51.0%
Dev. Share: 49.00%
Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI MLHP $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $0.00
Fund Type: MSI MLHP $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI MLHP $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $1,540,068.37
Fund Type: MSI MLHP $ - $ - $ - $ - $ - $ - $ - STP $ 451,547.72 $ - $ - $ - $ - $ - $ - OTHER $ 431,369.11 $ - $ - $ - $ - $ - $ - DEV FEE $ 446,191.63 $ - $ - $ - $ - $ - $ - DEMO $ 210,959.91 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other:_____ $ - $ - $ - $ - $ - $ - $ - $46,825,708.00
Capital Project Needs Analysis
City of Victorville
Victor Valley Major Local Highway Program
Widen Green Tree Blvd from
Hesperia to Ridgecrest from 0-4
lanes (includes bridge over BNSF
Railroad)
Current Total Project Cost
Estimate:
Comments:
Other = $431,369.11 = HIP
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.
Total Measure I Request:
$0.00
(Summation of Measure I)
2026-2030 CPNA COV - Green Tree Extension
Nexus Project Cost 10,409,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 51.0%
Dev. Share: 49.00%
Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI MLHP $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $0.00
Fund Type: MSI MLHP $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI MLHP $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $1,208,240.43
Fund Type: MSI MLHP $ - $ - $ - $ - $ - $ - $ - HBP $ 731,739.62 $ - $ - $ - $ - $ - $ - OTHER $ 177,777.11 $ - $ - $ - $ - $ - $ - OTHER $ 298,723.70 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - Other = $177,777.11 = HIP
Other = $298,723.70 = NHPP
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.
Capital Project Needs Analysis
City of Victorville
Victor Valley Major Local Highway Program
Bear Valley Rd. Overhead at
BNSF Railroad. From Industrial
Blvd. to 555 ft. east of Ridgecrest
Rd. Widen bridge and road
approaches for standard
shoulders and turn lanes.
Current Total Project Cost
Estimate:
$12,782,425.00
Total Measure I Request:
$0.00
(Summation of Measure I)
Comments:
2026-2030 CPNA COV - Bear Valley Rd Overhead BNSF
Item Number: 13
City Council / Board of Directors
Written Communications
Meeting of: September 3, 2024
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Annual League of California Cities voting delegate and alternate(s) Recommendation:
That Your Honorable City Council designate the voting delegate and alternate(s) for the League of California Cities Annual Conference & Expo, October 16-18, 2024.
Fiscal Impact:
There is no fiscal impact associated with this item.
Discussion:
The League of California Cities Annual Conference is being held October 16-18, 2024, in Long Beach. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, October 18, 2024. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy.
In order to vote at the Annual Business Meeting, the City Council must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.
Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the City Council. Conference registration is required to attend and vote during this meeting.
Attachments: A. Voting Delegate Packet
ATTACHMENT A
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
DATE: Wednesday, July 10, 2024
TO: Mayors, Council Members, City Clerks, and City Managers
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.
Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.
Council Action Advised by September 25, 2024
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].
Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a member-
informed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).